Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I move: "That the Bill be now read a Second Time."

I am delighted to have an opportunity to introduce the Garda Síochána (Recording Devices) Bill 2022 to the House. I look forward to hearing contributions from Deputies today and in the coming days. As Deputies will be aware, this Bill is aimed at providing a robust statutory basis for the operating of recording devices by An Garda Síochána.

An Garda Síochána plays a vitally important role in our society. Its members are on the front line every day keeping people safe and serving our communities. We know they do this at great personal risk to themselves. It is important that I take this opportunity, on the floor of Dáil Éireann, to condemn, in the strongest possible terms, all recent attacks on members of An Garda Síochána. I am sure I am joined by every Member of this House when I say that we must and will do everything in our power to prevent and discourage such attacks and call out and condemn them.

We have seen a number of incidents in recent weeks where gardaí have been seriously injured. I am sure we all absolutely condemn these incidents. We have also seen something else, however. We have seen threatening behaviour from people who are intent on sowing division in our society. These people have not only intimidated and threatened citizens and people who are seeking our help. They have, in some instances, also sought to intimidate and threaten members of An Garda Síochána, a force that is protecting our communities. This simply cannot and will not be tolerated. Our gardaí will always have our full support and the full rigours of the law will always apply to those who seek to intimidate or breach the law.

Today, we are taking another step forward with this legislation in supporting and protecting the men and women on the front line in An Garda Síochána through the introduction of body-worn cameras. Gardaí will now be able to gather evidence of thuggish behaviour and secure convictions.

In the modern, fully digitalised society, criminals, especially organised crime gangs, have access to increasingly sophisticated digital tools to carry out their objectives. It is of crucial importance that An Garda Síochána has access to the latest technology if it is to counter such challenges. A modern police service simply must have effective and up-to-date digital tools to keep our communities safe and protect themselves from those who would do them harm. The principal objective of the Bill is to provide An Garda Síochána with those important tools.

As Minister for Justice, I cannot and will not stand over a situation where we do not equip gardaí with what they need, not only to tackle criminals but also to keep pace with what are common policing practices worldwide. Policing services across the world have gained significant benefits from the introduction of these technologies. People will have seen their effective use in fighting and solving crime in other jurisdictions. One of the key features of this Bill is the introduction of body-worn cameras. The Garda Commissioner and Garda representative bodies have long called for the introduction of these cameras, and I have heard those calls clearly. This technology has the potential to deter attacks on Garda members and, where attacks do occur, it can provide strong evidence to bring perpetrators to justice.

I know from speaking to front-line gardaí that the first moments after they arrive at the scene of domestic abuse are key to gathering evidence, which can then be used to protect the victim and ensure the perpetrator is brought to justice.

As our road network improves, so too does the ability of criminal elements to move widely and swiftly and evade detection. The Bill enhances the circumstances in which automatic number plate recognition, ANPR, may be used by An Garda Síochána. By linking into a network of certain bodies such as the National Roads Authority, NRA, we will ensure that data are made available to Garda investigations in a timely manner. This could be of significant benefit to gardaí when, for example, they are trying to track down a vehicle they suspect may have been used in serious crime or may be carrying suspects or even a victim whose life might be in danger. ANPR allows An Garda Síochána to track the movement of vehicles, potentially preventing crime and saving people from serious harm.

ANPR allows An Garda Síochána to track the movement of vehicles, potentially preventing crime and saving people from serious harm. Everyone in our communities is entitled to go about their business in confidence and without any form of harassment. CCTV schemes can assist An Garda Síochána to ensure this entitlement is fully enjoyed. CCTV schemes have long played a key role in preventing crime and protecting communities and businesses.

I want to emphasise my respect for the right to privacy of all our citizens. However, no doubt I am joined by my colleagues across the House when I say that I firmly believe that criminals do not have a right to privacy such that it can aid them to evade investigation, arrest or prosecution. Members of An Garda Síochána should not have their hands tied behind their backs when it comes to fighting crime or detecting crime and putting criminals behind bars. It is important there are safeguards. It is important that people’s privacy and personal data are protected. At the same time, we need to and must make sure there is no ability for people, criminals in particular, to hide behind that.

This Bill will deliver on two important commitments in the programme for Government, namely, to implement the recommendations of the Report of the Commission of the Future of Policing which called for the use of body-worn cameras to enhance the front-line capability of An Garda Síochána, and to extend the powers governing Garda use of CCTV and automated number plate recognition, ANPR, to help to prevent crime and to prosecute those involved in criminal activity.

