Garda Síochána (Powers) Bill 2026: Report and Final Stages
Seanad Éireann — 2026-06-17
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Chris Andrews (SF), Labour Panel

Amendments Nos. 5 and 10, as the Cathaoirleach has said, are linked. Many aspects of this Bill are to be welcomed, including the fact that it codifies Garda use of powers to stop and search, arrest, searches and seizures, and detention, and clarifies the law on stop and search. It is welcome that what was found in provisions in over a dozen pieces of legislation is now reduced to two clear powers to stop and search. The Commission on the Future of Policing in Ireland recommended in 2018 that in order to ensure the legitimacy of policing and the protection of the rights of all: "There needs to be clarity and transparency about police powers and codes of practice as to how to exercise those powers. This should be based in legislation." It also recommended that "legislation defining police powers of arrest, search and detention should be codified, with statutory codes of practice."
While these changes are welcome, the delay in bringing them forward is notable. It is now eight years since the commission on the future of policing made its recommendations, however, the part of this Bill Sinn Féin has significant issues with is its failure to explicitly recognise the right of journalists to protect sources. This Bill fails to explicitly recognise the right of journalists to refuse to reveal confidential sources. The Minister needs to address the extensive concerns about the implications of this Bill for the ability of journalists to do their job, including holding those in power to account. It should be amended to ensure there is a court hearing to determine whether journalistic privilege applies before a warrant can be granted, as is the case in many other jurisdictions, including in the North.
The District Court should be empowered to take journalistic privilege into account when considering a Garda application for a search warrant, rather than after the application has been granted. The Bill needs to explicitly recognise the rights of journalists to protect sources, which is arguably required to bring the law into line with the 2023 decision in Emmett Corcoran v . the Attorney General where the Supreme Court judge, Mr. Justice Gerard Hogan, stated that: "The general protection of sources is integral to a free press." He added that without constitutional protection of the media’s right to protect sources, journalists "cannot be reasonably be expected to discharge their functions of educating public opinion and holding government to account in the manner expressly provided for in article 40.6.1 of the Constitution.” Sinn Féin has tabled a number of amendments to address these flaws in the Bill.
Amendment No. 5 strengthens the essential protections for journalists and publishers and ensures that when An Garda Síochána seeks a search warrant for journalistic materials, the court must, except in truly exceptional circumstances, hold an inter partes hearing. That means the journalist or publisher can make submissions on whether journalistic privilege applies. This safeguard is not about obstructing investigations; it is about defending press freedom, preventing fishing expeditions and upholding the public's right to know. By requiring judicial scrutiny and participation from those affected, we reinforce transparency, proportionality and the vital independence of the media in a democratic society.
Amendment No. 10 provides journalists and publishers with a vital safeguard, which is rapid High Court review of any warrant or order affecting them. It ensures decisions are examined promptly, recognising the fundamental importance of protecting journalistic sources and preventing undue interference with the media's democratic role.

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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