Ms Rachel Woods:

I thank the Chairman and the committee for the opportunity to address it today and to contribute to its deliberations. This is an important Bill. It brings together a number of areas where An Garda Síochána either currently records the activities of the general public or where it intends to do so in the future using up-to-date recording technologies. It is important that we get this right and that we provide An Garda Síochána with a robust, modern statute that is fit for purpose. Work commenced on this Bill when the Commission on the Future of Policing in Ireland reported on and supported the deployment of body-worn cameras. It seemed like an ideal opportunity to not only legislate for that but to update the law in a number of areas where recordings are made for law enforcement purposes.

Some people will have concerns about the Bill, some of which have been raised already, but there is no reason to be concerned. It is the Minister’s intention that this will be a strong and effective piece of legislation that will provide the Garda with additional powers, but will also contain considerable safeguards and protections for the citizen. In drafting the general scheme, the Minister has considered the invasion of privacy that is involved in recording. The Constitution protects people's right to privacy. Article 8 of the European Convention on Human Rights states, "Everyone has the right to respect for his private and family life, his home and his correspondence." However, this right is not absolute. Police authorities may not infringe on this right unless it is done in accordance with the law, is necessary in a democratic society in the interests of national security, public safety or for the prevention of disorder or crime. Therefore, activities that restrict our privacy rights must be prescribed by law, must be necessary to achieve a legitimate aim and must be proportionate to the aim being pursued. Throughout the general scheme one will see the powers that are being given to An Garda Síochána, the purpose of the recording and a stipulation that the recording must be necessary and proportionate.

We have placed considerable emphasis on the establishment of codes of practice by the Garda Commissioner, in consultation with stakeholders, regarding parts 2 and 3 of the Bill. In preparing the codes of practice, the Commissioner must ensure that a data protection impact assessment and a human rights impact assessment are carried out. The Commissioner must consult various bodies such as the Policing Authority, the Garda Síochána Ombudsman Commission, the Garda Inspectorate, the Data Protection Commissioner and the Irish Human Rights and Equality Commission, and may consult other bodies appearing to have an interest in the matter. The bodies mentioned have all been consulted on the drafting of the general scheme. The final version of the code of practice will be submitted to the Minister to be included in a statutory instrument and laid before the Houses.

I will not go into the details of the Bill as all members have had a good look at those already. I will just say that it is our intention, and the Minister's, that this Bill will fully comply with international human rights instruments and with data protection law. There are requirements for review on a regular basis to ensure that each provision is operating as we would expect. In terms of oversight, the ultimate oversight will be provided by the courts in deciding if the recording has been obtained legally and is admissible as evidence. In head 21, we have included temporary provisions for a designated judge to keep the operation of parts 4 and 5 of the Act under review. It is our intention to replace this provision with the arrangements for an independent examiner of security, which will be provided for in the policing, security and community safety Bill. Whichever provision is ultimately included will depend on the progress of each Bill through the Houses.

I thank the committee. My colleague and I are happy to take questions and will try to address any concerns raised.