Garda Síochána (Powers) Bill 2026 [Seanad]: Second Stage Dail Éireann — 2026-09-16 ============================================================ Mark Ward (SF), Dublin Mid-West Sinn Féin welcomes the fact the Garda Síochána (Powers) Bill 2026 codifies Garda use of powers of stop and search, arrest, searches, seizures and detention. This was proposed by the Commission on the Future of Policing in 2018 and should not have taken this long to be implemented. The debate on this Bill is taking place at a time of new revelations in relation to the treatment of whistleblowers in An Garda Síochána due to be aired on "Prime Time" tonight. The Commission on the Future of Policing in Ireland, which recommended the codification of stop and search powers being implemented in this Bill, was established in the aftermath of the controversies and crisis that emerged within An Garda Síochána, including the handling of whistleblower allegations made by Maurice McCabe. It is deeply disappointing that here we are now, so many years later, and we still have some serious questions to answer about whistleblowing, potential wrongdoing and accountability within the Garda. We need clear answers from the Minister for justice regarding how protected disclosures are being managed within An Garda Síochána. I have no doubt that after tonight's programme, the Minister will be under more pressure to answer these questions because public confidence depends on robust safeguards, transparency and accountability and it is essential that any shortcomings are identified and rectified without delay. These current revelations relating to the handling of whistleblowing again highlight the need to ensure there are proper oversight and accountability of An Garda Síochána. The new oversight structures that resulted from the Commission on the Future of Policing became operational in 2025, including the Policing and Community Safety Authority Ireland and Fiosrú. It is important these oversight bodies focus on strengthening Garda accountability, improving transparency in misconduct investigations and ensuring robust protections and competence for whistleblowers making protected disclosures. On the issue of stop and searches, I would like to know what the Minister will do to make sure some demographics, some people in our communities, are not targeted more than others. I bring this point up from personal experience. I grew up in north Clondalkin on the Neilstown Road and over the years, even as a child and as a young adult, I was stopped. It was commonplace for my peers and me to be stopped and searched by gardaí when just going about our business walking down the road and going to the shops for our parents. I put it to the Minister that I would more likely be stopped on the Neilstown Road even today than I would be in the leafy suburbs of Dublin 4. I know what this is like. It erodes communities' trust in An Garda Síochána and it did erode my trust in gardaí over the years but my work in the community since then and as a Teachta Dála has allowed for that trust to be built back up. We have some really good community gardaí in my area of Clondalkin but we need to have more to keep our communities safe. The Policing and Community Safety Authority of Ireland has already raised significant concerns about Garda staff levels. It raised concerns about the lack of effective performance management systems for gardaí and Garda staff. It had concerns about inconsistencies across divisions in regard to the handling of reports of domestic violence. It will be important that the Policing and Community Safety Authority of Ireland monitors the use of stop and search powers as well as the expansion of powers of arrest as provided for in this Bill. Sinn Féin has significant issues with the failures of this Bill to explicitly recognise the rights of journalists to protect sources. During its passage through the Seanad, I do not believe the Minister adequately addressed 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. We submitted amendments in the Seanad to ensure there is a court hearing to determine whether a journalist's privilege applies before a search for can be granted. This is the case in many other jurisdictions, including in the North, but the Government voted against these amendments. 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. This 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 free press". The fact that this is not explicitly included in this legislation could be described as chilling and I am sure there are journalists who are watching today who would agree with this. The Minister needs to address the extensive concerns about the implications of this Bill for the ability of journalists to do their jobs, including holding those in power to account. The principle matters more than ever. Many of the significant revelations in public life emerge because individuals are willing to provide information to a journalist in the public interest. Arguably, tonight's "RTÉ Investigates" is testimony to that. If those sources believe their identity can be uncovered through search warrants or the seizure of devices without sufficient safeguards, they may remain silent. The result will be fewer disclosures, less accountability and weaker democratic scrutiny. I want to speak on the issue of high-visibility policing and in particular in the area of Saggart. As the Minister is aware, the community of Saggart has seen a huge population increase over the past number of years. Any areas that have seen an increase in population like Saggart has will see pressure on existing facilities, including on gardaí. People have a right to feel safe in their community and an increased Garda presence makes a community feel safe. Residents of Saggart were extremely disappointed that they were not included in the recent roll-out of high-visibility policing. I raised this with the Minister previously. Not having this rolled out in Saggart was really a lost opportunity on behalf of the Government and the Garda. What the residents of Saggart are looking for is a safe, well-managed environment for everybody to enjoy and they are calling for high-visibility policing for Saggart and surrounding areas. I ask that consideration be given to this in order to finally deliver for a community who feel their pleas have been largely ignored. While we welcome the codification and clarification of Garda powers contained in this Bill, the issues raised in relation to protection of journalistic sources need to be addressed. I hope the Minister will accept amendments in this regard when the Bill is on Committee Stage. --- 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/dail/2026-09-16/debate/main Retrieved: 2026-09-28T05:50:48+00:00 Sitting date: 2026-09-16