Civil Defence Act 2023

• Jurisdiction: Ireland
• Citation: IR No. 17/2023

Civil Defence Act 2023

2023 17

An Act to provide for the functions of the Minister for Defence relating to civil defence; to provide for the responsibilities of local authorities relating to civil defence; to make provision relating to civil defence officers and civil defence volunteers; to provide for the establishment and maintenance of a register to be known as the Register of Civil Defence Volunteers; to provide for civil defence plans; to make provision for the funding of civil defence; to provide for codes of practice; for those and other purposes to provide for the repeal of certain enactments and necessary transitional arrangements; and to provide for related matters.

[26 June 2023]

Be it enacted by the Oireachtas as follows:

1 Definitions

1. In this Act—

“Act of 2001” means the Local Government Act 2001;

“Act of 2012” means the National Vetting Bureau (Children and Vulnerable Persons) Act 2012;

“administrative area” has the same meaning as it has in the Act of 2001;

“civil defence” means the volunteer-based organisation, organised at a local authority level, that supports, through the provision of civil defence services, the principal response agencies, Departments of State and, as appropriate, other State agencies, during national, regional and local emergency and non-emergency events, including by assisting at community, local authority, sporting and charitable events;

“civil defence officer” means a person employed in accordance withsection 5(1) to be a civil defence officer and includes a person employed to be an assistant civil defence officer;

“civil defence plan” has the meaning given to it bysection 8(1);

“civil defence services” means the services provided for the purposes of this Act by civil defence volunteers in the performance of their duties;

“civil defence unit” has the meaning given to it bysection 4(1);

“civil defence volunteer” means a person who is registered in the Register for the local authority concerned;

“code of practice” means a code of practice prescribed by regulations made undersection 10(1);

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016¹ 1on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

“local authority” means—

(a) a county council within the meaning of the Act of 2001, or

(b) a city council within the meaning of that Act;

“Minister” means the Minister for Defence;

“principal response agencies” means An Garda Síochána, the Health Service Executive and local authorities;

“Register” has the meaning given to it bysection 7(1).

¹ OJ No. L 119, 4. 5.2016, p.1.

2 Functions of Minister relating to civil defence

(1) The Minister shall be responsible for the overall policies and strategies relating to civil defence.

(2) Without prejudice to the generality of subsection (1), the Minister shall be responsible for—

(a)

promoting and supporting the development of civil defence in co-operation with local authorities,

(b)

giving directions to local authorities in relation to the performance of their functions under, or for the purposes of, this Act as the Minister considers appropriate,

(c)

promoting public awareness and disseminating coordinated information to the public, in relation to civil defence,

(d)

providing, or arranging for the provision of, to local authorities, and to such other persons as the Minister considers necessary and appropriate, such services and facilities, including training services, relating to civil defence, as the Minister considers necessary,

(e)

procuring such goods and equipment, relating to civil defence, as the Minister considers necessary, and providing, or arranging for the provision of, those goods and equipment to local authorities, and

(f)

providing, or arranging for the provision of, such other ancillary services relating to civil defence, for the purposes of this Act, as the Minister considers necessary and appropriate.

(3) Local authorities shall comply with such directions as may be given by the Minister under this Act.

3 Provision of information to Minister

3. Each local authority shall provide, in such form as the Minister may require, such information, in relation to the operation of civil defence, as may be requested by the Minister from time to time, not later than 20 working days after receiving the request or within such other period as may be specified by the Minister in that request.

4 Establishment of civil defence unit

(1) Each local authority shall, in accordance with such directions as may be given by the Minister, establish at least one unit (in this Act referred to as a “civil defence unit”), comprising one or more civil defence officers and civil defence volunteers, for the purpose of providing civil defence services in the administrative area of that local authority.

(2) A local authority, with the prior consent of the Minister, may enter into arrangements with one or more other local authorities for the establishment by them of a joint civil defence unit for the purpose of providing civil defence services in the administrative areas of those local authorities.

(3) Section 85(1) of the Act of 2001 shall apply to a joint civil defence unit referred to in subsection (2) as it applies to an arrangement under that section, with any necessary modifications.

(4) Each local authority shall provide such accommodation and equipment as may reasonably be required for its civil defence unit.

(5) With the agreement of the local authorities concerned, civil defence volunteers may provide civil defence services in the administrative area of another local authority.

5 Civil defence officers

(1) Subject to subsection (2), each local authority may, with the consent of the Minister, given with the approval of the Minister for Public Expenditure, National Development Plan Delivery and Reform and the Minister for Housing, Local Government and Heritage, and in accordance with such directions (if any) as may be given by the Minister, employ such and so many persons to be civil defence officers or assistant civil defence officers as the local authority considers appropriate for the purposes of this Act.

(2) A local authority shall, in accordance with such directions (if any) as may be given by the Minister for Housing, Local Government and Heritage following consultation with the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine the terms and conditions (including terms and conditions relating to remuneration) of employment of civil defence officers and may, from time to time, alter those terms and conditions.

(3) The function of a civil defence officer shall be to manage the operation of civil defence in the administrative area of the local authority, including the admission to its civil defence unit, and the training and management, of civil defence volunteers.

(4) The positions of civil defence officer and assistant civil defence officer are positions to which the Local Authorities (Officers and Employees) Act 1926 does not apply.

6 Civil defence volunteers

(1) A local authority may, in accordance with such directions as may be given by the Minister, admit to its civil defence unit such and so many persons to be civil defence volunteers as it considers necessary and appropriate for the purposes of the provision of civil defence services in the administrative area of the local authority.

(2) Without prejudice to the generality of subsection (1), the Minister may give directions to local authorities in relation to—

(a)

the classes of persons who are eligible to be civil defence volunteers,

(b)

the form and manner in which an application to be a civil defence volunteer shall be made,

(c)

the conditions for the admission of persons to a civil defence unit as civil defence volunteers, including the requirement to undergo vetting by the National Vetting Bureau of the Garda Síochána in accordance with the Act of 2012,

(d)

conditions with which a civil defence volunteer shall comply, including, but not limited to:

(i) standards of training;

(ii) attendance for duties;

(iii) compliance with any relevant code of practice;

(iv) vetting by the National Vetting Bureau of the Garda Síochána in accordance with the Act of 2012.

(3) Subject to and in accordance with any grievance and disciplinary procedures set out in a code of practice, a local authority may revoke the registration of a civil defence volunteer.

(4) A...