The Bill before us is divided into nine Parts and I will now outline briefly the key provisions.

Part 1 sets out the key definitions of the Bill including "recording device" which is necessarily broad in order to future-proof this legislation, and includes devices capable of recording or processing records. Transitional arrangements for existing Garda or community CCTV are set out in section 7. A period of up to four years to transition to the new arrangements is provided for. I believe this will give ample time for the new processes to become established and ensure CCTV schemes are GDPR-compliant going forward.

Part 2 of the Bill deals with the use of recording devices generally by An Garda Síochána in public places and in places where they are invited or permitted to be. This includes the use of recording devices on vehicles, aircraft and on Garda dogs. Since the definition of a recording device is broad, it would allow, among other devices, for recording from body-worn cameras, cameras, smartphones, tablets, dashcams and camcorders. Policing organisations around the world have found that body-worn cameras can help to improve front-line capability with the accurate recording of incidents. It can expedite analysis, bring about enhanced situational awareness and protect police from harm. Where body-worn cameras are in use there is a requirement that a visible indicator clearly displays that it has been switched on.

Part 3 will give An Garda Síochána the power to use ANPR for other policing and security functions. By designating certain bodies to transfer on an ongoing basis the ANPR records they create, it will provide An Garda Síochána with access to a range of ANPR cameras in strategic locations. The three bodies named are DAA plc, which is Dublin and Cork Airports, Dublin Port Company and the National Roads Authority, NRA, which has a network of ANPR cameras along the motorways in Ireland. Other bodies can be designated at a later date, if necessary.

Use of ANPR for "focused monitoring" of a vehicle is provided for and will allow An Garda Síochána to monitor a vehicle for up to three months where it is related to an arrestable offence or to a matter relating to national security. The use will have to be justified and approved by a superintendent or higher, and any continued "focused monitoring" beyond three months will have to be authorised by a judge of the District Court. Retrospective searches of ANPR data will also be permitted for specific purposes and can be approved by a Garda of the rank of sergeant or higher.

Part 4 addresses an outstanding recommendation from the Fennelly Commission of Investigation. This voiced concern over the legal basis for recording of both emergency and non-emergency lines by the Garda.

Part 5 provides for a new authorisation process for CCTV schemes. Authorisations may only be granted to Garda personnel or to local authorities and these authorisations will have expiry dates. That is not to say that community groups can no longer be involved in the process. It is a priority for me that they should continue to have a role. This will include an important role for community safety partnerships which will develop community safety plans with strong local input. Any future amendments or additions to a CCTV scheme would have to be notified to the Garda Commissioner who would determine whether a new authorisation is required. Deputies will be aware of the concerns raised by the Data Protection Commission about the current arrangements. This Bill will put more controlled arrangements on a firm statutory footing.

Part 6 will give a power to An Garda Síochána to process live feeds of third-party CCTV systems, such as those belonging to private shops, venues or stadiums, with judicial approval or where the access is required for less than 72 hours, with internal approval from a superintendent or higher. This Part, however, will not prevent An Garda Síochána from viewing third-party CCTV where the third party has freely allowed them to do so. The Data Protection Act allows a third party to share data with An Garda Síochána where it is for law enforcement purposes.

Part 7 provides for the Garda Commissioner to authorise the installation and operation of CCTV in Garda premises for the safeguarding of people or property, and for preventing, investigating, detecting, or prosecuting criminal offences. This includes private areas of Garda premises such as custody suites and temporary structures, and places the use of CCTV in Garda stations on a firm statutory basis.

Part 8 sets out the codes of practice which will need to be drafted by the Garda Commissioner for Parts 2 to 6 of the Bill. The codes of practice will be important in setting the standards and procedures under which Garda personnel will operate recording devices. These codes will outline requirements in relation to storage, access, retention, deletion and data subject rights. It is perhaps important to emphasise that in the interests of transparency, the draft codes will be made publicly available by the Garda Commissioner so that representations can be made, and there will be numerous bodies, including the Data Protection Commission, that the Commissioner will need to consult during drafting. The codes must be approved by ministerial order and the final text of the code will appear in the order declared. Deputies should note that retention periods for recordings and data captured under this Bill will also be set out in the codes. Retention periods will follow international best practice.

Part 9 relates to miscellaneous provisions. These include provisions relating to the admissibility of evidence, the review of Parts 3 and 6 by a designated judge of the High Court, and provide for an amendment to the Garda Síochána (Surveillance) Act 2009.

