I move amendment No. 5: In page 14, between lines 18 and 19, to insert the following: “(2) Where an application for a search warrant relates to premises, devices or materials belonging to a journalist or publisher, the court shall, save in exceptional circumstances, conduct an inter partes hearing and invite the journalist or publisher to make submissions on whether journalistic privilege applies.”.

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 …

Yes.

I move amendment No. 6: In page 14, between lines 18 and 19, to insert the following: “(2) In considering an application for a search warrant, the District Court may consider whether journalistic privilege applies and shall refuse the application unless satisfied that the requirements of section 21 (Protection of Journalistic Sources) have been met”.

Amendment No. 6 empowers the District Court to actively consider journalistic privilege when assessing search warrant applications. It ensures warrants are refused unless strict requirements are met. This protects press freedom, prevents overreach, and reinforces the essential democratic role of independent journalism. Amendment No. 8 strengthens the protection of journalistic sources by allowing disclosure only through a court order and only where strictly necessary and proportionate. It requires judges to weigh c…

I move amendment No.7: In page 16, between lines 5 and 6, to insert the following: “(2) Where a journalist or publisher asserts journalistic privilege in respect of material stored on an electronic device, no requirement to provide access credentials shall apply until a court has determined whether the privilege applies.”.

Amendment No. 7 ensures the District Court can assess whether journalistic privilege applies before granting a search warrant. It requires the court to refuse any application unless strict safeguards are met protecting press freedom and preventing disproportionate intrusion into journalists’ work.

I move amendment No. 8: In page 17, between lines 16 and 17, to insert the following: “Protection of Journalistic Sources 21. (1) A journalist or publisher shall not be required to disclose the identity of a confidential source except by order of a court. (2) A court shall only make such an order where— (a) it is strictly necessary and proportionate for the administration of justice, and (b) the public interest in disclosure substantially outweighs the public interest in the protection of journalistic sources. (3) …

I move amendment No. 9: In page 19, between lines 21 and 22, to insert the following: “Safeguards for Retention, Access and Use of Digital Data 24. (1) Any digital data seized, captured or otherwise obtained under a search warrant issued pursuant to this Act shall be retained only for the minimum period strictly necessary for the investigation of the offence to which the warrant relates. (2) Digital data that is not, or is no longer, relevant to the investigation or prosecution of an offence shall be securely delet…

Amendment No. 9 relates to safeguards for retention, access and use of digital data. The amendment introduces essential safeguards for how gardaí retain and handle digital data seized under warrant. The amendment ensures data is kept only for the minimum time necessary, securely deleted when irrelevant and protected through strict access controls, encryption and audit logs. It requires periodic reviews to confirm ongoing necessity and prevent mission creep. Crucially, the data will only be used for the specific inv…

I move amendment No. 10: In page 22, between lines 19 and 20, to insert the following: “Expedited High Court Review 26. (1) A journalist or publisher affected by a warrant or order under this Act may apply to the High Court for an expedited review of the decision. (2) The High Court shall determine such applications as soon as practicable, having regard to the importance of protecting journalistic sources.”.

Like Senator O'Loughlin, this is my first opportunity to wish the Minister of State well on her elevation. I wish her the very best. It is a great opportunity for her. It is a great moment for her and I wish her well. I thank Senator Higgins for introducing the Bill, which we support completely. I would be concerned if anyone were to oppose it and it is welcome that the Government is not opposing it. Like Senator Clonan, I think it is something we should introduce at a national level to set an example and send out …

I am conscious that a vote has been called, so we have one minute each and then we will finish up on this.

There is a vote on now. The Minister of State, Deputy Troy, is paired, so we are going to take him next. While we are waiting, I welcome Camila Alejandra Blanco, who is from Florida and is interning here with Senator Joe O'Reilly. She is very welcome. I hope he is looking after her well and bringing her in to the Members' restaurant every day for lunch, as is the custom for interns. I have no doubt he is. Ms Blanco is very welcome and we wish her the best in her studies and work experience. I welcome the Minister o…

The Senator did not even use all his time.

I thank the Minister of State and Senator O'Reilly. I want to welcome Una, Kathleen and Anthony Doolan and Richard and Theresa Shepherd, who are from Sligo, I think. No, they are from Roscommon and Sligo; I am offending them already. They are guests of Deputy Eamon Scanlon but he has found them a good guide in the form of Deputy Cleere who is looking after them. They are very welcome and I hope they are enjoying the tour. I imagine Deputy Scanlon is treating them to the bar and restaurant. If he is not, they will h…

That is not going to help his chances.

I would also like to be associated with the comments directed towards the Acting Leader. I am not sure he wants us to do that. I withdraw them so. I want to acknowledge the tremendous performance by Cape Verde yesterday. At the heart of that performance was Pico Lopes, who is a Shamrock Rovers player. As a Shamrock Rovers fan, I see these man of the match performances week in, week out, so it is not any huge surprise to me. It was fantastic, and I congratulate him and the Cape Verde team. Cape Verde is the third sm…

I agree with Senator Fitzpatrick's comments in relation to the RTÉ "Prime Time" report entitled Cocaine Kids. For anybody living in the inner city, it was nothing new and revealed nothing new to them. As she said, it is really important that we have a health-led approach to drug use. I agree with and acknowledge that. Last week, I went to visit My Lovely Horse Animal Rescue. It was an incredible visit. There are horses, pigs, goats and donkeys - everything is there. It was incredible for two reasons. It was incredi…

Even in Kildare we would not see that number of horses in one small area. It was absolutely shocking to see so many horses, and they were all rescue horses. We hear a lot about how we are a horse-loving nation but, sadly, a visit to My Lovely Horse Animal Rescue would suggest that this is not true. When we see the horseracing industry getting €80 million per year and then we see the huge number of horses in rescues, we know something is not working. The cruelty of horses that is tolerated in this country is shamefu…