Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I thank the Deputy for raising this issue. As he said, the deployment of body-worn cameras by An Garda Síochána has been sought for some time. The recommendation in this regard was made by the Commission on the Future of Policing in Ireland in September 2018 and work commenced on the legislation in March 2019. The Deputy has raised the issue many times in the Dáil and I know he is keen to make sure the provisions are introduced as quickly as possible.

Justice Plan 2022, which I published this week, commits to the publication of the Garda Síochána (digital recording) Bill, which relates to Garda powers to use modern digital technology, including body-worn cameras, automatic number plate recognition, ANPR, and CCTV, with a view to enactment by the Oireachtas. There were three parliamentary questions earlier this evening on CCTV, which shows the legislation is extremely important for many reasons. I secured Government agreement for the general scheme of the Bill on 29 April 2021. It was then sent to the Office of the Parliamentary Counsel for formal drafting, which is continuing. It is my intention to publish the Bill in the second quarter of 2022 - in a matter of weeks, in fact - with a view to its passage through the Oireachtas later this year.

The introduction and deployment of body-worn cameras will require a strong legislative basis to make sure it is compatible with data protection and privacy rights, as the Deputy rightly mentioned. Any new system for recording incidents will affect a person's right to a private life and, therefore, it is reasonable that sufficient time is taken to prepare the legislation to ensure that any intrusion on people's privacy is both necessary and, of course, proportionate. To this end, the general scheme of the Bill builds in a number of safeguards for the public. First, the Garda Commissioner is obliged to consult a number of bodies regarding the roll-out of the legislation. Second, a human rights impact assessment, HRIA, and a data protection impact assessment, DPIA, will need to be carried out. Third, a code of practice shall be prepared, comprehending a range of public safeguards. The code will include standards for the confidentiality of recordings, security of data, storage arrangements, data access, data retention and data subject rights. When it is completed, it will be submitted to me, as Minister, for approval for inclusion in a statutory instrument. The code must be reviewed at least every five years. In line with Justice Plan 2022, my Department officials will work closely with An Garda Síochána during the year to ensure the timely development of the code. There are a number of elements that have to progress and it is important that they are done in parallel rather than separately.

My Department has engaged extensively with An Garda Síochána and the PSNI during the preparation of the general scheme, as well as with other strategic partners, including the Office of the Data Protection Commissioner, the Irish Human Rights and Equality Commission, IHREC, and the Irish Council for Civil Liberties, ICCL. I thank all the stakeholders for their contribution to the development of this important legislation. The immediate Government priority is for the Bill to be published and enacted by the Oireachtas. As the Deputy will be aware, the Government is committed to providing the required resources for the implementation of the recommendations of the Commission on the Future of Policing in Ireland. We already have dedicated almost €147 million in capital spending in budget 2022 for the further development of An Garda Síochána's estate, including its ICT infrastructure and the Garda fleet. My officials and I will continue to engage actively with the Office of the Attorney General to progress the legislation as swiftly as possible.

As the Deputy outlined, there are a number of positives to the Bill. It is about making sure gardaí, when they arrive on the scene of a crime and engage with perpetrators and victims, particularly in domestic violence cases, can take advantage of the first few seconds, which can be absolutely crucial in gathering evidence. The ability to have that evidence available through body-worn cameras will be invaluable. The Garda Commissioner is very keen that the legislation be progressed. As the Deputy rightly mentioned, it also is about ensuring gardaí are safe. They have a very tough job and deal with very difficult situations. We need to make sure they are protected at all times. By being able to use these cameras, they can deter people where incidents, potentially, are about to happen.

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