This week the Seanad has passed the second stage of the Garda Síochána (Powers) Bill 2026, a measure that critics warn could erode journalistic protections and expand state access to personal digital devices, despite Justice Minister Jim O’Callaghan’s assurances that it bolsters safeguards.
The bill, debated on Wednesday, aims to codify Garda powers on stop-and-search, custody procedures and the seizure of electronic devices, responding to Supreme Court rulings in the Corcoran and Quirke cases that exposed flaws in existing search warrant laws.
O’Callaghan told the Seanad the legislation addresses the Corcoran judgment’s criticism of a 2019 warrant used to search journalist Emmet Corcoran’s home and phone, where the District Court was not informed of potential journalistic privilege.
“Part 3 repeals the deficient framework and replaces it with a structured, judicially supervised process,” O’Callaghan said.
“…Access is permitted only in rare and exceptional circumstances, and only with judicial approval.”
But opposition voices highlighted fears that the bill falls short on civil liberties, particularly in an era of growing state surveillance.
Sinn Féin’s Senator Nicole Ryan said the measure “fails to explicitly recognise the right of journalists to protect their confidential sources,” citing the Supreme Court’s 2023 Corcoran ruling and the EU’s Landeck judgment.
“The Bill must be amended to explicitly recognise journalistic privilege in statute, require a court hearing on privilege before a warrant is granted, and empower the District Court to fully consider source protection at the point of application,” she said.
“Anything less risks chilling investigative journalism and undermining press freedom in this State.”
Independent Senator Victor Boyhan, drawing on concerns from the Irish Council for Civil Liberties (ICCL), called for the reinsertion of explicit human rights safeguards, clearer definitions for invasive searches, and inter partes hearings for warrants involving journalists – allowing them to argue their case before access is granted.
He noted that the ICCL described the removal of human rights provisions as a “regressive step,” arguing it contradicts the Commission on the Future of Policing’s emphasis on rights-centred policing.
Boyhan also flagged the bill’s provisions for compelling passwords or biometric data to access devices, insisting such powers should require a warrant to prevent overreach.
Meanwhile, Government senators, including Fianna Fáil’s Robbie Gallagher and Fine Gael’s Garret Kelleher, backed the bill as a necessary modernisation, praising its consolidation of powers and custody reforms like mandatory electronic interview recording.
At a press conference earlier on Wednesday, O’Callaghan sought to allay fears over related interception laws, promising protections for journalistic sources, but critics remain unconvinced amid broader concerns about Garda accountability.
But the debate echoes earlier controversy when the bill was published over Christmas 2025, with TDs like Carol Nolan labelling it “state-sanctioned lawfare against media freedom” and Ken O’Flynn warning it “crosses a serious line” on source protection.
The NUJ has expressed worries about a potential “chilling factor” for sources, while past incidents – like Garda attempts to access Gript journalists’ messages in 2024 – have heightened scepticism.
O’Callaghan, responding in the Seanad, maintained human rights are embedded in wider policing laws and will be protected in a proportional way.