Oireachtas Joint and Select Committees

Tuesday, 21 September 2021

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Garda Síochána (Digital Recording) Bill 2021: Discussion

Ms Maeve-Anne Kenny:

I will do my best to go over those questions. On the codes of practice and the question around a public consultation, the heads provide for the possibility of public consultation on the human rights impact assessment. I appreciate that the matter the Deputy spoke about is wider than that. That is certainly something which can be taken into account.

On head 7(5) and the Minister's role in approving the codes of practice under Part 2, the Minister is a person to be consulted in regard to the preparation of the codes. The idea is that the Minister and other bodies will already have been consulted and given the opportunity to express their views as to how the code should be structured and what detail should go into it. Ultimately, the Minister will have the discretion not to sign such an order should he or she believe it would not be appropriate. The Minister will have an opportunity at a stage earlier than that to provide input, if necessary.

On head 15 and the temporary access to a third-party CCTV, this is a provision that is intended to be used in circumstances where it is necessary to get access at short notice. If that is not particularly clear in the heads, it can be addressed in drafting. That is the intention behind head 15. I refer to CCTV and other parties who may make an application to the Garda Commissioner. These provisions are modelled on what is provided for under section 38 of the Garda Act. That relates to potential contractors for An Garda Síochána and relates to Garda surveillance only.

I further understand that no such authorisation has been granted to date in respect of that category of persons who may apply.

Finally, on head 8 and CCTV, and the issue of overt versus covert, I return to head 2 and the interpretation section where the definition of "CCTV" provides for optical devices in public place. We are, therefore, not talking about private spaces; we are talking about public spaces. I appreciate the point around transparency, which will be addressed through codes of practice but on a very basic level we are talking about recording in public spaces.

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