Garda Síochána (Powers) Bill 2026: Committee Stage (Resumed) Seanad Éireann — 2026-05-26 ============================================================ Michael McDowell (IND), National University of Ireland I move amendment No. 4: In page 8, between lines 27 and 28, to insert the following: "Implementation guidelines 6. (1) The Minister shall make regulations governing the exercise of powers by members of An Garda Síochána in respect of the following matters and those regulations are referred to in this Act as "implementation guidelines": (a) the use of covert human information sources, and (b) the use of covert investigative activities involving the use of pretence or subterfuge with the purpose of facilitating other persons to commit or attempt to commit criminal offences. (2) It shall be the duty of members of An Garda Síochána to comply with the provisions of implementation guidelines made under this section. (3) The Minister shall consult with the Commissioner of An Garda Síochána and with the Policing and Community Safety Authority in relation to implementation guidelines which the Minister proposes to make or amend under this section. (4) Before making regulations for implementation guidelines under this section the Minister shall publish the proposed regulations in draft form and should not make such regulations unless each House of the Oireachtas has passed a resolution approving the proposed regulations in such draft form.". This amendment proposes to require the Minister for justice to make regulations, which will be referred to in the legislation as "implementation guidelines", for the exercise of powers by members of An Garda Síochána in respect of, first, the use of covert human information sources and, second, the use of covert investigative activities involving the use of pretence or subterfuge with the purpose of facilitating other persons to commit or attempt to commit criminal offences. The proposed amendment also provides that it would be the duty of members of An Garda Síochána to comply with the provisions of implementation guidelines that the Minister would make. Prior to making the regulations, the Minister would consult with the Commissioner of An Garda Síochána and with the Policing and Community Safety Authority on the implementation guidelines he proposes to make. The guidelines should be submitted to both Houses of the Oireachtas for approval. Since we are dealing in this legislation with police powers, there is a significant case for the basis on which members of An Garda Síochána can use, for instance, covert human information sources and the use of covert investigative activities involving the use of pretence or subterfuge with the purpose of facilitating other persons to commit or attempt to commit criminal offences to be the subject of publicly understood guidelines by which members of An Garda Síochána would be bound to act. We are giving them significant powers in this legislation. We are doing it - as the Minister said earlier - in response to the Emmett Corcoran case, and other cases. When we look at what happens in the neighbouring jurisdiction in respect of members of their police forces acting covertly, real ethical problems do arise. I refer, for instance, to members of An Garda Síochána infiltrating protest groups and the like, pretending to be part of a movement and creating false alibis for themselves in terms of their identity and the like so that they can internally spy on a movement. I am not against that in every circumstance but there should be guidelines as to when and how it can be done and at what level it can be authorised in An Garda Síochána. For instance, let us take a current example. Let us suppose An Garda Síochána is concerned that the pro-Palestine, pro-Gaza movement in Ireland was being infiltrated by extremists. What steps is it entitled to take to infiltrate the movement with a view to effectively gather intelligence about what it is doing? How far can someone go in infiltration? At what point does it become unlawful to appear to be encouraging other persons to take steps which could give rise to a criminal prosecution? For instance, we know that there have been criminal proceedings in respect to people interfering with certain aeroplanes at Shannon Airport, but is it legitimate for members of An Garda Síochána to pretend to be involved in planning such escapades? If it is necessary, at what level in An Garda Síochána must there be authority for such steps to be taken? It has been uncovered in England that there were some pretty hair-raising activities by infiltrating members of their relevant police forces involving not merely befriending but actually engaging in sexual relations with some members of protest movements. We have no published code in Ireland on such matters. I do not want to rehearse matters that have got quite a deal of publicity, but the difference between being an agent provocateur on the one hand and a credible infiltrator on the other hand is very narrow. At the very least, if those tactics are regarded as necessary I would like to see that there was some ethical code as to how far people could and could not go in creating situations where other people are enabled to take steps which amount to offences. What I am really suggesting here is that it is about time there is a publicly known code, which binds members of An Garda Síochána when using covert investigative techniques not to trespass over the line of entrapment on the one hand or to act as agent provocateurs on the other hand in a manner that breaches what most people would consider to be decent ethical standards of policing. That is the purpose of this amendment. It is a fairly straightforward purpose, but what worries me is that we have examples in the neighbouring jurisdiction of what can and cannot happen in the absence of clear guidelines that are understood and which are enforced at least within An Garda Síochána by a hierarchy of authority that is understood. I remember one particular case where a member of An Garda Síochána was subject to discipline for failing to disclose his source in respect of informers. There did not appear to be at that time, although I believe there are protocols in existence, regulating how far you could go in guaranteeing immunity for persons who are involved in criminality in order to spy on other persons who are equally or more guilty. I refer to those kind of situations. It is with that in view that this amendment has been tendered. It is not demanding that all of these activities stop; it is simply demanding that there are ethical standards beyond which one cannot go, in using covert policing, of an agent provocateur, entrapment or encouragement. The public should be satisfied that members of An Garda Síochána may not cross the line without sanction if they breach what most people would consider decent investigative techniques. I fully understand that the security of the State sometimes requires covert activity by our security forces and that they cannot all the time operate on the basis of utterly transparent engagement with those who are suspected of wrongdoing of a very serious kind. It also seems there is a very strong case for a code of conduct to be laid down by the Minister to ensure people who might not otherwise commit crimes do not find themselves being encouraged by members of An Garda Síochána to do so in order to obtain convictions or intelligence. That is what this amendment is intended to do. --- 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/2026-05-26/debate/main Retrieved: 2026-08-14T04:54:59+00:00 Sitting date: 2026-05-26