[Oireachtas] Dáil Éireann debate. Question 2175 – Legislative measures [Garda search] [60214/26]. (07 Sep 2026)
External website: https://www.oireachtas.ie/en/debates/question/2026...
2175. Deputy Barry Ward asked the Minister for Justice, Home Affairs and Migration his views on the adequacy of the provisions contained within section 23 of the Misuse of Drugs Act 1977; and if he will make a statement on the matter. [60214/26]
Jim O'Callaghan, Minister for Justice, Home Affairs and Migration: Tackling drug misuse is a whole-of-Government responsibility, and I regularly engage with the Minister for Health, the Minister of State with special responsibility for Public Health, Wellbeing and the National Drugs Strategy and the Garda Commissioner on matters relevant to the work of my Department in this area.
The Misuse of Drugs Act 1977 (as amended) falls under the remit of the Minister for Health. This Act is an important legislative tool in our efforts to combat the sale and supply of illegal drugs in our communities. Section 23 of the Act provides a statutory power for a member of An Garda Síochána to search, without warrant, any person, vehicle, vessel or aircraft that the member has a reasonable suspicion that the person is in possession of a controlled substance so defined under the Act, or that such a substance is present in a vehicle, vessel or aircraft. The section also provides powers of detention and examination.
Work is under way in my Department on the Garda (Powers) Bill, which will codify police search powers and procedural rights of suspects through rationalising and modernising those powers to take into account developments in modern technology to provide clarity and transparency.
Sections 9, 10 and 11 of the Bill will provide for Garda powers of search, where there are reasonable grounds to suspect that a person is in possession of a relevant article, such as illegal drugs, and powers to search persons and vehicles for evidence of an offence where there are reasonable grounds to suspect that an offence has been, is being or is about to be committed. Sections 12 and 13 provide a clear right to be informed of the reason(s) for a search under Section 9 or 10, as well as an obligation on An Garda Síochána to record details of such a search
The Bill has already completed all stages in the Seanad and I hope to progress the Bill later this year through the Dáil.
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