Garda Síochána (Police Co-Operation) Act, 2003

• Jurisdiction: Ireland
• Citation: IR No. 19/2003

Number 19 of 2003
GARDA SÍOCHÁNA (POLICE CO-OPERATION) ACT 2003
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Appointment of members of Police Service of Northern Ireland to certain ranks in Garda Síochána. 3. Secondment from Police Service of Northern Ireland to certain ranks in Garda Síochána. 4. Secondment from Garda Síochána to Police Service of Northern Ireland. 5. Breach of discipline by seconded member of Garda Síochána. 6. Breach of discipline by seconded member of Police Service of Northern Ireland. 7. Regulations. 8. Laying of regulations before each House of the Oireachtas. 9. Short title, collective citation, construction and commencement.
SCHEDULE
Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on Police Co-Operation, done at Belfast on 29 April 2002
Acts Referred to
Garda Síochána (Complaints) Act 1986 1986, No. 29 Garda Síochána Act 1924 1924, No. 25 Garda Síochána Acts 1923 to 1989 Garda Síochána Compensation Acts 1941 and 1945 Police Forces Amalgamation Act 1925 1925, No. 7
Number 19 of 2003
GARDA SÍOCHÁNA (POLICE CO-OPERATION) ACT 2003
AN ACT TO MAKE PROVISION, IN ACCORDANCE WITH THE AGREEMENT BETWEEN THE GOVERNMENT OF IRELAND AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND ON POLICE CO-OPERATION, DONE AT BELFAST ON 29 APRIL 2002, IN RELATION TO THE APPOINTMENT AND SECONDMENT OF MEMBERS OF THE POLICE SERVICE OF NORTHERN IRELAND TO SUCH RANKS IN THE GARDA SÍOCHÁNA AS MAY BE PRESCRIBED, THE SECONDMENT OF MEMBERS OF THE GARDA SÍOCHÁNA TO THAT SERVICE AND OTHER CONNECTED MATTERS. [24th June, 2003]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act, unless the context otherwise requires—
	“1924 Act” means the Garda Síochána Act 1924;
	“1925 Act” means the Police Forces Amalgamation Act 1925 ;
	“1986 Act” means the Garda Síochána (Complaints) Act 1986;
	“Acts” means the Garda Síochána Acts 1923 to 1989;
	“Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;
	“Commissioner” means the Commissioner of the Garda Síochána;
	“Disciplinary Regulations” means the Garda Síochána (Discipline) Regulations 1989 ( S.I. No. 94 of 1989 );
	“Minister” means the Minister for Justice, Equality and Law Reform;
	“prescribed” means prescribed by regulations made by the Minister under section 7 .
	(2) In this Act—
	(a) a reference to a section is to a section of this Act,
	(b) a reference to a paragraph is to the paragraph of the provision in which the reference occurs, and
	(c) a reference to an enactment is to that enactment as amended by or under any other enactment, including this Act.
	(3) The text of the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on Police Co-operation, done at Belfast on 29 April 2002, is set out in the Schedule to this Act for convenience of reference.
	Appointment of members of Police Service of Northern Ireland to certain ranks in Garda Síochána.	2.—(1) The Government may appoint members of the Police Service of Northern Ireland to such ranks in the Garda Síochána not below superintendent as may be prescribed.
	(2) The number or proportion of vacancies in each rank to which such members may be appointed may also be prescribed.
	(3) In determining the eligibility of a member of the Police Service of Northern Ireland to apply for appointment to a rank in the Garda Síochána under this section, appropriate recognition shall be given to the rank, experience and qualifications that would be required for appointment to an equivalent rank in the Police Service of Northern Ireland.
	(4) Such a member shall compete in a merit-based selection procedure with the other applicants for appointment to the rank in the Garda Síochána concerned.
	Secondment from Police Service of Northern Ireland to certain ranks in Garda Síochána.	3.—(1) Subject to subsection (2), the Commissioner may, at the request of the Chief Constable—
	(a) appoint a member of the Police Service of Northern Ireland to a rank in the Garda Síochána not above that of inspector for a period not exceeding 3 years, or
	(b) request the Government to appoint such a member to a rank in the Garda Síochána not below that of superintendent for such a period, and the Government may do so.
	(2) The ranks in the Garda Síochána to which such members may be appointed under this section and the number of such members to be so appointed may be prescribed.
