Garda Síochána (Powers) Bill 2026: Second Stage Seanad Éireann — 2026-02-04 ============================================================ Nicole Ryan (SF), Administrative Panel Sinn Féin recognises the importance of this legislation. The Bill seeks to codify Garda powers of stop and search, arrest, detention, searches and seizures, which is something that should have been done many years ago. The Commission on the Future of Policing in Ireland made this recommendation back in 2018, yet we are only debating this legislation eight years later. This delay speaks volumes about how slowly justice reform moves in this State. Clarity in policing powers is not a luxury, but essential. Clear, transparent and legally robust powers protect the public and gardaí and underpin trust in policing. In this regard, Sinn Féin welcomes the codification of powers that were previously scattered across more than a dozen separate pieces of legislation and replaces them with clearer, more coherent provisions. We also welcome the placing on a statutory footing of the right to consult a solicitor before and during Garda questioning, and the move towards the electronic recording of interviews. These are long overdue reforms that strengthen due process and protect suspects and Garda members. This Bill is necessary, but it is not without flaws. I am sure the Minister knows this, given how he has mentioned that he will table amendments on Committee Stage. When we talk about Garda powers, we must always talk about oversight and accountability. The Commission on the Future of Policing in Ireland was clear that stronger powers must be matched by stronger accountability. New oversight structures are now in place, including the Policing and Community Safety Authority, PCSA, which became operational in 2025, and Fiosrú, which replaced the Garda Síochána Ombudsman Commission, GSOC. The PCSA's first assessment of An Garda Síochána, published in December, raised deeply concerning issues, particularly around recruitment and retention, the lack of an effective performance management system, delays in introducing in-career vetting and drug testing, and serious inconsistencies in how domestic violence cases were handled in Garda divisions. Against this backdrop, it is essential that the PCSA rigorously monitor the use of the expanded stop and search powers and arrest powers provided for in this Bill. Codifying Garda powers is only half the job; ensuring they are exercised consistently, proportionately and lawfully is the other half. The most serious concern we have with the Bill relates to journalistic privilege. Despite recent Supreme Court and EU case law, the Bill fails to explicitly recognise the right of journalists to protect their confidential sources. The Supreme Court was unequivocal in Corcoran v. Commissioner of An Garda Síochána in 2023. Mr. Justice Hogan stated clearly that the "general protection of sources is integral to a free press" and that without that protection, journalists could not reasonably be expected to hold power to account in the manner required by Article 40.6.1° of the Constitution. Similarly, the Court of Justice of the European Union in the Landeck judgment made clear that prior independent authorisation was required before accessing personal data on electronic devices. Under the Bill, however, gardaí may obtain search warrants without the District Court being explicitly empowered to consider journalistic privilege before granting the warrant. In many other jurisdictions, including the North, courts are required to determine whether journalistic privilege applies in advance, not after the damage is done. The Bill must be amended to explicitly recognise journalistic privilege in statute, require a court hearing on privilege before a warrant is granted, and empower the District Court to fully consider source protection at the point of application. Anything less risks chilling investigative journalism and undermining press freedom in this State. The Second Stage debate on the Bill also provides an opportunity to speak about the broader reality facing An Garda Síochána. Communities across the State are experiencing reduced Garda visibility, fewer community gardaí, and stretched resources, particularly in rural areas. Response times are increasing and Garda morale is under severe strain. Sinn Féin has consistently raised the recruitment and retention crisis in An Garda Síochána. Last autumn, our justice spokesperson, Deputy Matt Carthy, published a comprehensive set of proposals to address this crisis. These included increasing the Garda training allowance to the equivalent of the minimum wage, expanding capacity at the Garda Training College, introducing a return-to-policing grant, allowing faster progression up the pay scale and other measures. These are practical, achievable measures that would stabilise Garda numbers, reduce over-reliance on overtime, and improve community safety. Sinn Féin welcomes the long-overdue codification of Garda powers in the Bill, but ours is not uncritical support. The legislation must be strengthened on Committee Stage, particularly regarding journalistic privilege and oversight. Garda powers must be exercised in a framework that robustly protects constitutional rights, press freedom and public confidence in policing. We will engage constructively on the Bill but we will seek meaningful amendments on Committee Stage because effective policing and civil liberties are not opposing values. Rather, they depend on each other. --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-02-04/debate/main Retrieved: 2026-08-14T04:54:35+00:00 Sitting date: 2026-02-04