Policing, Security and Community Safety Act 2024

Special assistance

181. (1) The Police Ombudsman may, for the purposes of performing his or her functions, enter into arrangements—

(a) with the Garda Commissioner for the engagement by the Police Ombudsman of eligible members of garda personnel,

(b) with any police service or law enforcement agency outside the State for the engagement by the Police Ombudsman of police officers from that service or agency, or

(c) with any other body for the engagement by the Police Ombudsman of other persons.

(2) Arrangements under subsection (1) may provide for persons to be engaged (on contract or otherwise) for a period of temporary service with the Office of the Police Ombudsman.

(3) Where a person is—

(a) a member of An Garda Síochána, another police service, law enforcement agency or other body,

(b) engaged under this section for a period of temporary service with the Office of the Police Ombudsman, and

(c) designated by the Police Ombudsman for the purpose of conducting an investigation (within the meaning of Part 6 ),

he or she shall have, in relation to such investigation only, the powers, immunities and privileges conferred, and the duties imposed, under sections 209 to 211 .

(4) During a period of temporary service pursuant to an arrangement under this section—

(a) a member of garda personnel shall continue to be paid as a member of garda personnel but shall not be subject to the direction or control of the Garda Commissioner,

(b) a member of garda personnel’s service with the Office of the Police Ombudsman shall be regarded as service with An Garda Síochána for pension, promotion and seniority purposes, and

(c) a member of An Garda Síochána shall be entitled to claim compensation under the Garda Síochána (Compensation) Act 2022 for injuries inflicted as a result of a malicious incident within the meaning of that Act in the course of, or in relation to, the carrying out of his or her duties with the Office of the Police Ombudsman as if he or she had not been on such service and the injuries had been received in the course of, or in relation to, the carrying out of his or her duties as such a member.

(5) Where the Garda Síochána Ombudsman Commission entered into an arrangement under section 74 of the Act of 2005 prior to the repeal of that section by section 5 and the arrangement is in force immediately before that repeal, the arrangement shall be deemed to have been entered into under this section to the extent that it is so in force.

(6) In this section, “eligible member of garda personnel” means—

(a) a member of garda personnel below the rank of Garda Commissioner, and

(b) a member of garda staff,

who has offered in writing to be available during a specified temporary period for service under an arrangement under this section and whose offer has been accepted by the Garda Commissioner.