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

Mr. Bob Collins:

Not specifically on that but on an earlier point on the specific issue of head 15. Not only does that give 72 hours, but it allows that period to be extended in circumstances where the authorising officer believes that it may be necessary to extend it. That will usually come towards the end of that period and then pending the making of a judicial determination, the initial permission continues. It could, therefore, be a considerable time beyond the 72 hours and that is an issue that needs to be looked at.

Second, referring back to a number of contributions from Deputies and Senators, the code of practice is critical, as the Department's representative just said, which amplifies and reinforces why at all stages - initial and renewal stages in respect of both codes - that the code of practice should be the subject of public consultation because of the significance of the code beyond the significance that the legislation itself contains why there needs to be public consultation on those.

There is no doubt that the Policing Authority or its successor will review this issue in the context of its continuing and specifically its annual review of An Garda Síochána performance in respect of its policing priorities and its policing plan and that this will come under constant and continuing engagement and oversight by the Policing Authority or the policing and community safety authority that will emerge from the other legislation when it is enacted.

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