Victor Boyhan backs Gardash Corner Powers Bill with rights caveats

Thank you, Cor Heerlich. Well, firstly, I want to welcome the Minister and to thank him to coming before us today to debate or discuss the Gardash Corner Powers Bill of 2026. As you say in your opening statement, Minister, it's been a long time coming, but it's here and it's before us. And in general, I want to welcome this bill, and I generally support it. But I think there were some concerns. At the very outset, I want to draw your attention, Minister, to the Gardash Corner Powers Bill 2026, Bills Digest. I don't know if you have one. If not, I will leave one outside. I took up one. Because previously, when I referred to these digests, Ministers tell me they don't actually get them. They're usually provided to the members. I need to say your party is loads of members in both sides of the Houses, but I have taken the liberty to copy one off of you with the links. Because I think it's really important. And I think Ministers can learn a lot from that sort of independent research that's validated through our library and research to assist us in our parliamentary work. It's a really positive statement. So I want to acknowledge that first. I also want to acknowledge my engagement, or that of the engagement of the Irish Council of Civil Liberties, of which I am a fan of. I don't always agree with what they have to say. But I think it's important. They've taken the time to engage with the ROCTUS members. They have written to us. They've spelled out some concerns. So I think that is important too. And just to reiterate, what are we talking about here today? I mean, the purpose of this legislation is, of course, as you said, to provide a modern, clear and comprehensive statutory framework to Garda to stop and search powers and the executive of search warrants and the execution of search warrants. Two, ensuring that the statutory frameworks are coherent, consistent and responsive to the ever-evolving operational and legal requirements for Garda to corner in the enforcement of the law. And, of course, finally, by providing an updated framework, as you've said yourself, the bill seeks a balance in terms of operational effectiveness and the protection of individual rights and the underpinning of public confidence, which is critically important, public confidence. And that's so important. And it's ironic that we're talking today, this week, when there is other issues about Garda to corner. And I support Garda to corner. And I want to say clearly here now, they have an exceptionally difficult job in administering the law and keeping and maintaining that confidence in policing. And I want to salute them for the work they have done. But there are challenges. People can do better. And we must never bury our head in the sand and suggest otherwise. So, Minister, this is a wide range. It's a wide range, as you say, but it is covering those issues that I talked about. And I suppose what the Irish Council of Civil Liberties, I want to say at the very outset, which was pleasantly surprised in the correspondence that I read yesterday, they welcome the return of the bill to the shallot. However, they raise issues in terms of human rights safeguards. And the Minister have referenced human rights have been removed from the bill. ICCL say this is a regressive step, considering that the impetus of this bill was the final report from the Commission on the Future of Policing, which you'll be very familiar with, whose paramount recommendation, I quote, was that human rights are at the centre of policing. So, one has to ask the question why it appears to be watered down and not included in the bill. And you might deal with that later, Minister. The ICL also makes the case for the provision of protection of fundamental rights and protection of children's rights. The protection of the rights of the persons with impaired capacity should be reinserted. It's their recommendation. I'd ask, Minister, that you would at least look at it. I know you're open to considering matters. You do take the engagement and the dialogue in the Senate seriously. So, I want to flag these as pointers, Minister, for you, that I think should be dealt with. The stop-and-search data, the ICL, suggests that Section 13 be amended. And I quote, amended to allow for records of Garda Pars to stop-and-search under Sections 8, 9 and Section 10. I'd ask you to please consider that, Minister. Definitions regarding different types of searches. Part two, the provision relating to search, needs to provide clarity on the different types of search. As there are no definitions in terms of strip, cavity or intimate searches in this bill, definitions should be inserted in the bill. And I think, Minister, that makes sense. As a practising barrister and an expert in law, I think you could see the logic that a definition around the insertion of the bill for clarity and to complement what is already a custody regulation. So, I think there's an issue around that. Practice examples in other jurisdictions. So, we need to look at Scotland. We need to look at England and Wales. There are different regimes there. Go to the international scene. Shall we say, within Europe, there are different definitions in relation to strip, cavity and intimate searches, reflecting significance, emphasis, nuance and difference in relation to this area. Because we are talking about the personal encroachment of people's fundamental rights. And we're going to get the balance right, Minister. I'm not on for all softly, softly. But it is important. I am consistent about human rights. If you're a defender of human rights, you must be consistent in everything you say in these houses in terms of legislation. And I would ask, Minister, that you would look at that concern. And the ICL also stated that each is potentially justifiable in certain circumstances. So, they're not saying it's not justified. And I quote, each is potentially justifiable in certain contexts, however, but that there should be legal definitions for these levels of searches. So, I think that's a fair comment for them. That's not, no, a blanket, no. They're saying there are justifiable reasons in certain circumstances. I'd ask you to take that on board. The power of the Gardaí to search electronic devices. Section 19, you'll be aware of this, Minister. Section 19 widens the legal framework for Gardaí to search electronic devices and information systems. I understand the need for that to happen. You've clearly set it out. We all in this chamber understand those needs. However, it's important that they're cautiously welcomed because the changes, you know, in the provisions since the general scheme, because the scheme has varied since the initial general scheme, and notes that such searches are only permitted under search warrants following assessment of necessity and proportionality by a judge of the court. The ICL makes the case under Section 19, 1, F, I. Regarding the power of the Gardaí to compel someone to provide a password, a PIN code, a biometric data, or other information necessary to access the electronic device, should only be exercised under a search warrant. That's the ask there. Only exercised under a search warrant. Regarding journalistic privilege, and I'm coming to the end of my commentary, Minister, the Bill outlines a new framework for how Gardaí can search journalistic material. In the Bill, current form, warrants that will allow a Gardaí to search a journalist's material will be decided ex-party hearing, where only a judge is present. In Northern Ireland, such decisions are made inter-party, in inter-party hearings, where journalists and their legal counsel are present to make arguments for the protection of journalist privilege. I firmly believe that the Bill should be amended to require inter-party hearings for warranted applications to ensure adequate protection for journalistic privilege and to align with the relevant case law. This is very important. I believe that journalists and journalism are an important component of democracy. They report every day on what we do here. And so I think that's really important. You, I, every politician in these houses understands the role or the responsible role of journalism in shining a light, in greater transparency in how we do our business. And I think this is a particularly important element of this Bill. And it is one of the biggest issues for me, how we are prepared to support journalists. I finish on that, Minister, by saying I welcome this Bill generally. I am broadly supportive of it. But I think there are some points I'd raise there, Minister, that I think warrant further examination by you. Thank you. Thank you.