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 will briefly respond if I can. Senator McDowell has raised some very interesting points. This is a complex and difficult issue. I do not believe that the appropriate mechanism to deal with this complex and difficult issue is in the legislation that is going through the Seanad today. What Senator McDowell wants to be able to get information on, through this legislation, is details pertaining to the nationality, the race and the social status of persons searched. The Senator referred to what is happening in the UK. I am nearly hesitant to move into this territory, but what I want to see happen as Minister for justice is that when a member of An Garda Síochána exercises powers that they have under section 8, section 9 or section 10, they do so completely blind to an individual's race, gender or nationality. The only basis for An Garda Síochána to exercise these powers is if it has a reasonable suspicion that an offence is being committed. There is a lot to be gained from getting data as to whom the Garda is interacting with, and that is why I referred to the other work that is ongoing. What I would not like to see happen, however, is that if data is produced, in some respect this puts an obligation or pressure on members of An Garda Síochána to move outside the statutory scheme, which is that people should be stopped and searched only if there is a reasonable suspicion of an offence being committed. I would not like to see a situation where the Garda has data and says, "Oh, look, a certain nationality is over-represented and another nationality is under-represented; we need to stop and search more of the latter." That is not what should happen. I have no doubt without getting any data that the overwhelming number of people who are stopped and searched, or who would be stopped and searched pursuant to the provisions here, will be men as opposed to women. I do not think it could be suggested that for gender equality reasons the Garda should seek to ensure that more women are stopped and searched.
It is a complicated issue. There is a huge benefit in policymakers, the public and the Garda having data on who is being interacted with when it comes to the criminal justice system, but I would be very hesitant about adding that obligation on when it comes to the stop-and-search powers. There may be other ways of doing surveys in respect of it, but the only reason a stop-and-search power should be used by a member of An Garda Síochána is that he or she has a reasonable suspicion that an offence is being committed.

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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