2 April 2025 — The Irish Council for Civil Liberties (ICCL) broadly welcomes the long-awaited commencement of the Policing, Security and Community Safety Act 2024 today. The Act was intended to implement the recommendations of the Commission on the Future of Policing in Ireland (CoFPI) including by:
- Codifying the protection and vindication of human rights as a function of Irish policing, including with specific reference to Gardaí’s public sector duty under section 42 of the Irish Human Rights and Equality Commission Act 2014;
- Amalgamating the Policing Authority and the Garda Síochána Inspectorate to a new Policing and Community Safety Authority, with powers to carry out inspections, promote policing standards, scrutinise policing performance, engage in research, and foster and monitor inter-agency cooperation in the delivery of community safety;
- Replacing the Garda Síochána Ombudsman Commission (GSOC) with Fiosrú (Office of the Police Ombudsman) to receive and independently investigate claims of police misconduct or breaches of discipline; and
- Establishing the new office of the Independent Examiner of Security Legislation to review laws related to national security.
While welcoming the Act, ICCL cautions that it only partially implements the root and branch reforms recommended by CoFPI. ICCL’s 2024 report, “Human Rights in Irish Policing”, found a number of shortcomings and gaps in the legislation, in particular related to transparency and accountability.
Oversight is a particular concern. Fiosrú’s independence is jeopardised by provisions impeding on the Police Ombudsman’s authority. The Act does not grant the Independent Examiner unfettered access to information. The Policing Authority and GSOC have both previously expressed concern that national security has frequently been used to deny oversight bodies access to information. Effective oversight is essential for maintaining the momentum and continuity of human rights-based reforms in a democratic society.
CoFPI’s recommendation to remove the prosecutorial powers of An Garda Síochána for non-serious offences (those with a potential criminal penalty of up to 1 year imprisonment) has not been implemented. Gardaí’s role in both investigating and prosecuting crime is contrary to international best practice and is not seen in other jurisdictions.
Similarly, the recommendation to review the status of An Garda Síochána under the Freedom of Information Act 2014 has not been progressed. This means that public access to Garda records is restricted to just human resources, finances and procurement records. While ICCL acknowledges that some Garda records are confidential, expanding the scope of access would greatly contribute to transparency.
Speaking today, Emily Williams, Policing and Justice Policy Officer, ICCL, said:
“The commencement of the Policing, Security and Community Safety Act marks a milestone for police reform in Ireland. However, as ICCL’s analysis shows, the Act does not fully implement the recommendations of the Commission on the Future of Policing in Ireland. Some recommendations from CoFPI remain unimplemented, including the codification of police powers. The Garda Síochána (Powers) Bill has not progressed since 2021. Government and An Garda Síochána must continue to take action to embrace a human rights-based approach to policing”.
Claire Mc Evoy, Acting Co-Director, ICCL, said:
“Ireland has a history of weak governance and oversight of An Garda Síochána, resulting in a litany of scandals over the years. A human rights-based approach to policing is crucial because the Gardaí have a significant impact on our rights to liberty, privacy and bodily integrity when exercising their police powers.
“Moving forward, it is essential that human rights are continuously embedded in policing practice to reduce opportunities for police misconduct and that this is monitored rigorously to ensure accountability.”
ENDS
For media queries: ruth.mccourt@iccl.ie / molly.kavanagh@iccl.ie / 087 415 7162