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. Philip McAnenly:
I thank the Chairman and the members of the committee for providing us with this opportunity to meet them and make a submission. I want to take just ten seconds to point out we were somewhat surprised and even astounded we were not given the same opportunity when the general scheme on policing, security and community safety Bill was released.
As we represent almost 100% of the 11,800 rank-and-file and front-line members of An Garda Síochána, we believe it might have been an oversight on the part of the committee to not include us as a stakeholder. We ask the committee to reflect on that.
On the GRA's position, the availability of body-worn cameras has the potential to enhance the safety of members of An Garda Síochána and protect them against malicious and vexatious complaints and from that point of view, this development is very welcome. Body-worn cameras also have the potential to gather better evidence to assist in the prosecution and, ultimately, the conviction of offenders. If we look at the context, the increasing level of assaults against gardaí is well documented and in 2020, almost 1,000 of our members were assaulted in the course of their duty. Gardaí, like many other victims of crime, often express frustration that the penalties imposed on assailants are unduly lenient and do not reflect the severity of the attack. Body cameras allow a judge and jury to relive the experience of the assaulted officer from a very unique viewpoint. The camera, after all, does not lie, as long as the chain of evidence is properly processed and protected.
Our Garda members approach the debate around body-worn cameras from the perspective of protecting themselves and their colleagues. However, the benefits also extend to the victims of crimes that our Garda members investigate. As first responders, gardaí are often present at crime scenes in the immediate aftermath. The appropriate use of camera technology provides an impartial and clinical recollection of crime scenes, road traffic collisions and comments made by both the victims and the suspects.
While the body-worn cameras are welcomed, the current draft of the Bill may cause confusion and fear among gardaí because there is a suggestion that we may be subject to both civil and criminal liability and prosecution. If it is directed that members wear body-worn cameras in accordance with an agreed protocol and procedure, with appropriate and essential training, a garda should not be at risk of private or civil actions. In this age of data protection and personal privacy, gardaí cannot be held personally liable in any such actions for invasion of privacy or breach of data protection while carrying out their duties, and any such actions must be indemnified by An Garda Síochána.