Minister Jim O’Callaghan to publish new legislation to consolidate Garda powers of search, seizure and detention
- Published on: 27 December 2025
- Last updated on: 27 December 2025
- Minister receives Cabinet approval to publish Garda Síochána (Powers) Bill
- The Bill provides clear statutory framework for seizure & examination of electronic devices
- Introduces judicially supervised process for privileged information
The Minister for Justice, Home Affairs and Migration Jim O’Callaghan recently received Government approval to publish the Garda Síochána (Powers) Bill 2025. 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 will reform legislation on search warrants in light of judgments from the Supreme Court. It will make specific provision for tailored search warrants authorising the seizure and search of electronic devices and for the assessment of claims of privilege.
This includes, under Section 23, strengthened rights for individuals to be informed about authorised access to data on seized electronic devices, in line with the Landeck judgment of the Court of Justice of the European Union.
It will provide the necessary authorisations for judges to grant the accessing of physical or digital material and creates a statutory mechanism for authorising examination of devices seized without prior judicial approval.
It will also ensure that privileged material is handled through a judicially supervised process.
Legal professional privilege is protected as absolute, while other forms of privilege will be managed through a structured process, including through a determination by the High Court, under section 24, if required.
Minister Jim O’Callaghan said,
“I am pleased to publish this long-awaited legislation which will modernise and consolidate our laws in this area. It is essential that the law is clear on the powers of search and examination of electronic devices by Gardaí investigating crime.
“We have responded to recent judgments in the courts to ensure our search warrant regime is robust and future-proof, with the relevant safeguards in place.
“We have also introduced clear statutory procedures for dealing with privileged material, which recognise the fundamental nature of these principles in areas such as the legal profession and journalism.”
The Bill will also include provisions on Garda powers to stop and search, which will help ensure consistency in how they are applied by Gardaí and understood by the public.
This will include requirements for Gardaí to make a formal record of all searches and powers for Gardaí to stop and search a person or vehicle in a public place where they reasonably suspect possession of a relevant article as defined in the legislation.
Additionally, the Bill also places on a statutory footing the existing right of people in custody to consult a solicitor before and during interview, provides for electronic recording of interviews by Gardaí and will modernise the custody framework.
Minister Jim O’Callaghan added,
“The law in this area is complex and so this legislation will bring together much of the existing law on police powers to ensure it is clear, transparent and accessible.
“This Bill is grounded in the principle that human rights are the foundation and purpose of policing, and that the justification of police powers is the broader responsibility to protect the rights of others. This includes both the rights of those suspected or accused of a crime, as well as the human rights of all members of society to live free from violence, abuse, crime and fear.”
ENDS
Notes for Editors
A copy of the stamped draft of Garda Síochána (Powers) Bill 2025 is here, which the Oireachtas will formally publish in due course.
The Commission on the Future of Policing recommended that police powers of search, arrest and detention should be codified and supported by statutory codes of practice. This recommendation and its implementation will provide greater clarity and transparency in these aspects of policing.
The General Scheme of the Garda Síochána (Powers) Bill was published in June 2021. The aim of the Bill was to:
- provide a clear and transparent statutory basis for the existing police powers of search, arrest and detention, supported by statutory codes of practice;
- subject to those powers, place the fundamental and procedural rights of suspected and accused persons on a statutory basis; and
- rationalise and modernise the powers to take account of developments in modern technology and best practice in policing.
On foot of two Supreme Court rulings, the search warrant aspect of the Bill has been prioritised, in addition to a number of other provisions which can deliver time savings for An Garda Síochána and enhanced procedural rights to people who are the subject of Garda search powers.
The Landeck judgment can be found here.
