Garda Síochána (Powers) Bill 2026: Committee Stage (Resumed)
Seanad Éireann — 2026-05-26
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Sarah O'Reilly (AON), Agricultural Panel

I move amendment No. 3:
In page 6, between lines 34 and 35, to insert the following:
“ “journalistic privilege” means the right of a journalist to protect the confidentiality of sources and unpublished journalistic material in accordance with Article 10 of the European Convention on Human Rights;”.
I thank Senators Boyhan and Clonan for co-signing these amendments. I understand Senator Keogan will also be speaking in support of them. It is essential to insert a definition of "journalistic privilege" into the Bill. At first glance, this may appear to be a technical drafting amendment but, in reality, it goes to the very heart of democracy and the protection of freedom of the press in this State. Journalistic privilege is not some special favour granted to reporters. It is a long-recognised democratic safeguard that protects the ability of journalists to receive information from confidential sources without fear that those sources will later be exposed. Without that protection, many stories of enormous public importance would never come to light. Rather than exposing corruption, wrongdoing, abuse of power or institutional failure, potential whistleblowers would simply remain silent.
The Irish courts have repeatedly recognised this principle. In the landmark case taken by the Mahon tribunal against The Irish Times in 2009, the Supreme Court recognised for the first time that journalists enjoy a right under Irish law to protect confidential sources. More recently, Irish courts have repeatedly affirmed the importance of Article 10 of the European Convention on Human Rights and the central role the protection of sources plays in a functional democracy.
This amendment simply puts this principle clearly into legislation. It provides clarity not only to journalists, but to gardaí. If we are to grant extensive powers of search, seizure and digital access under this legislation, we have a duty to ensure strong safeguards exist where press freedom may be affected. The stronger the powers of the State become, the stronger the protections for civil liberties must become. I urge the Minister and the Government to accept this amendment. Doing so would strengthen the Bill, reduce legal uncertainty and demonstrate that this House takes seriously both freedom of expression and the essential role investigative journalism plays in a democracy.

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Retrieved: 2026-08-14T04:54:59+00:00
Sitting date: 2026-05-26