Policing, Security and Community Safety Act 2024
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Annual service plan | ||
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65. (1) The Garda Commissioner shall, before the expiry of the specified period in any year, prepare an annual service plan for An Garda Síochána for the following year and submit it to the Minister for approval with or without amendment. | ||
(2) Subject to subsection (5), an annual service plan prepared by the Garda Commissioner shall not be submitted to the Minister under subsection (1) unless it has been adopted by the Board. | ||
(3) An annual service plan shall— | ||
(a) be prepared in such form and manner as may be in accordance with any directions issued by the Minister, | ||
(b) set out the type, and volume, of services to be provided by An Garda Síochána for the period to which the plan relates, | ||
(c) set out the objectives to be achieved through the services to be provided and contain estimates of the financial resources required to meet each such objective, | ||
(d) set out the performance targets to be achieved in relation to each objective referred to in paragraph (c), | ||
(e) set out any capital expenditure proposed by An Garda Síochána, | ||
(f) set out estimates of the income and expenditure of An Garda Síochána for the period to which the plan relates, | ||
(g) be consistent with the resources reasonably and prudently expected to be available to An Garda Síochána for the period to which the plan relates, | ||
(h) set out estimates of the number of garda personnel for the period to which the plan relates and the services to which the plan relates, | ||
(i) be consistent with any directives issued by the Minister under section 37 , and | ||
(j) contain such other information as the Minister may specify. | ||
(4) When preparing an annual service plan, the Garda Commissioner shall— | ||
(a) ensure that the plan is not inconsistent with— | ||
(i) the policing priorities, | ||
(ii) the security priorities, | ||
(iii) the strategic plan as laid under section 64 (1), and | ||
(iv) any directive issued by the Minister under section 37 , | ||
and | ||
(b) have due regard to— | ||
(i) such views of the Authority as may be provided under section 122 (2)(q), | ||
(ii) the policies and objectives of the Government or any Minister of the Government to the extent that those policies may affect, or relate to, the functions of An Garda Síochána, and | ||
(iii) the requirement to exercise the highest standards of prudent and effective financial and budgetary management, including with regard to the achievement of value for money and recognition of the importance of operating within authorised financial and staffing resources. | ||
(5) Where the Garda Commissioner fails to submit an annual service plan adopted by the Board to the Minister before the expiry of the specified period, the Minister may, in writing, issue a direction to the Garda Commissioner to prepare and submit an annual service plan to him or her not later than— | ||
(a) 10 days after the date on which the Minister issues the direction to the Garda Commissioner, or | ||
(b) such earlier date as may be specified in the direction. | ||
(6) An annual service plan submitted to the Minister by the Garda Commissioner pursuant to subsection (5) shall be deemed to have been adopted by the Board. | ||
(7) The Minister shall, not later than 28 days after the submission to him or her of an annual service plan under this section— | ||
(a) approve the plan, | ||
(b) approve the plan with such amendments as the Minister, having consulted with the Garda Commissioner, may determine, or | ||
(c) issue a direction to the Garda Commissioner under subsection (8) to amend the plan. | ||
(8) The Minister may direct the Garda Commissioner to amend an annual service plan where, in the opinion of the Minister, the plan— | ||
(a) is not in compliance with subsection (3), or | ||
(b) has been prepared by the Garda Commissioner without properly taking into account the matters referred to in subsection (4). | ||
(9) The Garda Commissioner shall comply with a direction issued to him or her under this section. | ||
(10) The Minister shall, not later than 14 days after the submission to him or her of an annual service plan amended in accordance with a direction under this section, approve the plan. | ||
(11) Where an annual service plan is the subject of a direction issued under this section to amend it, the Minister may refuse to approve the plan unless it is amended in accordance with the direction. | ||
(12) Subject to subsection (14), the Minister shall, as soon as practicable, cause a copy of an annual service plan to be laid before each House of the Oireachtas— | ||
(a) after the plan is approved by the Minister under paragraph (a) or (b) of subsection (7), or | ||
(b) where the plan is amended pursuant to a direction issued under subsection (8), after such amendment. | ||
(13) The Garda Commissioner shall ensure that, as soon as practicable after a copy of an annual service plan is laid before each House of the Oireachtas, the plan as laid is published on a website maintained by or on behalf of An Garda Síochána or in such other manner as the Minister may specify. | ||
(14) The Minister may exclude from the copy of an annual service plan to be laid before each House of the Oireachtas under subsection (12) or section 66 (10) any matter that, in his or her opinion— | ||
(a) would be prejudicial to the interests of the security of the State, or | ||
(b) might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person. | ||
(15) In this section, “specified period”, in relation to a year, means— | ||
(a) the period ending 42 days after the date of publication by the Government of the Estimates for Public Services (within the meaning of section 17 of the Ministers and Secretaries (Amendment) Act 2011 ) for that year, or | ||
(b) such other period as the Minister may allow. |