S.I. No. 116/2025 - Policing, Security and Community Safety Act 2024 (Standards of Professional Behaviour) Regulations 2025

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th April, 2025.

I, JIM O’CALLAGHAN, Minister for Justice, in exercise of the powers conferred on me by sections 252 and 258 of the Policing, Security and Community Safety Act 2024 (No. 1 of 2024), having consulted with the Garda Commissioner, the Police Ombudsman and the Authority, and with the approval of the Government, and having had regard to the matters specified in paragraphs (a) to (d) of subsection (2) of the said section 258 , hereby make the following Regulations:

1. These Regulations may be cited as the Policing, Security and Community Safety Act 2024 (Standards of Professional Behaviour) Regulations 2025.

2. These Regulations shall come into operation on 2 April 2025.

3. In these Regulations, “Act” means the Policing, Security and Community Safety Act 2024 (No. 1 of 2024).

4. The standards at Regulations 5 to 15 are prescribed, for the purposes of section 258(1) of the Act, as the standards of professional behaviour applicable to members of An Garda Síochána.

Honesty and integrity

5. (1) A member of An Garda Síochána shall act with honesty and integrity and, in so doing, shall not abuse or compromise his or her position, authority or powers, or engage in any conduct that may discredit An Garda Síochána or undermine public confidence in policing.

(2) The standard prescribed at paragraph (1) shall include a requirement not to –

(a) engage in falsehood or prevarication in his or her capacity as a member of An Garda Síochána, including by –

(i) making, or procuring the making of, any oral or written statement, or any entry in an official document or record that, to the member’s knowledge, is false or misleading,

(ii) destroying, altering or damaging any official document or record, or altering or erasing any entry in such document or record, including for the purpose of deceiving any person, or

(iii) making a false allegation, including a false allegation of injury in the workplace or in the course of the performance of his or her functions;

(b) commit theft or fraud;

(c) misuse money or other property belonging to a member of the public that is in the custody or possession of An Garda Síochána, including by –

(i) misappropriating or wilfully or carelessly misusing, wasting, losing or damaging any such money or other property, or

(ii) failing, without good and sufficient cause, to report any such misuse, waste, loss or damage of which he or she becomes aware;

(d) engage in conduct which the member of An Garda Síochána knows, or ought to know, would be prejudicial to discipline within An Garda Síochána;

(e) engage in oppressive conduct towards a member of the public, including, without good and sufficient cause, making an arrest.

Anti-corruption

6. (1) A member of An Garda Síochána shall not engage in corrupt or improper practice.

(2) The standard prescribed at paragraph (1) shall include a requirement not to –

(a) solicit or receive as a member of An Garda Síochána, without the consent of the Garda Commissioner, any gratuity or gift (other than from customary collections for such purposes as presentations on the occasion of transfer, marriage or retirement);

(b) place himself or herself under a pecuniary obligation to any person in a manner that might affect the ability of the member of An Garda Síochána to perform his or her functions as a member;

(c) improperly use, or attempt to use, his or her position as a member of An Garda Síochána for his or her personal advantage;

(d) provide, otherwise than in accordance with conditions specified from time to time by the Garda Commissioner, any testimonial of character or other recommendation with the object of supporting an application for a licence or certificate relating to intoxicating liquor or betting, gaming, lotteries or other gambling activities;

(e) fail wilfully and without good and sufficient cause to pay any lawful debt in such circumstances as to be liable to affect his or her ability to perform his or her functions as a member of An Garda Síochána or as to be liable to compromise other such members;

(f) sign or circulate a petition or statement relating to matters affecting An Garda Síochána other than a petition or statement presented or intended to be presented to his or her superiors either directly or through a representative association established in accordance with section 59(1) of the Act;

(g) provide, otherwise than in accordance with conditions specified from time to time by the Garda Commissioner, any testimonial of character or other recommendation on behalf of a defendant before the criminal courts.

Upholding the law

7. (1) A member of An Garda Síochána shall uphold, and act in accordance with, the law.

(2) The standard prescribed at paragraph (1) shall include a requirement –

(a) not to engage in criminal conduct;

(b) to act in accordance with the Act;

(c) to act in accordance with the Criminal Justice (Victims of Crime) Act 2017 .

Compliance with policies and directives

8. A member of An Garda Síochána shall comply with all policies and directives applicable to An Garda Síochána that are relevant to him or her in his or her capacity as a member.

