Policing, Security and Community Safety Act 2024

Representative associations

59. (1) Subject to section 252 (2), the Minister may make regulations providing for the establishment of one or more than one association, for all or any one or more than one of the ranks of An Garda Síochána below the rank of Assistant Garda Commissioner, for the purpose of representing members of An Garda Síochána in all matters affecting their welfare and efficiency (including pay, pensions and conditions of service).

(2) An association established in accordance with subsection (1)

(a) shall be independent of, and not associated with, any person or body outside An Garda Síochána, and

(b) without prejudice to paragraph (a), may employ persons who are not members of An Garda Síochána.

(3) A member of An Garda Síochána shall not be or become a member of any trade union or association, other than an association established in accordance with subsection (1), any object of which is to control or influence the pay, pensions or conditions of service of An Garda Síochána.

(4) Where any question arises regarding whether any body or association is a trade union or association to which subsection (3) applies, the question shall be determined by the Minister whose determination shall be final.

(5) The Minister may, notwithstanding subsection (2), authorise in writing an association established in accordance with subsection (1) to be associated with a person or body outside An Garda Síochána in such cases and in such manner and subject to such conditions or restrictions as he or she may specify.

(6) The Minister may vary or withdraw an authorisation under subsection (5).

(7) An association established in accordance with subsection (1) for the purpose of representing members of An Garda Síochána holding the rank of garda may include a trainee and a person deemed to have been admitted as a trainee under section 53 (3) as a trainee.

(8) A reference in this Act to an association established in accordance with subsection (1) shall be construed as including a reference to—

(a) an association established under section 18(1) of the Act of 2005,

(b) an association established under section 14 of the Police Forces Amalgamation Act 1925 , and

(c) an association established under section 13 of the Garda Síochána Act 1924 .