I will speak briefly about the amendments that I intend to bring on Committee Stage. As Members will be aware I intend to bring a report to the Government on the use of facial recognition technology, FRT, by An Garda Síochána. FRT has potentially transformational benefits in regard to certain specific areas of police work, in particular retrospectively examining CCTV which is already in the possession of An Garda Síochána. The accurate and efficient identification of suspects and equally, the elimination of individuals from inquiries, are key pillars to ensure that An Garda Síochána meets its statutory obligations. The ability to automate searches on legally held images and footage would allow the organisation to operate more efficiently and effectively. The current process of long manual searches which potentially involves a team of gardaí manually going through CCTV footage for months to find a short few clips which may be relevant to an investigation, is well outdated and extremely inefficient. This is particularly the case where time is of the essence. Members can imagine manually having to go through hours and hours, indeed hundreds of hours of CCTV footage where time is of the essence in a murder investigation, or where there is a missing person or child abuse, when we simply do not have the time to spare. It is in the interests of all parties, not least the victims of crime, to have criminal investigations pursued as effectively and rapidly as possible. The circumstances and environment in which FRT would be used are limited to specific-use cases which are, in my view, completely justifiable. The Garda Commissioner and staff have made a compelling case for the use of this technology in certain limited circumstances. When the Minister for Justice hears from the Garda Commissioner in regard to this, it is important to relay that to the House. It is important that a Minister for Justice would seek to act on that.

Retrospective facial recognition technology, RFRT, would aid the identification of suspects who are suspected of having carried out an arrestable offence. A striking example would be Garda work in combatting child sexual abuse online. As things stand, gardaí are forced to review what could be hundreds of thousands of the most harrowing images or footage of these crimes. Should FRT eventually be included in this Bill, gardaí will be able to utilise that tool in order to quickly identify both victims and perpetrators. I appreciate that there are different, genuinely and sincerely held views on this issue in the House, and indeed outside it. That is why, in the coming weeks, I will engage further with colleagues in the Government and others on FRT. The central theme of the Bill is that any proposed use of a particular technology must be necessary and proportionate.

That approach would continue with any amendments that I bring forward in regard to the inclusion of facial recognition in the Bill being subject to considerable safeguards and oversight. This would include judicial oversight over the operation of this technology, a strict prior approval mechanism for its use and Garda personnel remaining responsible as decision-makers, meaning that there would certainly not be any "machine” decision-making process. Data protection impact and human rights impact assessments will be required and, just like other crucial aspects of this Bill, any inclusion of facial recognition technology would be subject to a code of practice so as to ensure transparency as to the procedures involved in the use of such technology.

One final point that I feel is important to make is the place of victims in consideration of the inclusion of FRT. The Government has placed an emphasis on ensuring that the voice of victims is heard throughout the criminal justice system. I believe very strongly that any inclusion of such amendments would be an important aid to victims in furthering investigations as quickly as possible. I want to be very clear that, at the moment, the factual position of the Government is that FRT will receive consideration and there will be a report to Government before Committee Stage of this legislation. I am eager to engage with members of the Government and the Opposition to ensure we get it right and we arrive at the right point. I hope there will be an opportunity for Members of the Oireachtas in an appropriate way to perhaps hear the perspective and views of An Garda Síochána as to why they believe this can genuinely help them as they go about their jobs.

The Bill is about providing transparency to us all as to the standards and procedures that gardaí must follow when using recording devices under this Bill. The tenth principle of the Commission on the Future of Policing in Ireland report is that policing must be innovative, adaptive and cost effective. In the current environment, we need An Garda Síochána to have the tools and resources to combat crime and to fulfil its primary duty of protecting the public. There are compelling reasons gardaí should be allowed access to technology and to body cams, and there are strict requirements under law to introduce clear and sufficient safeguards around this.

Today is an important day. It is a day when the Dáil and the Oireachtas come together to begin the passage of a law that will allow front-line members of An Garda Síochána - the men and women who put on the uniform and go out and put themselves in harm's way to keep us safe - access to devices that will help to keep them safe and help them to bring perpetrators to justice. I want to end where I began, in condemning in the strongest possible terms recent attacks on members of An Garda Síochána, and in calling out the fact we are seeing people in certain circumstances, not just trying to intimidate members of communities, but also trying to intimidate the men and women of An Garda Síochána. We must never accept that and we will never accept it. We must ensure it is met with the full rigours of the law. We must ensure we legislate to provide that protection through body-worn cameras and further additional protection for gardaí. I commend the Bill.

See this speech in context