Reporting wrongdoing

9. A member of An Garda Síochána shall, where he or she becomes aware of any conduct by another member of garda personnel that he or she reasonably believes may be otherwise than in accordance with the law or may not comply with the standards prescribed by these Regulations –

(a) report such conduct to a member of An Garda Síochána of a rank above his or her rank, and

(b) cooperate with any measures taken in respect of the conduct concerned.

Respect and equality

10. (1) A member of An Garda Síochána shall uphold human rights and equality and treat all persons with fairness, dignity and respect.

(2) The standard prescribed at paragraph (1) shall include a requirement not to –

(a) discriminate against any person, including in the delivery of services by An Garda Síochána;

(b) engage in sexual misconduct or sexual harassment in respect of any person, whether a member of garda personnel or a member of the public;

(c) behave in an abusive manner towards a member of garda personnel, including –

(i) assaulting the member,

(ii) engaging in oppressive or insubordinate conduct towards the member, or

(iii) using abusive language to him or her;

(d) behave in a discourteous manner towards a member of the public;

(e) engage in intimidation of a member of the public;

(f) engage in mistreatment of arrested or detained persons.

Authority and responsibility

11. (1) A member of An Garda Síochána shall exercise his or her authority in a lawful and proportionate manner and carry out his or her duties with diligence.

(2) The standard prescribed at paragraph (1) shall include a requirement not to –

(a) give orders or instructions that are unlawful;

(b) wilfully disobey, or obstruct the implementation of, any lawful order, whether written or oral;

(c) neglect his or her duty, including by failing or neglecting to –

(i) promptly carry out any lawful order or do any other thing which it is his or her duty to do, or

(ii) properly account for any money or property received by him or her in his or her capacity as a member of An Garda Síochána;

(d) engage in the unwarranted destruction of evidence or property or in the mishandling of evidence or property.

Fitness for duty

12. (1) A member of An Garda Síochána shall ensure that he or she is fit to carry out his or her duties when on duty or presenting himself or herself for duty, other than where he or she is unable to do so because of illness, disability or injury.

(2) The standard prescribed at paragraph (1) shall include a requirement not to –

(a) be unfit for duty owing to the effects of intoxicating liquor or other drugs or a combination thereof, either while on duty or while not on duty but wearing a uniform in a public place;

(b) consume intoxicating liquor or other drugs or a combination thereof, either while on duty or while not on duty but wearing a uniform in a public place;

(c) while absent from duty due to illness or injury, engage in any culpable act that is calculated to delay his or her return to duty;

(d) while absent from duty due to illness or injury, fail, refuse or neglect to carry out any direction from the Garda Commissioner based on information received by him or her from the Chief Medical Officer of An Garda Síochána;

(e) dishonestly absent himself or herself from duty on the grounds of illness or injury.

Police powers

13. (1) A member of An Garda Síochána shall exercise his or her powers in a lawful, reasonable and proportionate manner.

(2) The standard prescribed at paragraph (1) shall include a requirement not to –

(a) use excessive force in engaging with any person in the course of the performance of his or her functions;

(b) exercise his or her powers, including powers of search, arrest or detention, where such exercise of powers is unwarranted or unnecessary;

(c) fail to act in relation to any conduct of which he or she becomes aware that may constitute an offence;

(d) act outside the scope of his or her powers in the performance of his or her functions.

Information and privacy

14. A member of An Garda Síochána shall not (other than for the purpose of, or in connection with, the performance of his or her functions) collect, record, access, use, alter, erase, retain or disclose, or cause to be collected, recorded, accessed, used, altered, erased, retained or disclosed, any information or document of which the member becomes aware, that comes to his or her knowledge or to which he or she may have access, in his or her capacity as such a member.

Transparency and communication

15. (1) A member of An Garda Síochána shall communicate in a responsible, effective and transparent manner with –

(a) other members of garda personnel,

(b) other Departments of State and State agencies and bodies, and

(c) members of the public.

(2) The standard prescribed at paragraph (1) shall include a requirement –

(a) to provide information in accordance with the law and any applicable policies of An Garda Síochána;

(b) to comply with any policies of An Garda Síochána in relation to the use of official communication systems, including e-mail or other internet procedures, when using such systems;

(c) not to use official communication systems, including e-mail or other internet procedures in a manner that causes, or has the potential to cause, a breach in security or confidentiality;

(d) not to use social media or instant messaging platforms in a manner that may discredit An Garda Síochána or undermine public confidence in policing.

The Government approves of the making of the foregoing Regulations.

GIVEN under the Official Seal of the Government,

2 April, 2025.

MICHEÁL MARTIN,

Taoiseach.

GIVEN under my Official Seal,

2 April, 2025.

JIM O’CALLAGHAN,

Minister for Justice.