Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026: Committee Stage
Seanad Éireann — 2026-06-24
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Jim O'Callaghan (FF), Dublin Bay South

These are essential measures to clarify the authority of the Garda to deploy radio frequency jammers to counter drones, or what are technically referred to as unmanned aircraft systems, where required as part of carrying out its statutory functions under the Policing, Security and Community Safety Act 2024.
I will briefly give Senators the background. Drones have increased significantly in prevalence and capability over the past decade. Improvements in accessibility, affordability and ease of operation have resulted in their widespread use. They also present distinct and evolving security risks. This may include threats to life or property, threats to public safety or State security, criminal activity, intimidation or harassment. The growing risks and awareness of illicit drone activity from a security and defence perspective have also been identified at EU level in an action plan on drone and counter-drone security. I am advised that there is a need for legal amendments to confirm that the Garda has legal powers where necessary and proportionate to deal with dangerous or hostile drone activity through the use of what are called radio frequency jammers. This is particularly the case in the context of our forthcoming Presidency of the Council of the European Union.
I am informed that radio frequency jammers can be used to provide a localised source of radio noise that is intended to disrupt wireless communications to illicit or dangerous drone activity. The relevant equipment can be used to detect the presence of a drone or can interfere with it to such an extent that the jammer sends it back to the pilot or makes it land in a safe drone zone. Depending on the equipment used, the effect of using a jammer could extend in a specific localised area beyond the specific radio frequency channels used by a drone to other frequencies to potentially impact other radio frequency users, such as mobile and radio networks and emergency call systems. For this reason, international communications standards suggest that the use of jamming equipment should generally be prohibited but without prejudice to the general need for an exemption to apply where the intended purpose is for security or defence purposes.
Amendments Nos. 4 and 5 are technical in nature and simply deal with reference to the Wireless Telegraphy Act 1926 and the Policing, Security and Community Safety Act 2024. The 1926 Act is the legislation which sets out the current legal regime relating to wireless telegraphy, a term which includes a radio frequency jammer. The Commission for Communications Regulation, ComReg, is the State's regulator in this space and it operates a licensing regime for the use of wireless telegraphy apparatus. The 2024 Act is the overarching legislation which governs the operation of An Garda Síochána.
With amendment No. 6 I am proposing to amend section 3(6) of the Wireless Telegraphy Act 1926 to ensure that the general prohibition on the possession of wireless telegraphy apparatus without a licence from ComReg does not apply to a radio frequency jammer kept by An Garda Síochána for the purpose of working or using it in accordance with the proposed new section, 12(1B) and 12B(1B) of the 1926 Act. This refers to amendments Nos. 8 and 9. In plain language, it refers to An Garda using a radio frequency jammer to interfere with a drone where it is reasonably believed to be necessary to carry out its function under the 2024 Act. Under the current section 3(6) of the 1926 Act An Garda would require a licence from ComReg for the possession of a radio frequency jammer. My concern with this position is that requiring An Garda to operate under licensing conditions set by another State body for the possession and use of equipment would not be appropriate as An Garda cannot cede its policing and security functions in this area to another State body that does not have such functions.
However, this amendment needs to be read in conjunction with amendment No. 7. That amendment has been drawn up following extensive contact between officials from my Department, An Garda, the Department of Culture, Communications, and Sport and ComReg. This amendment inserts a new section, 3B into the 1926 Act which obliges An Garda and ComReg to agree a memorandum of understanding to support the sharing of information on the use of radio frequency jammers for counter-drone purposes. This would cover sharing of information on issues such as maintenance, frequencies used, standard operating procedures and instances of equipment use. It will ensure that An Garda is in a position to maintain the capability for the use of this equipment and avail of ComReg expertise, while ComReg will be informed of all relevant aspects of the use of this equipment.
Amendments Nos. 8 and 9 are consequential in nature. At present, section 12 and section 12B of the 1926 Act provide for offences and monetary penalties for the use of wireless telegraphy apparatus to interfere with other such apparatus, which will at present apply to An Garda if it used this equipment. This is one example of where the law in this area is not entirely consistent. Under a separate statutory instrument made in 2011 under the Wireless Telegraphy Act 1972, there is a general prohibition on the sale, hire, manufacture or importation of wireless telegraphy interference apparatus, which would include a radio frequency jammer. There is also a clear exemption in the order, which confirms that it does not apply to the importation or manufacture of such equipment by An Garda, the Defence Forces or the Prison Service. Therefore, at present, it is lawful for An Garda to manufacture or import a radio frequency jammer but the law contains inconsistency thereafter with regard to its use. Amendments Nos. 8 and 9 amend sections 12 and 12B of the 1926 Act to provide that the offences on the use of wireless telegraphy apparatus to interfere with such other apparatus do not apply to the use of radio frequency jammers by An Garda, for counter-drone activity. This is modelled on previous such amendments introduced to these sections in 2023 in respect of the Dublin Airport Authority.
Amendment No. 34 is technical in nature and simply amends the Long Title of the Bill to reference the amendments to the Wireless Telegraphy Act 1926, as proposed in amendments Nos. 4 to 9, inclusive.
I am satisfied that these amendments are necessary to ensure An Garda is in a position to carry out its policing and security functions and deal with the threats posed to our security by illicit and unlawful drone activity. I should add that my officials are continuing to engage with the Attorney General's Office to ensure consistency of the proposals with EU communications legislation and I will advise Senators on Report Stage should any issues arise.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-06-24/debate/main
Retrieved: 2026-08-14T04:55:06+00:00
Sitting date: 2026-06-24