08-05-2025
Garda oversight faced ‘unprecedented' lapse amid 'significant risk' warning
The Department of Justice only maintained Garda oversight during the new Policing Act's launch after the Policing Authority called ending it 'unprecedented, extraordinary and impolitic'.
Last year, the government passed the Policing, Security and Community Safety Act, which was to disband the Policing Authority (PA) and replace it with the Policing and Community Safety Authority (PCSA).
The PA was the civilian oversight body for An Garda Síochána, and the PCSA would have the same responsibilities to monitor the force. Pic: Karl M Photography/Shutterstock
However, the Act was not set to be commenced until after the election and the formation of a new government.
The general election took place on November 29, and government formation talks had not concluded by the time Elaine Byrne, chair of the PA, wrote to the then Justice Minister Helen McEntee on December 12.
Ms Byrne noted that the PSCA Act was not set to be commenced until March 1, 2025. However, she pointed out that the terms of the members of the PA were set to expire on December 31, 2024, before the new body was set to officially be established and continue to provide oversight of the gardaí.
Ms Byrne wrote to Ms McEntee expressing her concerns at this gap emerging and said she had been informed that 'consideration was being given' to the PCSA operating in a 'shadow capacity' until the legislation was formally commenced.
She wrote: 'I am gravely concerned by the option being considered to not extend the current [Policing] Authority members' terms. Elaine Byrne. Pic: Leah Farrell / ©
'In essence, this ends the ability of the Authority to fulfil any of its statutory functions under the Garda Síochána Act 2005 (as amended).'
Ms Byrne said this posed 'significant risks for the public accountability of Irish policing', adding: 'As a consequence of the proposed decision, there would be no independent, civilian oversight of the Garda Síochána for an undetermined period of time.'
Ms Byrne said this was 'wholly unsatisfactory and unacceptable', adding: 'In my view, it is unprecedented, extraordinary and impolitic that a Minister for Justice would make a decision to end civilian oversight of the Garda Síochána for an undefined time.
'As you are aware, policing issues that significantly impact on public confidence can happen at any time.
'A decision not to continue with the Authority until the PCSA can be commenced would be a highly unusual and injudicious option to choose. It is fraught with risk and unnecessary in the context that there is an option to have continued oversight for a short period until such time as the Act is commenced.' Elaine Byrne. Pic: Leah Farrell / ©
She said the proposal to have the PCSA operate in a shadow capacity was 'not tenable'.
Ms Byrne acknowledged the timing of the election had impacted on the department's plans, but said this was foreseeable.
'The drift of the commencement date across the course of 2024 has, disappointingly, rendered the current impasse almost inevitable,' she wrote.
A Department of Justice spokesman said: 'At its meeting on December 19, 2024, the Government reappointed the chair and ordinary members of the Policing Authority for a period of no longer than six months, with effect from January 1, 2025.
'Minister McEntee wrote to the Authority members individually to confirm their reappointments thereafter.
These appointments effectively ended on April 2, 2025, when [Justice] Minister [Jim] O'Callaghan commenced the Policing, Security and Community Safety Act 2024, which provided for the establishment of An tÚdarás Póilíneachta agus Sábháilteachta Pobail [the PCSA] and the dissolution of the Policing Authority.'
