Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I am not sure what the Deputy has put forward in terms of alternatives. I can say, however, that the requirement for local authorities to act as data controller for the schemes is a statutory one set out in the Garda Síochána CCTV order of 2006. It is a legal requirement for any proposed scheme that the relevant local authority act as data controller. This is the law. It has not changed.

I would further note, however, that the power to establish the criteria for CCTV schemes is now a matter for the Policing Authority by order made with the approval of Government. The statutory framework does not place an obligation on local authorities to take part in community CCTV. However, if a local authority decides it is not prepared to act as data controller for community CCTV, this prevents the community scheme from operating in its functional area. In effect, the current legislative structure is an enabling one that empowers local communities and local authorities to establish a system to which gardaí have appropriate access, provided they meet the statutory requirements.

I am not sure if Deputy Byrne is proposing that we disregard the statutory requirements, which include the fact the local authority is prepared to assume responsibility as data controller. By contrast, Garda CCTV is set up by the Garda and is a different scheme under different regulations and a different framework. That is set at locations that have been chosen and prioritised by the Garda, whereas the community groups are in locations chosen and prioritised by local communities, and that is the essence of the scheme.

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