Policing, Security and Community Safety Act 2024

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Performance Regulations

256. (1) Subject to section 252 (2), the Minister may, having consulted with the Garda Commissioner and the Police Ombudsman, make regulations providing for the procedures under which An Garda Síochána may address—

(a) the unsatisfactory performance of a member of An Garda Síochána, or

(b) the unsatisfactory attendance of such a member,

(in this Act referred to as the “Performance Regulations”).

(2) Without prejudice to the generality of subsection (1), the Performance Regulations may make provision for the following matters:

(a) the criteria and procedures by which it is to be determined that the regulations are to apply in respect of the unsatisfactory performance or unsatisfactory attendance of a member of An Garda Síochána;

(b) the criteria and procedures by which the degree of seriousness of the unsatisfactory performance or unsatisfactory attendance of the member may be assessed;

(c) the procedures to apply in addressing the unsatisfactory performance or unsatisfactory attendance of the member, including—

(i) the person responsible for addressing such unsatisfactory performance or unsatisfactory attendance of the member concerned at each stage of such procedures,

(ii) the measures that may be taken by An Garda Síochána for the purposes of addressing the unsatisfactory performance or unsatisfactory attendance of the member concerned, including—

(I) the holding of meetings with that member, whether by another member of garda personnel or a panel of such members,

(II) the assessment of that member’s performance or attendance to determine whether further measures are required under the regulations in relation to him or her,

(III) the issuing of a notice in writing to that member requiring that he or she improve his or her performance or attendance and specifying any actions required for such improvement and such other matters as may be considered appropriate (in this section referred to as an “improvement plan”),

(IV) the assessment and monitoring of compliance by that member with an improvement plan,

(V) the variation of an improvement plan,

(VI) the suspension of that member under section 48 or 50 (3), and

(VII) the bringing of a review by that member of an outcome proposed under the regulations and the conduct or consideration of that review,

(iii) the fair procedures to apply to the member concerned in the consideration or assessment of his or her performance or attendance, including the circumstances in which the member concerned may be legally represented, and

(iv) the outcomes that may be imposed on the member concerned under the regulations, including—

(I) a decision that no further action is required under the regulations,

(II) the referral of that member to be dealt with under the Conduct Regulations,

(III) a reduction in the rank of that member, or

(IV) the dismissal of that member;

(d) the retention of records relating to any matter dealt with under the regulations;

(e) the procedures to apply where a copy of a report has been provided to the Garda Commissioner by the Police Ombudsman under section 215 in relation to a member of An Garda Síochána that discloses a matter that should be dealt with under the Performance Regulations.

(3) Regulations made under this section may make different provision—

(a) depending on the degree of seriousness of the unsatisfactory performance or unsatisfactory attendance of a member of An Garda Síochána, or

(b) for different categories of members or ranks of An Garda Síochána.

(4) In this section—

“improvement plan” has the meaning assigned to it by subsection (2)(c)(ii)(III);

“unsatisfactory attendance”, in relation to a member of An Garda Síochána, means an inability or a failure on the part of the member to attend for duty as such a member to the level that can reasonably be expected of such a member;

“unsatisfactory performance”, in relation to a member of An Garda Síochána, means an inability or a failure on the part of the member to perform the duties of the role that he or she is currently undertaking, or the rank that he or she holds, to the level that can reasonably be expected of such a member.