Policing, Security and Community Safety Act 2024

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Powers of inspector of policing services

147. (1) Where an inspector of policing services is authorised under section 143 (4)(b) to carry out an inspection, the inspector, where he or she considers it necessary or expedient for the purposes of carrying out the inspection, may—

(a) enter a relevant location at any time to inspect any aspect of the administration or operation of An Garda Síochána in relation to the provision of policing services that is relevant to the inspection,

(b) require any member of garda personnel to—

(i) provide any information that the inspector of policing services may reasonably require for the purposes of the inspection,

(ii) produce to him or her any documents in that person’s power or control that the inspector of policing services may reasonably require for the purposes of the inspection, and

(iii) provide an explanation of any document made available pursuant to subparagraph (ii),

(c) examine any document made available to him or her under paragraph (b) and take copies of, or extracts from, such document or have the document made available in a form to facilitate removal from the location at which the document is made available,

(d) take possession of any document made available to him or her under paragraph (b) that, in the opinion of the inspector of policing services is relevant to the inspection, and, for those purposes, remove it and retain it in his or her possession for a reasonable period,

(e) require the personal details of any person in a relevant location where, in the opinion of the inspector of policing services, such information is relevant to the inspection, and

(f) be assisted, when exercising a power under this section by such and so many members of staff of the Authority or persons under contract with or engaged by the Authority pursuant to section 132 (1) as he or she considers appropriate.

(2) A member of garda personnel may refuse to provide any information or document the subject of a requirement under this section on the grounds that it relates to the security of the State or would endanger the life or safety of any person who has given information in confidence to a public body in relation to the enforcement or administration of the law.

(3) Where a member of garda personnel is of the opinion that subsection (2) applies in relation to a requirement made of him or her by an inspector of policing services, the inspector shall so inform the Authority.

(4) Where the Authority is informed under subsection (3) that a member of garda personnel is of the opinion that subsection (2) applies, the Authority may make a request to the Garda Commissioner to provide the information or document concerned.

(5) Where the Garda Commissioner, on being requested by the Authority to provide the information or document concerned under subsection (4), refuses to comply with the request on the grounds that he or she is of the opinion that subsection (2) applies, the Authority may refer such refusal to the Independent Examiner in writing for the purposes of a review of the refusal under section 243 .

(6) Upon receipt of a recommendation from the Independent Examiner under section 243 (4) in relation to a matter referred to in subsection (5), where the Minister is satisfied, taking into account the recommendation, that the provision of all or part of the information or document requested by the Authority—

(a) does not relate to the security of the State, or

(b) would not endanger the life or safety of any person who has given information in confidence to a public body in relation to the enforcement or administration of the law,

he or she shall issue a direction specifying that all or part, as the case may be, of the document or information be disclosed to the inspector of policing services concerned.

(7) The Minister shall, as soon as practicable after—

(a) issuing a direction under subsection (6), provide a copy of the direction to the Authority and the Garda Commissioner, or

(b) deciding not to issue a direction under that subsection, so inform the Authority and Garda Commissioner.

(8) In this section and section 148 , “relevant location” means any garda station or other premises or structure, including a temporary structure, used by An Garda Síochána, whether on a temporary basis or otherwise, where members of garda personnel are assigned in connection with the provision of policing services.