Garda Síochána (Powers) Bill 2026 [Seanad]: Second Stage
Dail Éireann — 2026-09-16
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Tom Brabazon (FF), Dublin Bay North

As the House will know, the Commission on the Future of Policing in Ireland recommended the consolidation and modernisation of Garda powers to search, arrest and detain persons. Underpinning those recommendations was the need to ensure public confidence in our policing system, which is fundamental to a healthy and functioning democratic society. The measures contained in this Bill are, therefore, most welcome as they help to ensure that policing powers are exercised clearly, legally and in relation to fundamental rights. Importantly, the Bill also provides greater legal certainty to members of An Garda Síochána in carrying out their duties. Gardaí need to know clearly what powers are available to them and when and how those powers can be exercised. The Bill provides a much clearer statutory framework in that regard.
The use of electronic devices in serious crime has increased significantly over recent years. We see this in the number of devices that gardaí are seizing. Criminals are using these devices to conceal their activities and to communicate instantly with other criminals. We have to make sure that gardaí have the power to access this information in a clear and lawful way. The Bill brings important clarity in that regard by distinguishing between the seizure of a device, the capture of data, the screening of material for privilege and a full digital forensic examination. This will give gardaí much greater clarity as to what they are legally entitled to do at each stage of an investigation, all the while ensuring that the appropriate judicial safeguards remain in place.
The Bill also brings forward measures to ensure that Garda powers to stop and search are applied consistently and are clearly understood by members of the public. It provides a clear statutory basis for the exercise of those powers where reasonable grounds exist, while also requiring that individuals are informed of the basis for the search and that a formal record is maintained.
Clear rules are of benefit to everybody, and they make sure that gardaí can do their jobs effectively. Most importantly, they protect the rights of the individual and they provide greater certainty as to how policing powers should be exercised. I commend the Minister and his Department on this legislation. I look forward to further scrutiny on Committee Stage.

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Retrieved: 2026-09-28T05:50:48+00:00
Sitting date: 2026-09-16