Garda Síochána (Powers) Bill 2026: Committee Stage (Resumed)
Seanad Éireann — 2026-05-26
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Jim O'Callaghan (FF), Dublin Bay South

I thank Senator Ruane for her amendment. Before dealing with her amendment, I advise the committee of my intention to bring forward amendments on Report Stage. These will primarily provide for the repeal of existing overlapping statutory search warrant provisions to ensure alignment with the broader body of legislation. I also highlight that some amendments may be necessary to address technical drafting issues, as may be agreed between myself and the Attorney General's office for Part 5, concerning persons in Garda custody.
I will now deal specifically with Senator Ruane's amendment, which seeks to remove a section of the definition of Garda custody facility. The definition at present provides that a "Garda custody facility" means a station or other place at which a person may be held while in the custody of An Garda Síochána. Senator Ruane wants to take out the latter part of the definition beyond "station" and replace it with "vehicle". Replacing "other place" with the limited term of "vehicle" would unduly restrict lawful custody.
Senator Ruane has asked for examples of what type of scenario I am talking about. It is important to note that suspects are frequently detained outside Garda stations for reasons unrelated to transit, as Garda custody extends beyond stations and vehicles. For example, individuals requiring medical attention are held under Garda custody within hospital emergency departments. Detainees may also be held in courthouse holding cells or dedicated airport processing facilities. The current wording is therefore necessary to ensure custody operations safely adapt to practical requirements. For that reason, I am unable to support the amendment. There is a benefit in having a broad definition of any "other place" at which a person may be held while in the custody of An Garda Síochána. They obviously still have to be lawfully within the custody of An Garda Síochána. As my examples have illustrated, however, that could be in hospital, in a courthouse or in dedicated airport processing facilities.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-05-26/debate/main
Retrieved: 2026-08-14T04:54:59+00:00
Sitting date: 2026-05-26