Garda Síochána (Powers) Bill 2026: Committee Stage (Resumed)
Seanad Éireann — 2026-06-10
============================================================

Lynn Ruane (IND), University of Dublin

I move amendment No. 19:
In page 10, between lines 32 and 33, to insert the following:
“(1) The following shall not be considered reasonable grounds to conduct a search of a person under section 9 or 10 —
(a) the age of the person;
(b) the race or ethnicity of the person;
(c) the clothing the person is wearing;
(d) the type of vehicle the person is driving.”.
I welcome the new Minister of State to the Chamber. Amendments Nos. 19 and 20 are grouped together. Amendment No. 19 includes a new subsection to prevent the targeted misuse of stop and search powers by An Garda Síochána under the Bill. As noted in an earlier contribution on stop and search, we are hugely concerned that the Bill, as drafted, provides a vast legislative basis for the use of these invasive powers that risk facilitating discriminatory enforcement by the Garda.
Amendment No. 19 inserts a new subsection that would set out circumstances that would not provide grounds for a member of An Garda Síochána to undertake stop and search of an individual. This amendment would ensure an individual could not be subject to indiscriminate search by gardaí because of their age, race, ethnicity, the clothes they are wearing or the type of vehicle they are driving. The Garda Inspectorate has previously advised of the concern expressed by all ranks of An Garda Síochána regarding the widespread use of drug-related stop and search powers to search people for other suspected offences. Gardaí have also noted that these stops and searches can be a stain on a person's character, as they are recorded on the PULSE system even in circumstances where no drugs are found on the person. As already noted, it has been demonstrated in Ireland that the courts are usually quite deferential to the legal thresholds for police searches set out by the Oireachtas, meaning that the Garda currently has wide discretion to exercise its stop and search powers. We must ensure that with the expansion of its powers under this Bill, people are adequately safeguarded from invasive, targeted and discriminatory policing by the Garda.
Amendment No. 20 seeks to introduce four new subsections that would safeguard individuals who are subject to invasive searches where the removal of items of clothing is required by An Garda Síochána. The removal of clothing during a search by gardaí is currently primarily governed by a 1987 ministerial regulation under the criminal justice Act. We think it is imperative that these legislative safeguards are included in primary legislation, and this amendment would have this effect.
The Minister of State will recall, I hope, the vigil that took place outside the gates of Leinster House just over a year ago, organised by Mothers Against Genocide. There was a very heavy-handed response at the time to this peaceful protest, which saw a number of participants arrested and subjected to strip searches at Garda stations. We wrote to the Minister at the time expressing significant concern about the heavy-handed response to the vigil but, perhaps more importantly, the extent of the invasiveness of the subsequent searches the activists were subjected to.
Strip searches involve a profound intrusion into a person's right to privacy and dignity. International human rights frameworks generally require that such searches take place only where they are necessary and proportionate and where they are conducted with respect for the individual's bodily integrity. It is imperative that we provide protection in our primary legislation that will govern stop and search by gardaí, in addition to the treatment of persons in Garda custody, to uphold individual rights that are only ever compromised where necessity and proportionality are well established.
Our amendment provides that a search that requires the removal of clothing other than a person's outer garments can only be undertaken with the authorisation of a member of at least the rank of inspector, ensuring an additional layer of oversight in regard to intimate searches. Additionally, such a search could only be authorised where a suspected relevant article could not be located on the person without the removal of their clothing. Finally, we provide that where a search requiring the removal of clothing is required, a member of the opposite sex shall not be present while the search is being undertaken. The wording of this amendment closely mirrors the provisions of the relevant ministerial regulation governing the removal of clothing during searches by gardaí and, with this in mind, we hope the Minister of State will consider accepting this as we feel it is a sensible and prudent proposal that is in line with other ministerial regulations.

---

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/2026-06-10/debate/main
Retrieved: 2026-08-14T04:55:02+00:00
Sitting date: 2026-06-10