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

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party) | Oireachtas source

I thank the Chairman. I want to continue some of my questions to the Department about elements of the drafting that I am concerned are unnecessarily broad and concerns about a lack of safeguards.

Head 5(1) sets up that the use of the recording will be in areas where gardaí are legally permitted to be, where they are authorised by law or where they are expressly invited or impliedly invited. That kind of context is missing from head 9. Head 9 could apply to the use of drones and be about enabling them. Essentially, we are missing a safeguard that is in a previous head with regard to the use of drones. That is particularly important in the context of whether the gardaí should need a warrant with regard to the use of drones in monitoring somebody's private house. I would like to see that discrepancy addressed. Will it be possible to address that discrepancy in the future drafting?

One of the other issues then is with regard to head 18. When read in the context of the definitions in the interpretation in head 2, the "relevant data" seem to be relegated to "Automatic Number Plate Recognition". If that is what it is about, why not say that? The reading of head 18 as it stands now, without that context from head 2, seems to be very concerning. It seems to give carte blanchein terms of investigatory powers and demanding data. It would be a watering down of many of the protections and requirements for getting a warrant or judicial warrant with regard to phone or bank records or things like that. As I said, the way it is drafted means it is about the relevant data under head 2, which are defined simply as "Automatic Number Plate Recognition". I do not understand why head 18 is drawn so broad for one small piece of data. Again, that is part of my theme about unnecessary broadness and a concern around lack of safeguards.

They are the issues I would like to see addressed along with head 15 in relation to a lack of urgency test and an unnecessarily long period of 72 hours. I appreciate there are times when evidence may be destroyed when there is a need to act quickly from the gardaí. As I said, however, if we compare that to other legislation around warrants and searches, there is an urgency test as well as the idea of independence and the rank of superintendent or higher, which is entirely missing from head 15. The Department might comment on those points and whether those concerns will be addressed during the drafting process.

Comments

No comments

Log in or join to post a public comment.