Garda Síochána (Powers) Bill 2026: Committee Stage (Resumed)
Seanad Éireann — 2026-06-10
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Cathal Byrne (FG), Cultural and Educational Panel

Senators Ruane and McDowell spoke about the situation where a car is stopped by a member of An Garda Síochána. Let us say that there are four occupants in the car and it is searched. With the way the Bill is currently drafted, the garda will request the occupants' names, addresses and dates of birth. If they fail to comply with that instruction, it will be an offence, under section 15 in Part 2, to fail "to comply with a requirement of a member acting under the powers conferred by this Part". Senator Ruane spoke about how the individuals in that car will now have their records kept on the PULSE system, and these are people on whom nothing was found in this instance. There were no drugs, knives, guns or anything consequential. In the ordinary course of action, they would be permitted to continue on their way. However, if we insert this amendment as it is currently constituted, we will place an onus on the member of An Garda Síochána to go out and record their nationality, gender, place of birth, occupation and religion. These are people who find themselves in a situation where they are getting searched, but they could now also find themselves being asked about their nationality, gender, place of birth, occupation and religion.
If we insert amendment No. 26 b into the Bill, it will become a requirement for the garda who carries out the search to ask these questions. A failure to comply with the requirement of a garda will carry the maximum penalty of 12 months' imprisonment on summary conviction, or on conviction on indictment a maximum fine of €30,000 or imprisonment for a term not exceeding five years. I suggest that in such a situation, the garda should not take the people out of the car and start going through these requirements line by line. Instead, the garda should simply say, "Thanks for stopping, now go on your way", and they could move on. I have massive concerns that a member of An Garda Síochána, who carries out a search on people who will not be prosecuted or found guilty of carrying out any offence, will still be obliged to record their gender, nationality, place of birth, occupation and religion. In a Bill that is seeking to streamline, modernise and reform the powers of An Garda Síochána to make the jobs of individual gardaí out on our streets and out on the beat stopping people and vehicles easier, this will create a disproportionate real-world barrier to the very thing we are trying to achieve. It does not make sense that simply because an individual has been searched, they will be required to give over all this information to the gardaí in circumstances where they have not carried out any offences.
I appreciate and understand the rationale and points that Senators Ruane, McDowell and others are making. I am particularly conscious that people are innocent until proven guilty. It seems a disproportionate barrier to place on people who have not committed any offence that this information could be demanded from them simply because they are a passenger in a car that got stopped. This does not seem proportionate or practical either. The gardaí should not be doing that.

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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