Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I too wish to acknowledge the importance that many communities attach to CCTV and the sense of security it can bring. The key point is that these are community CCTV schemes, not Garda CCTV schemes. An Garda Síochána previously indicated to my Department that it uses CCTV in almost every criminal investigation, during major public events and sporting occasions, in the investigation of road traffic incidents and in many other areas which require it to take action. It considers that CCTV is particularly effective when the cameras are evident in a way which raises awareness among would-be offenders. I agree with the Deputy on the importance and value of this issue.

The law in respect of CCTV is longstanding. As the Deputy pointed out, community CCTV is governed by section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006. This legal framework requires that any proposed community CCTV scheme must be approved by the local joint policing committee; have the prior support of the relevant local authority, which must also act as data controller; and have the authorisation of the Garda Commissioner. That is the legal basis for all community CCTV schemes regardless of how they are funded. These key legal requirements, including the legal requirement for local authorities to act as data controller, have not changed since 2006.

I wish to be clear that this longstanding 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 scheme from operating in its functional area. In effect, the current legislative structure is an enabling one which empowers local communities and local authorities to establish a community CCTV system to which the Garda has appropriate access, provided they meet the statutory requirements, including that the local authority is prepared to assume responsibility.

It may be of reassurance for the Deputy to know that the Data Protection Commission issued a practice note in November 2018 confirming there is a legal basis for community CCTV and that the general data protection regulation does not introduce new barriers in that regard. It stated:

Data protection legislation does not stand in the way of the roll-out of Community based CCTV schemes that have been authorised by the Garda Commissioner. Once the local authority in the administrative area concerned is willing to take on and deliver on its responsibilities as a data controller for the schemes concerned, there is no legal impediment under data protection legislation to the scheme commencing.

According to information provided to me by the Local Government Management Agency and the County Council Management Agency on behalf of local authorities, at least 28 of the 31 local authorities are or have undertaken the role of data controller for specific community CCTV schemes within their areas.

On funding, there is maximum grant aid of €40,000 or up to 60% of the total capital cost. Earlier this year, I expanded the grant aid scheme to allow funding applications for extension or upgrade of existing community CCTV systems in addition to providing for new systems. To date, 22 schemes have been approved, amounting to grant aid of slightly more than €560,000. If the Deputy is aware of further groups in County Louth or elsewhere which wish to avail of the scheme, I ask him to advise them to check the website of my Department for the current regulatory framework.

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