Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015
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Security services | ||
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4. The Principal Act is amended by the insertion of the following section after section 3: | ||
“3A. (1) In this Act ‘security services’, subject to subsection (2), means the functions of the Garda Síochána referred to in section 7 that are concerned with— | ||
(a) protecting the security of the State including, but not limited to, the following: | ||
(i) preventing, detecting and investigating offences under the Offences against the State Acts 1939 to 1998, the Criminal Law Act 1976 , the Criminal Justice (Terrorist Offences) Act 2005 and the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 ; | ||
(ii) protecting the State from— | ||
(I) espionage, | ||
(II) sabotage, | ||
(III) unlawful acts that subvert or undermine, or are intended to subvert or undermine, parliamentary democracy or the institutions of the State, and | ||
(IV) acts of foreign interference that are, or are intended to be, detrimental to the interests of the State and are clandestine or deceptive or involve a threat to any person, | ||
whether directed from, or committed or intended to be committed within, the State or not, | ||
(b) identifying foreign capabilities, intentions or activities within or relating to the State that impact on the international well-being or economic well-being of the State, and | ||
(c) co-operating with authorities in other states and international organisations aimed at preserving international peace, public order and security. | ||
(2) The reference in subsection (1) to the functions of the Garda Síochána referred to in section 7 that are concerned with protecting the security of the State does not include lawful advocacy, protest or dissent by any person. | ||
(3) Where a question or dispute arises as to whether a particular matter relates to policing services or security services, the question or dispute shall be submitted to the Minister for determination. | ||
(4) The determination by the Minister of the question or dispute referred to him or her under subsection (3) shall be final.”. |