Garda Síochána (Powers) Bill 2026: Committee Stage (Resumed)
Seanad Éireann — 2026-06-10
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Jim O'Callaghan (FF), Dublin Bay South

We are dealing here with amendment No. 14.
It is an amendment that is unnecessary because the power in section 9 already operates in a comprehensive manner across both persons and vehicles and necessarily extends to items in a person's possession or control at the time of a lawful stop and search. Luggage and similar containers encountered in that context are already capable of being searched under the existing stop and search framework depending on whether they are on the person on in a vehicle being searched. The insertion proposed by Senator McDowell risks introducing unnecessary specificity into the provision by enumerating particular items such as luggage and wheeled carriers. There is a risk of equivalent items that are not listed being interpreted as falling outside the scope of the power. The Bill is deliberated drafted in broad terms to ensure the search power is technology-neutral and adaptable to a wide range of real-world scenarios.
While section 9 governs the powers required to stop and search a person and items in their immediate possession or control, unattended property, luggage or containers found in a public place fall under a separate legal framework regarding the examination of property found in public places. Because of that I cannot accept this amendment.
Amendment No. 15 is a result of an amendment not being accepted. The existing wording already allows the exercise of one or both search powers and provides sufficient operational flexibility. As the proposed expansion of search powers is not necessary no change to the language is required so I cannot and will not accept amendments Nos. 14 and 15.

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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