	(3) A person appointed under this section shall, during the appointment—
	(a) be under the direction and control of the Commissioner, and
	(b) subject to subsection (4), have the powers, duties, rights and obligations of a member of the Garda Síochána of the rank to which he or she was appointed.
	(4) The following provisions do not apply in relation to a person appointed under this section:
	(a) sections 10 and 11 of the 1924 Act,
	(b) the 1925 Act and regulations under it, other than regulations relating to the matters specified in paragraphs (c), (d) and (f) of section 14(1) of that Act, and
	(c) the Garda Síochána Compensation Acts 1941 and 1945.
	(5) The Commissioner or the Government, as the case may be, may terminate an appointment under this section.
	Secondment from Garda Síochána to Police Service of Northern Ireland.	4.—(1) The Commissioner may, on application by a member of the Garda Síochána, arrange with the Chief Constable for the member's secondment to the Police Service of Northern Ireland for a period not exceeding 3 years.
	(2) The Commissioner may terminate any such secondment.
	(3) During the period of secondment—
	(a) the member shall continue to be paid as a member of the Garda Síochána, but shall not be subject to the direction or control of the Commissioner or be entitled to exercise in the State any of such a member's powers,
	(b) the member's service shall be regarded as service with the Garda Síochána for pension, promotion and seniority purposes, and
	(c) the member shall be entitled to claim compensation under the Garda Síochána Compensation Acts 1941 and 1945 for malicious injuries received in the course of or in relation to the performance of his or her duties with the Police Service of Northern Ireland as if he or she had not been seconded and the injuries had been received in the course of or in relation to the performance of his or her duties as a member of the Garda Síochána.
	(4) The number and rank of members of the Garda Síochána who may be seconded under this section may be prescribed.
	Breach of discipline by seconded member of Garda Síochána.	5.—(1) A member of the Garda Síochána who, while on secondment to the Police Service of Northern Ireland, does any act which, if done by a member of that Service, would constitute a breach of discipline is liable, on the expiration or termination of the period of secondment, to disciplinary action by the Commissioner or the Government, as appropriate, in respect of the breach.
	(2) Disciplinary action under subsection (1) may be based on—
	(a) a finding, under the law and procedure for the time being applicable in relation to the investigation of breaches of discipline by members of the Police Service of Northern Ireland, that the member of the Garda Síochána concerned is in breach of discipline.
	(b) a decision on any appeal against, or review of, the finding,
	(c) any relevant court proceedings, and
	(d) any related documents.
	(3) Before taking any such disciplinary action the Commissioner or Government shall—
	(a) send a copy of the findings to the member, and
	(b) give the member an opportunity, within a specified period, to show cause why the action should not be taken against him or her.
	(4) Within 21 days of—
	(a) receiving the decision of the Commissioner on the cause shown, or
	(b) if cause is not shown before the expiration of the specified period, the expiration of that period,
	the member may apply to the Appeal Board for a review of the disciplinary action concerned.
	(5) The Appeal Board shall recommend to the Commissioner that the disciplinary action be affirmed, varied or set aside.
	(6) The procedure under the Disciplinary Regulations for making and dealing with applications to the Appeal Board for review of decisions of the Commissioner in relation to disciplinary action shall apply, with the necessary modifications, in relation to applications for review under this section.
	(7) Subject to subsection (6), the Disciplinary Regulations do not apply in respect of a breach of discipline referred to in subsection (1).
	(8) In any proceedings a document purporting to be—
	(a) a finding or decision mentioned in subsection (2) shall be evidence, until the contrary is shown, of the finding or decision, or
	(b) a report of court proceedings, or a related document, mentioned in that subsection shall be evidence, until the contrary is shown, of the matters referred to in the report or that document.
	(9) In this section—
	“Appeal Board” has the meaning given to it in the Disciplinary Regulations;
	“disciplinary action” means one of the following actions:
	(a) dismissal;
	(b) requirement to retire or resign as an alternative to dismissal;
	(c) reduction in rank;
	(d) reduction in pay not exceeding in amount 4 weeks' pay;
	(e) reprimand;
	(f) warning;
	(g) caution;
	(h) advice.
	(10) A member of the Garda Síochána to whom subsection (1) applies shall, whether or not the period of secondment has expired or been terminated, co-operate with any investigation referred to in...