Garda Síochána (Powers) Bill 2026: Committee Stage (Resumed)
Seanad Éireann — 2026-06-10
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Michael McDowell (IND), National University of Ireland

The Minister might perhaps enlighten me a little bit on this. I note this section is part of Part 2 of the Bill, which is headed "STOP AND SEARCH". Section 8 itself does not actually require that the stop and search power be exercised in a public place as a precondition to a member of An Garda Síochána making the demand for information provided for under section 8. I am slightly worried, I have to say, that it would enable a member of An Garda Síochána on private property to start asking people for their names and addresses, and make it an offence under section 15(a) to either not give a name or address or, alternatively, give a misleading address or whatever. Would the Minister care to comment on whether this power to demand the name and address of someone who is suspected of having committed an offence should be somehow circumscribed to situations where that person is in a public place, and that it cannot happen in a private home or another place? The definition of "public place" in the Act is fairly generous because it would include most dancehalls, for example, Copper Face Jacks - you name it, it would cover them all. However, I am concerned with people who are not in a public place within the definition of this Act. It seems to give an unlimited power to members of An Garda Síochána to demand a person's name and address and age if a garda believes or suspects on reasonable grounds that he or she has committed an offence. I find that a worrying power. Is the term "offence" limited? Offences can mean a lot of things. Should the fact that a person might have in the past committed an offence make him or her liable, no matter where he or she is or in what circumstance, to a demand that he or she give his or her name, address and age to a member of An Garda Síochána on the hazard that if he or she does not do so or does so in a misleading way, he or she commits an offence under this Act? It seems to me that this power is located in a stop and search part of the Act but it is not located in its terms to being exercised in any particular place at all. I am not asking the Minister because I have not put an amendment down, but would he consider, at the very least, between now and Report Stage that the almost universal application of this section should be controlled to some extent rather than simply giving gardaí the right to demand the name, address and date of birth of anybody they have reasonable grounds to suspect has committed any offence, whatever the offence committed? It seems to me it is too broad.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-06-10/debate/main
Retrieved: 2026-08-14T04:55:02+00:00
Sitting date: 2026-06-10