Garda Síochána (Powers) Bill 2026: Report and Final Stages Seanad Éireann — 2026-06-17 ============================================================ Jim O'Callaghan (FF), Dublin Bay South Can I try to explain it to Senators? Section 11 deals with additional provisions to search. Section 11(2) says, "Where a member decides to search a vehicle under section 9 or 10 , the member may do one or more of the following". This is a provision that arises when a member of An Garda Síochána, exercising their reasonable suspicions available under sections 8 or 9 , decides that it is necessary to search a vehicle. Section 11(2)(c) says that one of the things the garda can do is, "require the driver to be in or on or to accompany the vehicle, as may be appropriate, for so long as is necessary to complete the search". If a garda wants to search a car, he can say to the person in, on or accompanying the car that they have to stay with the vehicle while the officer searches it. What happens if the person decides that they are heading off? It makes it extremely difficult for the garda to complete the search. What we are trying to do is put forward a provision that would make the failure to comply with that requirement an offence in those circumstances. That is what is set out in section 11(4), which refers to "A person of whom a requirement under paragraph (c) of subsection (2) is made". In other words, it relates to the person who is told to stay with the car, accompany the car or to be in or on the car. A person of whom such a requirement has been made, shall for the purposes of determining whether an offence has been committed - the offences are under section 15 - be considered to have failed to comply with that requirement, which, in effect, means they are committing an offence, "where he or she at time while the requirement is in force, is not in, on or accompanying the vehicle in relation to which the requirement was made". This provision is seeking to say that anyone who disobeys a direction - an order - from a garda that requires them to stay with the vehicle is committing an offence. That is the purpose of the provision. Similar provisions already exist in respect of many offences on the Statute Book. Their purpose is to ensure that lawful searches can be carried out effectively and safely, and that there is clarity for both members of An Garda Síochána and members of the public as to what compliance with a lawful direction requires. Notwithstanding what Senator McDowell views as the inelegance of the drafting, I am satisfied that subsection (4) is both necessary and proportionate, and I cannot support its deletion. As we know, the amendment would also delete a reference to section 15, which is the offences section. That applies only where a person obstructs a member of An Garda Síochána acting under the powers conferred by the legislation or fails to comply with a lawful requirement made under those powers. The offences provision is intended to support the effective operation of the statutory powers granted by the Oireachtas. Subsection (4) provides necessary clarity as to how compliance with this particular requirement is to be assessed. The purpose is very clear. A garda is entitled to direct a person who is in charge of a vehicle, who is in it, who is on it or who is accompanying it to stay with a vehicle while a search is carried out. If he of she does not do that and breach the requirement set by the garda, he or she is committing an offence. --- 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/2026-06-17/debate/main Retrieved: 2026-08-14T04:55:04+00:00 Sitting date: 2026-06-17