Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026: Report and Final Stages
Seanad Éireann — 2026-07-02
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Jim O'Callaghan (FF), Dublin Bay South

Amendment No. 25 inserts a new section into the Bill to amend section 10 of the Misuse of Drugs Act 1984. It inserts new subsections (2) to (6) into section 10 to provide the statutory basis for the admissibility of certificates of results of Garda-administered presumptive drug testing, PDT. It introduces a legal presumption in favour of the evidential value of such certificates, subject to rebuttal evidence. PDT was introduced by Garda circular in 2011 with the agreement of the DPP. It is used to test cannabis, cannabis resin and cocaine seized in relation to the section 3 offence under the Misuse of Drugs Act. Forensic Science Ireland, FSI, provides oversight of the Garda PDT regime and is assured of the reliability of the results of Garda-administered PDT. A number of safeguards are built into the provision, reflecting current operational procedure. Subsection (2) limits the scope of the provision to the section 3 offence. The certificates must be completed by approved members of the Garda who have been certified under subsection (5) by the director of FSI following the completion of FSI-delivered training where they have demonstrated competency in administration of the tests. The PDT test kits used by members of the Garda must be approved by the director of FSI under subsection (4). The definition of "relevant controlled drug" limits the scope of the provision to cannabis, cannabis resin and cocaine. However, under subsection (3) there is a provision for me as Minister, having consulted with the director of FSI, to prescribe other controlled drugs should suitable test kits become available. Subsection (6) provides interpretation for the provision.
The amendment also amends subsection 10(1) of the 1984 Act, consequential on the inclusion in subsection (6) of the definition of "Forensic Science Ireland".
Amendment No. 41 inserts a new section into the Bill to amend section 144 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 to allow the director of FSI to delegate his or her functions under the amended section 10 of the 1984 Act to appropriate officers of FSI.
Amendments Nos. 1 and 3 amend the Long Title, consequential to addition of the amendment to the 1984 Act to the Bill and the consequential amendment of the 2014 Act.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-07-02/debate/main
Retrieved: 2026-08-14T04:55:09+00:00
Sitting date: 2026-07-02