Helen McEntee (Meath East, Fine Gael) | Oireachtas source

Deputy Costello outlined the provisions setting out where the person can go. This applies to where the garda is with the piece of technology. If it is a body-worn camera, it is obviously worn by the garda who will need permission to go to a certain place. If it is worn by a dog or a member of the canine section of An Garda Síochána, the person will be with the dog. If it is a phone or device which a garda decides to use in circumstances where he or she believes it is necessary to record, the garda will obviously be present. Where we cannot apply this is where a drone is used and the garda and drone are not in the same place. The garda could be in a control room or on the ground somewhere so the provision will not apply in that case.

The Bill will provide for a legal basis for the use of recording devices on drones. There will have to be engagement with the Data Protection Commission, DPC, and the Irish Human Rights and Equality Commission, IHREC, among other bodies, to set out a code of practice to make sure these devices are used in the correct manner, as far as possible. The code of conduct or practice, which will probably be discussed in later amendments, will be made public. The commissioner will have the ability to engage with me and the bodies I mentioned. Members of the public will also be able to comment or raise issues or concerns they have.

Given their nature, it will not possible to get the consent of all those who a drone, aircraft or helicopter flies over. It could fly over 20 houses literally for one second, so it will not be physically possible to do get consent in such cases. However, we have to ensure that where information is not required, certain images are blurred or not used. This can be done through the code of conduct or code of practice. The nature of operating a drone is that the operator is not with the drone. This comes back to the code of conduct, which is not set out in the Bill. It will be an operational matter but there will be a very clear process for An Garda Síochána to set out in the code of conduct how it will work. The Deputy and I, as well as anybody else, including members of the bodies I mentioned, will be able to engage in that process.