Garda Síochána (Powers) Bill 2026: Committee Stage (Resumed)
Seanad Éireann — 2026-06-10
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Lynn Ruane (IND), University of Dublin

I move amendment No. 22:
In page 11, between lines 27 and 28, to insert the following:
“(c) the consequences of failing to comply with the search;
(d) the right to an interpreter to understand the reasons for the search, if the person so requires.”.
Section 12 sets out the right of a person to be informed of the reasons for a stop and search by a member of the Garda. It is welcome that the Bill includes provisions on that right but we are of the view that the section could be strengthened by the additions in amendment No. 22. The section as drafted provides that a member shall inform the person subject to a stop and search in simple, accessible language that: first, the person or their vehicle is about to be searched; second, the reason for the search; and, third, the legislation under which the search is being carried out.
Amendment No. 22 proposes two additions: that the member would advise the person subject to the search of the consequence if he or she fails to comply with the search, and that the person would be informed of his or her right to an interpreter if an interpreter is so required. This amendment would help to assert the rights of individuals subject to stop and search by An Garda Síochána. Regarding a person's understanding of the consequences of non-compliance, this provision would help to prevent the potential escalation of stop and search leading to unnecessary arrest for a potential public order offence.
Regarding access to interpretation, we must recognise that An Garda Síochána interacts with a broad spectrum of people who live and spend time in Ireland and that language difficulties could pose significant barriers to a person being informed of and understanding his or her rights under this Bill. We believe that where language barriers exist, An Garda Síochána should take every step to ensure that the person has access to a translator or translation service so that he or she can understand the context of his or her person or vehicle being searched. These are sensible additions that would serve to uphold and vindicate the rights of people who are subject to stop and search and we hope the Minister of State will consider them favourably.
On reducing the potential for an increased number of convictions in one instance, often somebody could be stopped and searched for one particular reason resulting in potentially one particular prosecution if he or she is found to be in breach of some sort of law. Where there is miscommunication, a lack of information or confusion about what is happening or a lack of understanding of the consequence of refusing the stop and search under whatever law is involved, it can increase the number of charges received in what would have been one single incident. As that number increases, whether that be failing to comply or other public order offences, all of a sudden, in one interaction, the number of potential charges can go up depending on how that interaction goes. We obviously know the consequence of that. If someone receives one conviction, it stays on his or her record for seven years but once he or she receives more than one, it stays on his or her record forever. When gardaí are interacting with the public or somebody they suspect of doing something, this amendment aims to bring about being able to do so in a way that reduces the harm that could be caused through that interaction.

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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