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 James LawlessJames Lawless (Kildare North, Fianna Fail) | Oireachtas source

We are resuming our engagement on the general scheme of the An Garda Síochána (recording devices) (amendment) Bill. We invite those witnesses joining us online to log in. They may take a minute to do whatever they need to do. If the witnesses are online, we are trying to get them connected. They might be able to hear us but not see us. We are working on it. I welcome our online witnesses. I think I can see everybody. I can see six faces and hopefully they can all see us. Will they raise their hands if they can hear me? Super. I think everybody is good.

I thank everyone for joining us. We are about to commence the second part of a session we are holding on the An Garda Síochána (recording devices) (amendment) Bill. I thank this round of witnesses, who are appearing remotely. I will introduce them all now. I formally welcome Dr. Abeba Birhane. I cannot quite see the names on the board, so I ask the witnesses to put their hands up when I call them so I know who is who. Dr. Birhane is a senior adviser in AI accountability at the Mozilla Foundation and an adjunct assistant professor at the school of computer science and statistics at Trinity College. She is very welcome. I welcome Dr. Daragh Murray, senior lecturer and IHSS fellow at the school of law at Queen Mary University of London and UKRI future leaders fellow. I welcome Dr. Nessa Lynch, who I think I can see in the top left corner. She is the Matheson lecturer in law, technology and innovation at University College Cork and a research fellow at the faculty of law at Victoria University of Wellington, New Zealand. I welcome Professor David Kaye from UC Irvine school of law and Ms Hinako Sugiyama, digital rights fellow and lecturer in UC Irvine school of law. I see them in the top right and bottom middle on my screen. I welcome Dr. Ciara Bracken-Roche, who is on the bottom left of my screen, if I am correct. She is assistant professor and director of internationalisation at the school of law and criminology at Maynooth University.

From the Department of Justice, we are joined by Ms Rosaleen Killian, principal officer, and Mr. Frank McNamara, legal researcher.

When witnesses are speaking, they should ensure their microphones are not on mute. They should ensure that they are on mute when not speaking in order to avoid interference. Everybody is used to this now ,but we still trip ourselves up every so often.

Members have already been served with a warning on parliamentary privilege but witnesses joining the session should note the long-standing parliamentary practice to the effect that they should not criticise or make charges against any person or entity by name or in such a way as him, her or it identifiable, or otherwise engage in speech that might be regarded as damaging to the good name of any person or entity. If witnesses are directed to discontinue their remarks on the grounds that they are potentially defamatory or otherwise in breach of the Houses' rules, it is imperative that they comply with any such direction. Therefore, if statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks, and any such direction must be complied with.

For witnesses attending remotely outside the Leinster House campus, there are some limitations to parliamentary privilege. They may not benefit from the same level of immunity as a witness physically present does. That is the age we are in, and we are used to it at this stage; it is just a question of mentioning the housekeeping note at the outset. Witnesses participating in this committee session from a jurisdiction outside the State are advised that they should also be mindful that domestic law could be applied to the evidence they give.

I invite the representatives to give a short opening statement on behalf of their organisations. Three minutes is the norm for such statements. After three minutes, I may have to interrupt and move on to the next speaker. Once the opening statements are completed, we will have a rota system whereby members will each have a six-minute slot in which to engage with the witnesses and ask questions. I will move from member to member in the order in which they have indicated.

We have a relatively short window for the meeting tonight because there are several meetings today. Therefore, I ask everybody to remain focused. I will move things on if I need to have the appropriate times.

I am delighted to have such professional and esteemed witnesses with such expertise in this area. We are very lucky to have this expertise available to us in our deliberations. I call on Dr. Birhane, who has three minutes in which to make her opening remarks.

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