The Irish government is facing a fierce backlash following the quiet introduction of the Garda Síochána (Powers) Bill 2025, a controversial piece of legislation that critics argue could dismantle the centuries-old protection of journalistic sources. Published by Minister for Justice Jim O’Callaghan on December 27, the bill has been denounced by opposition TDs and media watchdogs as a “chilling” assault on press freedom.
At the heart of the outcry is a provision that would grant Gardaí significantly expanded powers to seize and search digital devices, including smartphones and laptops, without the stringent judicial oversight currently required to protect the anonymity of whistleblowers.
The Legal Loophole: Privilege Under Threat
While the Department of Justice maintains the bill “modernizes” the custody framework and protects legal professional privilege as absolute, it creates a separate, more vulnerable category for the media.
Under the proposed “structured process,” journalistic privilege would no longer be a front-end barrier to a search warrant. Instead, the High Court would only intervene after a device has already been seized and potentially accessed on foot of a lower District Court order.
- The “Too Late” Argument: NewsBrands Ireland CEO Ann Marie Lenihan warns that post-seizure review is ineffective. Once a device is in state hands, the confidentiality of a source is already compromised.
- Judicial Precedent: Legal experts point to a 2023 Supreme Court ruling by Judge Gerard Hogan, who stated that the protection of sources is “integral to a free press” and essential for holding the government to account under Article 40.6.1 of the Irish Constitution.1
Political Fallout: “A Blueprint for Authoritarianism”
The timing of the bill—released during the Christmas recess—has fueled accusations of a “cynical” attempt to bypass public scrutiny. Independent Ireland leader Michael Collins described the measures as “shocking and sinister,” likening the bill to a blueprint for an authoritarian state.
Opposition parties are now mobilizing to block or significantly amend the legislation:
| Party | Position | Proposed Action |
| Independent Ireland | Fierce Opposition | Private Member’s Bill to elevate source protection to “protected privilege” status. |
| Sinn Féin | Serious Concern | Calling for the immediate withdrawal of proposals that create a “hostile environment” for media. |
| Social Democrats | Critical | Demanding clarification on why the State is prioritizing media surveillance over community safety and arson. |
| NUJ | Alarmed | Seeking “detailed clarification” on the practical risks to whistleblowers and the “chilling effect” on public interest stories. |
The Burden of Proof
The National Union of Journalists (NUJ) and NewsBrands Ireland are calling for Ireland to adopt a model similar to Northern Ireland, where a court hearing must determine if journalistic privilege applies before a warrant is granted.2
As it stands, the bill allows Gardaí to record interviews electronically and formalize “stop and search” records—steps the government claims will increase transparency. However, for those who “speak truth to power,” the fear is that the price of transparency for the Gardaí may be the total loss of privacy for the press.
Minister O’Callaghan has defended the bill, stating it “recognises the fundamental nature” of journalism.3 Yet, until the legislation explicitly bars the seizure of devices containing confidential source data without a prior High Court order, the Irish media remains on high alert.
Minister for Justice Jim O’Callaghan in Suit, Wikimedia Picture by Houses of the Oireachtas C’ 2.0
