Policing, Security and Community Safety Act 2024

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Amendment of Criminal Justice (Surveillance) Act 2009

281. (1) The Act of 2009 is amended—

(a) in section 1—

(i) by the deletion of the following definitions:

(I) “chairperson”;

(II) “designated officer of the Ombudsman Commission”;

(III) “member of the Ombudsman Commission”;

(IV) “Ombudsman Commission”,

(ii) in the definition of “member of the Garda Síochána”, by the substitution of “means a member of An Garda Síochána within the meaning of the Act of 2024, other than a member of the rank of reserve garda” for “means a member of the Garda Síochána within the meaning of section 3 of the Act of 2005, other than a person referred to in paragraph (b) of that definition”,

(iii) in the definition of “relevant Minister”, in paragraph (a)(ii), by the substitution of “Police Ombudsman” for “Ombudsman Commission”,

(iv) in the definition of “superior officer”, by the substitution of the following paragraph for paragraph (aa):

“(aa) in the case of the Police Ombudsman, a senior designated officer of the Police Ombudsman;”,

and

(v) by the insertion of the following definitions:

“ ‘Act of 2024’ means the Policing, Security and Community Safety Act 2024;

‘designated officer of the Police Ombudsman’ means a designated officer within the meaning of the Act of 2024;

‘Independent Examiner’ has the same meaning as it has in the Act of 2024;

‘senior designated officer of the Police Ombudsman’ means a senior designated officer within the meaning of the Act of 2024;”,

(b) in section 2, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in both places where it occurs,

(c) in section 3, by the substitution of “Police Ombudsman” for “Ombudsman Commission”,

(d) in section 4(1A), by the substitution of “Police Ombudsman” for “Ombudsman Commission” in both places where it occurs,

(e) in section 5(7), by the substitution of “Police Ombudsman” for “Ombudsman Commission”,

(f) in section 7—

(i) in subsection (1), by the substitution of “Police Ombudsman” for “Ombudsman Commission”,

(ii) in subsection (7)(c), by the substitution of “Police Ombudsman” for “Ombudsman Commission”, and

(iii) in subsection (12), by the substitution of the following paragraph for paragraph (aa):

“(aa) in the case of a designated officer of the Police Ombudsman, the Police Ombudsman,”,

(g) in section 8—

(i) in subsection (1), by the substitution of “Police Ombudsman” for “Ombudsman Commission”,

(ii) in subsection (7)(c), by the substitution of “Police Ombudsman” for “Ombudsman Commission”, and

(iii) in subsection (10), by the substitution of the following paragraph for paragraph (aa):

“(aa) in the case of a designated officer of the Police Ombudsman, the Police Ombudsman,”,

(h) in section 11—

(i) in subsection (5)—

(I) by the substitution of “Police Ombudsman” for “Ombudsman Commission” in both places where it occurs, and

(II) in paragraph (d), by the substitution of “Independent Examiner” for “judge designated under section 12”,

(ii) in subsection (10), by the substitution of “a Garda Síochána premises within the meaning of Part 6 of the Act of 2024, a place under the control of the Police Ombudsman” for “a Garda Síochána station within the meaning of section 99 (10) of the Garda Síochána Act 2005 , a place under the control of the Ombudsman Commission”, and

(iii) in subsection (11)(b), by the substitution of “Independent Examiner under section 12(4)” for “designated judge under section 12(8)”,

(i) by the substitution of the following section for section 12:

“Duties of Independent Examiner in relation to Act

12. (1) The Independent Examiner shall undertake the duties specified in this section.

(2) The Independent Examiner shall ascertain whether An Garda Síochána, the Police Ombudsman, the Defence Forces, the Revenue Commissioners and the Competition and Consumer Protection Commission are complying with this Act.

(3) For the purpose of performing his or her functions under subsection (2), the Independent Examiner may investigate any case in which an authorisation is issued under section 5 or renewed or varied under section 6 or an approval is granted under section 7 or 8.

(4) Without prejudice to section 242 of the Act of 2024, a person in charge of a Garda Síochána premises within the meaning of Part 6 of the Act of 2024, a place under the control of the Police Ombudsman, the Defence Forces, the Revenue Commissioners or the Competition and Consumer Protection Commission or any other place in which documents relevant to the performance of the functions of the Independent Examiner are kept shall ensure that the Independent Examiner has access to those places, and to the authorisations, written records of approval, reports and other relevant documents that the Independent Examiner may request.

(5) Where the Independent Examiner investigates a case under subsection (3) and is of the opinion that it is in the interests of justice to do so, he or she may refer that case to the Referee for an investigation under section 11(11).”,

(j) in section 13(4)—

(i) in the definition of “authorised person”—

(I) in paragraph (a), by the substitution of “ section 80 (4)(a) of the Act of 2024” for “ section 62 (4)(a) of the Garda Síochána Act 2005 ”, and

(II) in paragraph (d)(i), by the substitution of “Police Ombudsman” for “chairperson of the Ombudsman Commission”,

and

(ii) in the definition of “relevant person”—

(I) in paragraph (a), by the substitution of “Police Ombudsman” for “Ombudsman Commission”,

(II) by the substitution of the following paragraph for paragraph (b):

“(b) a member of the Garda Síochána who holds the rank of reserve garda,”,

(III) by the substitution of the following paragraph for paragraph (ba):

“(ba) an officer of the Police Ombudsman other than a designated officer of the Police Ombudsman,”,

(IV) by the substitution of the following paragraph for paragraph (d):

“(d) a member of garda staff (within the meaning of the Act of 2024) or a member of the civilian staff of the Defence Forces, or”,

and

(V) in paragraph (e), by the substitution of “Police Ombudsman” for “Ombudsman Commission”,

(k) in section 14, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in both places where it occurs, and

(l) in section 15(2)(c), by the substitution of “Police Ombudsman” for “Ombudsman Commission”.

(2) For a period of 3 months from the date of the coming into operation of this section, the Act of 2009 shall, for the purpose specified in subsection (3), continue to apply as if section 12 of that Act had not been amended by subsection (1) (i).

(3) The purpose referred to in subsection (2) is to permit the judge, designated under section 12 of the Act of 2009, to perform the functions specified in that section, insofar as those functions relate to the operation of sections 4 to 8 of that Act, prior to the coming into operation of this section.

(4) Without prejudice to subsection (2) and notwithstanding the coming into operation of subsection (1)(i), subsections (6) and (7) of section 12 of the Act of 2009 shall continue to apply to a report prepared pursuant to subsection (3), as if that subsection had not been amended by subsection (1)(i).

(5) In this section, “Act of 2009” means the Criminal Justice (Surveillance) Act 2009 .