Policing, Security and Community Safety Act 2024
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Chapter 11 Miscellaneous (Part 2) | ||
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Liability for certain acts of members of An Garda Síochána | ||
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101. (1) Where a member of An Garda Síochána commits an actionable wrong in the course of performing the member’s functions under this Act— | ||
(a) the Garda Commissioner is liable to an action for damages in respect of damage resulting from the wrong as if the Garda Commissioner were the employer of the member, and | ||
(b) the member is, for the purposes of such liability, deemed to be the servant of the Garda Commissioner in so far as the member was acting in the course of performing his or her functions under this Act. | ||
(2) In proceedings brought against the Garda Commissioner by virtue of this section, the plaintiff need not name as a defendant the member or members of An Garda Síochána alleged to have committed the actionable wrong. | ||
(3) Nothing in this section affects any right of the Garda Commissioner to— | ||
(a) join an individual member as a defendant to proceedings in respect of an actionable wrong to which this section applies, or | ||
(b) recover contribution or seek indemnity from an individual member of An Garda Síochána who is, or who if sued at the time of the commission of that wrong would have been, liable in respect of the same damage. | ||
(4) This section applies to proceedings initiated after the coming into operation of this section, regardless of whether the actionable wrong to which the proceedings relate was committed prior to or after such coming into operation. | ||
(5) This section does not apply to a wrong committed by the use of a mechanically propelled vehicle belonging to the State. | ||
(6) Notwithstanding the repeal of section 48 of the Act of 2005 by section 5 , proceedings to which the said section 48 applied that have been initiated, and have not been concluded, prior to such repeal, shall not be affected by such repeal. | ||
(7) In this section— | ||
“actionable wrong” means a tort or breach of a constitutional right, whether or not the wrong is also a crime and whether or not the wrong is intentional; | ||
“damage” includes loss of property, loss of life and personal injury; | ||
“damages” includes exemplary damages and aggravated damages; | ||
“personal injury” includes any disease and any impairment of a person’s physical or mental condition. |