Policing, Security and Community Safety Act 2024

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Objective, functions and powers of Authority

122. (1) The objective of the Authority shall be to oversee and assess in an independent and transparent manner the performance by An Garda Síochána of its function relating to policing services in order to support the effective provision and continuous improvement of such services to the benefit of the safety of the public.

(2) Subject to this Act, the Authority shall have the following functions:

(a) to further its objective as far as practicable;

(b) to keep under review the performance by An Garda Síochána of its function relating to policing services, including the delivery by An Garda Síochána of the objectives—

(i) set out in the annual service plan as laid under section 65 (12) or 66 (10) in so far as it relates to policing services, and

(ii) of the national strategy as it relates to policing services;

(c) to keep under review the arrangements and strategies in place to support and enhance the performance by An Garda Síochána of its function relating to policing services;

(d) to carry out inspections;

(e) to prepare reports of inspections carried out and to make such recommendations to the Garda Commissioner or the Minister, as the case may be, for any action as the Authority considers necessary arising from inspections;

(f) to monitor and assess the implementation by An Garda Síochána of such recommendations arising from inspections as the Authority considers appropriate or as may be requested by the Minister;

(g) to monitor and assess the implementation by An Garda Síochána of such recommendations relating to policing services arising from investigations, inspections, inquiries or reviews carried out by bodies other than the Authority (whether before or after the establishment day of the Authority), as the Authority considers appropriate or as may be requested by the Minister;

(h) to promote the policing principles;

(i) to promote professional policing standards (including human rights standards) and the continuous improvement of policing having regard to best international practice;

(j) to promote public awareness of matters relating to policing services;

(k) to keep the Minister informed of developments in respect of matters relating to policing services and to make recommendations to assist the Minister in coordinating and developing policy in that regard;

(l) to keep itself generally informed of—

(i) trends and patterns in the use of force by members of An Garda Síochána, and statistics in relation thereto,

(ii) trends and patterns in crimes committed, and statistics in relation thereto,

(iii) complaints made against members of garda personnel,

(iv) the arrangements for the recruitment, training and development of members of garda personnel,

(v) the mechanisms in place within An Garda Síochána for the measurement of performance and accountability of members of garda personnel, and

(vi) the arrangements for managing and deploying the resources available to An Garda Síochána;

(m) to promote inter-agency collaboration and community engagement to improve community safety;

(n) to undertake, commission or assist in research projects (including by way of public consultation) and other activities in respect of matters relating to policing services which, in the opinion of the Authority, may—

(i) promote improvements in standards of policing services and public awareness of such services,

(ii) promote improvements in inter-agency collaboration and community engagement to improve community safety, or

(iii) contribute to a reduction in the number of complaints against members of garda personnel or An Garda Síochána in relation to policing services,

and make recommendations to the Garda Commissioner and the Minister arising from those projects or activities;

(o) to provide advice to the Minister with regard to best policing practice;

(p) to provide views to the Garda Commissioner in relation to the content of a strategic plan for An Garda Síochána to be prepared under section 63 in so far as it relates to matters concerning policing services;

(q) to provide views to the Garda Commissioner, in so far as is possible prior to the publication by the Government of the Estimates for Public Services (within the meaning of section 17 of the Ministers and Secretaries (Amendment) Act 2011 ) each year and in any event no later than 7 days after such publication, in relation to the content of an annual service plan for An Garda Síochána to be prepared under section 65 in so far as it relates to the provision of policing services;

(r) to ensure that the Authority has appropriate policies, plans and actions in place to enable compliance with its obligations under section 42 of the Irish Human Rights and Equality Commission Act 2014 ;

(s) to perform any other functions conferred on it by or under this Act or any other enactment.

(3) For the avoidance of doubt, the performance by the Authority of its functions shall not incorporate management of the performance of the Garda Commissioner.

(4) In performing its functions, the Authority shall have regard to—

(a) the policies and objectives of the Government and any Minister of the Government in so far as the policies and objectives may affect or relate to the functions of the Authority,

(b) the functions of the Board concerning the governance of An Garda Síochána,

(c) the need to cooperate, and coordinate its activities, with public authorities, the performance of whose functions may affect or relate to the functions of the Authority, and

(d) the importance of the function of An Garda Síochána concerning security services.

(5) The Authority shall have all such powers as are necessary or expedient for the performance of its functions.

(6) The Authority may perform any of its functions through or by the chief executive of the Authority or member of its staff duly authorised in that behalf by the Authority.

(7) The chief executive of the Authority or other member of the staff of the Authority who, pursuant to subsection (6), performs any of its functions is presumed in any proceedings to have been authorised by it to do so on its behalf, unless the contrary is shown.

(8) The Authority may provide for the performance by a committee of the Authority of one or more of its functions under the general direction of the Authority.

(9) The Authority shall furnish to the Minister such information regarding the performance of the Authority’s functions as the Minister may from time to time require.

(10) The Authority shall keep the Minister informed of matters relevant to the accountability of the Government to the Houses of the Oireachtas.

(11) Subject to this Act, the Authority shall be independent in the performance of its functions.