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

I want to speak to amendment No. 31, which the Minister said was not necessary. The amendment seeks to introduce an inter partes hearing where a search warrant is being sought in relation to journalistic material or material capable of identifying a confidential source. In plain language, this means that where the State wishes to search a journalist's home, workplace, phone or files, the journalist or media company employing them should, wherever possible, have the opportunity to be represented before the warrant is granted. At present, the Bill largely maintains an ex parte process where only one side is before the court. The concern with that approach is obvious. A judge may hear extensive arguments in favour of disclosure without hearing any argument at all from the other side. The Minister described that earlier. The Northern Irish Fine Point Films case dealt directly with this issue. In that case, the court made clear that inter partes hearings are an important safeguard in protecting journalistic privilege under Article 10 of the European Convention on Human Rights.
The amendment also recognises that there may be genuinely exceptional cases where an ex parte hearing is necessary, but in those circumstances it requires the applicant to fully inform the court of the constitutional protections attaching to freedom of expression and freedom of the press. This amendment would strengthen the legitimacy and constitutionality of Garda powers, and would also bring Irish practice closer to best international standards in protecting journalistic freedom.

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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