Proposed legislation to consolidate Garda powers meets criticism

The Minister for Justice, Home Affairs and Migration Jim O’Callaghan recently received Government approval to publish the Garda Síochána (Powers) Bill 2025. According to the department, “this legislation will modernise and consolidate the statutory basis for certain Garda powers, ensuring they are placed on a clear and accessible legislative footing.”

The bill seeks to modernise seizure laws by introducing tailored search warrants that would allow gardaí to seize and access mobile phones and computers.

While the proposed legislation provides for absolute privilege for legal professionals, this protection does not extend to journalists. Instead, any claims of journalistic privilege would be assessed under a new procedure involving the High Court.

A sensitive issue, ‘NewsBrands Ireland’ - a representative group for news publishes in Ireland – point out, it fails to “recognise the position on the media in a couple of key respects”. While welcoming the decision by the Minister for Justice to reform legislation on search warrants, including those authorising the seizure and search of electronic devices, NewsBrands are alerted by the current proposal. “The Bill needs to explicitly recognise journalistic protection of sources to bring the law into line with recent decisions of the Court of Justice of the European Union and the Irish Supreme Court."

Linda O’Reilly, Editor of the Anglo-Celt, said: “XXX XXX XXXX”

Meanwhile, Deputy Matt Carthy, has also raised serious concerns about provisions in the Garda Síochána (Powers) Bill in relation to proposals to grant Gardaí powers to seize phones and laptops belonging to journalists. “Any moves to undermine the role of journalists in holding those in power to account or to create a hostile environment for journalists doing their job will be opposed by Sinn Féin.” Adding: “The Minister cannot be allowed to push through changes that would undermine the ability of journalists to protect their sources.”