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

Can I put it this way? I will withdraw the amendment if the Department at least opens its mind to the possibility that it is a good idea to extend the powers of search to vehicles that are under the control of somebody. Under this provision, you can search. This is not a sort of specious thing. Section 10 reads:
10. (1) This section applies where a member who is in—
(a) a public place, or
(b) any other place under a power of entry authorised by law
[...]
has reasonable grounds to suspect that an offence specified in Schedule 1 has been, is being or is about to be committed.
In those circumstances, the member can instruct the person who is driving the car to stop it and they can then search it. What I would say is that if there is nobody in charge of it, it is not in motion and it is just standing on a street, why not give the Garda the right to look in that vehicle rather than in the restricted circumstances described in section 10? I ask the Department to take a look at it and ask if this is an unintended loophole in the law. Is it reasonable to say that, as long it is being driven and stopped, it can be searched, but if it is just stationary and there is no person apparently in charge of the car, it cannot be searched under this provision? Is that a sensible loophole to leave in the law?

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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