The need for legislation in relation to search powers was recommended by the Commission on the Future of Policing in Ireland in its seminal report published in September 2018.
The Garda Síochána (Powers) Bill 2026 which I published recently will modernise and consolidate the statutory basis for certain Garda powers and introduce greater protections for journalists and their sources.
The Bill does not provide absolute privilege for journalistic material because, as set out by the Supreme Court in Emmett Corcoran v The Commissioner of An Garda Síochána and DPP, journalistic privilege is not absolute. The Court emphasised that safeguards must balance the protection of sources with compelling public interests, such as imminent threats to life or public safety.
It should also be noted that this Bill strengthens protection for journalists in response to the Corcoran judgment. It makes specific provision for tailored search warrants authorising the seizure and search of electronic devices and for the assessment of claims of privilege.
This legislation addresses previous deficiencies by requiring Gardaí to notify the court of any known issues relating to journalistic privilege, ensuring potential claims are flagged early and considered, allowing a fully informed decision. It clarifies and strengthens safeguards by ensuring that electronic devices cannot be accessed without prior judicial authorisation, including when devices are seized as part of a stop-and-search. In addition, judges may request further information before deciding and may grant authorisation in full, in part, or refuse it entirely, ensuring any access is proportionate and tailored to the circumstances.
Importantly, where privilege arises, the device owner may assert a claim, which will be determined by the High Court or resolved by agreement between the parties. Material which is determined to be privileged is generally not examined or accessed. Access to material which is subject to qualified privilege is only to be permitted in exceptional circumstances, such as to protect life, personal safety, or critical infrastructure, and always under judicial supervision.
This approach aligns with the Supreme Court’s judgment in Corcoran, which emphasised the fundamental importance of judicial oversight in protecting journalistic privilege while recognising that such privilege is not absolute and must be balanced against compelling public interests.
Through this legislation, I am responding to recent judgments in the courts to ensure our search warrant regime is robust and future-proof, with the relevant safeguards in place. I am also introducing 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.
