Garda Síochána (Powers) Bill 2026: Report and Final Stages
Seanad Éireann — 2026-06-17
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Jim O'Callaghan (FF), Dublin Bay South

I thank Senator McDowell for his amendment and his contribution. It is important to point out there are ten amendments on Report Stage and three hours for them. I am happy to be here for the three hours. It is also important to recall that for the Garda Síochána (Powers) Bill 2026, which I deliberately started in the Seanad, I was here for Second Stage on 4 February and Committee Stage on 14 May, 26 May and 10 June. I have given a lot of time to listening to what Senators have to say in respect of the legislation. The guillotine will not be necessary tonight because I know we will be able to finish ten amendments within three hours. It is unfair to say it has been rushed or railroaded when the Bill has been in the House since 4 February and this is my fifth appearance before the House in respect of the legislation.
Senator McDowell is correct in stating that he highlighted on Committee Stage a concern he had about section 8 of the Bill. His concern was that if the section was read in a particular way, it could imply that a member of An Garda Síochána had authority to stop someone and require them to give their name, address and date of birth, even if they were not lawfully present on the person's premises or elsewhere. At the time I indicated that I thought it was implicit within section 8 that this power could only be exercised in a public place or in a place where a member of An Garda Síochána is lawfully present. However, I did recognise that section 9 contains a not dissimilar power concerning stop and search for possession of a relevant article. The first part of it expressly limited the locations where that power could be exercised to a public place or where the Garda was otherwise lawfully present. I said I would look at it and I have asked officials to look at it. The Senator is correct in stating that I do not have an amendment before the Oireachtas today. Once I get the advice from officials and if I am not satisfied with it, I will require an amendment to be brought forward in the Dáil for the purpose of amending section 8 so that it contains a similar restriction as in the introductory part of section 9.
However, amendment No. 1, which Senator McDowell has put forward today and we are considering, is not an amendment that seeks to amend section 8 by inserting the restrictions I just outlined, namely, that this is a power that can only be exercised by the Garda in a public place or where it is lawfully present. Instead, the amendment seeks to remove section 8 in its entirety. I cannot accept that because it is an important power An Garda Síochána has.
In practical terms, if this section 8 was removed, it would mean that even where a garda has reasonable grounds to suspect criminal offending or the possession of a relevant article, there would be no statutory authority under Part 2 to require a person to provide basic identifying information. I do not consider that such an outcome would be appropriate or conducive to the effective investigation and prevention of crime. For that reason, I am not in a position to accept the amendment.
It is also the case that the provision can be read in such a way that this is not a power that is exercisable at large. It is expressly conditioned by the requirement that the member have reasonable grounds for the relevant suspicion before any such requirement may be made. It is this threshold safeguard that ensures the power is both necessary and appropriately constrained.
If it was the case that the provision was enacted as it is, and if a member of An Garda Síochána was unlawfully present in somebody's residence and sought to invoke section 8 by asking the person whom they reasonably suspected of committing an offence to provide his or her name, address and date of birth, I think it is fairly clear that the courts would not find any offence being committed in circumstances where the garda was unlawfully present when that power was invoked under section 8.
As I said to Senator McDowell on the last occasion, I will get advice from officials in respect of this and if I am not satisfied with that advice, I will bring forward an amendment in the Dáil, and obviously we will come back to this House, to put in the limitation contained in section 9. However, my preliminary view, in advance of receiving that advice, is that it is fairly implicit in the provision that this is a power, as is the case with all Garda powers, that can only be exercised in circumstances where a garda is in a public place or lawfully present.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-06-17/debate/main
Retrieved: 2026-08-14T04:55:04+00:00
Sitting date: 2026-06-17