People required to provide phones and passwords to gardaí under new powers

The new powers will also increase the detention period for the investigation of multiple offences

New measures in the bill include the single power of arrest for gardaí which will require a person to provide passwords to access electronic devices when carrying out a search warrant.

The Minister for Justice has published the General Scheme of a new bill to give An Garda Síochána more powers.

In line with a recommendation of the Commission on the Future of Policing in Ireland, the Bill will provide a "clear and transparent" statutory basis for the existing police powers of search, arrest, and detention, according to the government.

New measures in the bill include the single power of arrest for gardaí which will require a person to provide passwords to access electronic devices when carrying out a search warrant.

Other measures include garda caution put on a statutory basis and the requirement for a written contemporaneous note of a garda interview will be removed in cases where it can be recorded by other means and a statutory right for the accused to have their lawyer present at interview will be introduced.

The bill will bring in longer detention periods for the investigation of multiple offences being investigated together, for a maximum of up to 48 hours and will also allow for a week’s detention for suspects in human trafficking offences, which are currently subject to a maximum of 24 hours detention.

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A new requirement will make a written record of a stop and search, to assess its effectiveness and special measures will be taken for suspects who are children and suspects who may have impaired capacity (whether because of an intellectual disability, mental illness, physical disability or intoxication).

Minister Humphreys said the aim is to create a system that is "both clear and straightforward" for gardaí to use and easy for people to understand what powers gardaí can use and what their rights are in those circumstances.

"Where we are proposing to extend additional powers to gardaí, we are also strengthening safeguards," she said.

"The Bill will have a strong focus on the fundamental rights and procedural rights of the accused. 

"I believe this will maintain the crucial balance which is key to our criminal justice system, while ensuring greater clarity and streamlining of garda powers."