Oireachtas Joint and Select Committees

Tuesday, 13 February 2024

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion

Photo of Alan FarrellAlan Farrell (Dublin Fingal, Fine Gael) | Oireachtas source

I take the Commissioner's point on board. I will go back to Mr. McGarr. He mentioned the use of the parameters set out in the heads of Bill and the schemes used in other jurisdictions. Given it is individual officers who will assess the information in front of them, one of the points is that if a scenario arises where an individual before the courts disputes the identification of himself or herself in footage used by An Garda Síochána - perhaps Mr. Garrett will have a view on this as well - it is ultimately a matter for the Judiciary to make a decision. Under the Bill, or Act if it goes into law and is then used by An Garda Síochána, it is not technically AI that will determine whether this is the individual. It will be determined by an individual garda based on a profile, including height and build. Height and weight were mentioned as regards profiling of individuals. From an evidentiary perspective, is that a problem? Does Mr. McGarr envisage it being a problem?

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