Policing, Security and Community Safety Act 2024

Memorandum of understanding

148. (1) The Authority and the Garda Commissioner shall, not later than 3 months after the coming into operation of this section, agree a memorandum of understanding concerning the conduct of inspections, including the manner in which the powers of an inspector of policing services under section 147 may be exercised, in order to ensure that inspections—

(a) are carried out in an efficient and effective manner,

(b) do not adversely affect the performance by An Garda Síochána of its functions,

(c) do not jeopardise criminal investigations or prosecutions, and

(d) do not prejudice the safekeeping of a person in legal custody.

(2) Without prejudice to the generality of subsection (1), a memorandum of understanding may make provision in relation to the manner in which the powers of an inspector of policing services under section 147 may be exercised, including for—

(a) the manner in which visits, including unannounced visits, may be conducted at a relevant location,

(b) the members of staff of the Authority or persons under contract with, or engaged by, the Authority pursuant to section 132 (1) who may assist inspectors when exercising a power under section 147 ,

(c) the manner in which information and documents held at a relevant location that are required for the purposes of the inspection may be provided, produced or otherwise made available, or

(d) the manner in which the removal from a relevant location of copies of documents provided, produced or otherwise made available, or the taking of possession of such documents and their removal for the purposes of an inspection, may be facilitated.

(3) The Authority and the Garda Commissioner shall keep under review the operation of a memorandum of understanding agreed under this section and may agree such amendments or revocations to the memorandum as appear to them to be necessary or desirable.