Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I am sharing time with Deputy Costello.

I welcome the introduction of this legislation. The Bill is the latest type of legislation that seeks to prescribe and specify powers to be exercised by members of An Garda Síochána. It is important that before we give significant powers to members of An Garda Síochána, those powers be debated by this House and specified in legislation. In the earlier parts of the 20th century, many of the significant powers members of An Garda Síochána had were ones that derived from the common law, that is, judge-made laws, but it is preferable in a modern society that members of the public are able to look at the legislation and identify where the powers An Garda Síochána is exercising come from. It is of benefit to An Garda Síochána that that is the case and, more important, it is of benefit to the public.

In 2009, the Houses of the Oireachtas enacted the Criminal Justice (Surveillance) Bill, which did something similar to what the legislation before us seeks to do, although it is different in many important respects. That legislation authorised and gave power to An Garda Síochána to conduct surveillance by means of covert operations. Obviously, that is an important part of any Garda function. If we want to investigate crime seriously, we need to ensure the Garda can engage in surveillance, and since 2009, there has been a specific statutory code under which An Garda Síochána can conduct surveillance.

The Bill before us is, in part, different. The significant part of the legislation relates to its proposal to give powers to An Garda Síochána to use recording devices. We have discussed it in the House as being the so-called bodycam legislation but, in fact, it goes much further than body cameras that are applied to the uniforms of members of An Garda Síochána. In fact, it will authorise and permit the use of recording devices by members of An Garda Síochána that go beyond the likes of body cameras. The legislation indicates this type of recording device should, insofar as practicable, be used overtly, meaning the individuals being recorded should be aware they are being recorded. I think this will be of benefit to the detection, investigation and prosecution of crime. What is proposed under the first part of the legislation is that the Garda will be permitted to use recording devices when it believes doing so is necessary to investigate crime or to prevent crimes from occurring, and that is why I think we will see a change in the way Garda operations and investigations are conducted. We all know from our own experience that video evidence can be the best evidence available, and it will be beneficial in the investigation of criminal activity if the Garda knows confidently it can record by video either an ongoing criminal event or the scene of the crime when its members arrive on it, to be used subsequently.

One issue that has arisen relates to the use of recording devices in public and private domains. We have discussed people's right to privacy but we all need to be aware and cautious that when we are in a public domain, such as a public street, we do not really enjoy the same type of privacy we have in places such as our private home or elsewhere. Sometimes we can get confused as to the extent of the right to privacy that individuals enjoy. If I am walking down a public street, people can and do video-record me. I cannot allege that my right to privacy has been breached because, as I walk down the street, a CCTV camera is interfering with my privacy. It does not interfere with my privacy given it is a public place, and I suspect that also applies to other circumstances in places that are also regarded as public.

Moreover, under the legislation, the recording can take place in a private place, and it is clear from the legislation that the purpose is to ensure the occupant will be informed about this and, insofar as practicable, has provided his or her consent for that recording in a private place. Notwithstanding that, the Garda will be entitled to use these recording devices in a private place for the purposes of detecting and investigating crime, which I think will transform policing for the better.

The predominant name that has been applied to this legislation is the bodycam legislation, and one of the recording devices that can be used by An Garda Síochána, and which it intends to roll out throughout the force, is a body camera. That means that when members of An Garda Síochána are carrying out their public work, everything they do in the public domain will be recorded. I think that will be of benefit to policing in this country. It is of benefit to the public that they know and can see how members of An Garda Síochána are interacting with the public and how they are dealing with members of the public who may subsequently make allegations against them.

It will also benefit An Garda Síochána that it will have the opportunity and the responsibility to ensure that whatever it does in the public domain is something it would not be embarrassed to see when the body camera is inspected subsequently.

We have seen how body cameras are used quite effectively around the world. Most recently, there was the tragic case in the USA of Tyre Nichols. Were it not for the body camera material available, we would not be aware of the full detail of that tragic killing. The benefits are considerable. It is important we provide the legislative basis for the use of body cameras by members of An Garda Síochána. It will then pass over to the Commissioner to try to introduce guidelines for their use. It will not be rolled out immediately overnight but I am pleased to hear there is a proposal to roll it out on a pilot basis. We should try to use it and get it up and running as quickly as possible.

However there will be a consequence of which the Minister is aware and he has specified it in the legislation, namely, that the images recorded by the body cameras can subsequently be used and are admissible in court cases. That is expressly provided for in section 44. I would think this will transform civil and criminal litigation. In many situations, particularly when it comes to criminal prosecutions, the person accused of an offence will want to gain access to and have disclosure of the body camera material, and there is no basis on which they could be refused it. Similarly important, I expect that in civil litigation, a lot of additional burden will be put on An Garda Síochána to make data and body camera image available for the purpose of litigation that may involve An Garda Síochána or may, indeed, involve third parties but where the information from the Garda will be relevant.

It will put significant work on An Garda Síochána to try to decipher and set out a plan for how it will make sure that information can be accessed. It is obviously data but I do not know the extent to which it is regarded as personal data. I suspect, like CCTV footage, one cannot just apply for it because one claims it is personal data. However, it will be important information that can be availed of by litigants in either civil or criminal litigation. I believe it will be beneficial to the investigation of crime, to policing in the country and that it will serve the public and the Garda as well.

Another part of the legislation that has not received a lot of scrutiny in the House is the automatic numberplate recognition. That enables gardaí to monitor the use of a particular vehicle. There is a basis for it through authorisation which is provided. It is beneficial that we see these considerable powers the Garda has are grounded in legislation we have been able to debate in the House and vote upon.

Section 21 provides for the power of An Garda Síochána to record certain phone calls. The statutory prohibition is a prohibition on the Garda recording phone calls except in certain circumstances where it relates to designated lines or is authorised by law. The presumption is that your phone call to the Garda will not be recorded, but I suspect in the majority of cases they will be because they will be designated lines. Obviously, emergency calls should be recorded. It is important for the purpose of reviewing An Garda Síochána and protecting important information that they are recorded, but it is important we provide a statutory basis for it.

The next part of the Bill deals with CCTV. It is of great benefit. Communities feel very comfortable when they have CCTV in their communities. There is a mechanism under the Bill for the Garda Commissioner to permit it. There is also a mechanism for local authorities to contact the Garda Commissioner to get permission.

There has been a lot of talk about facial recognition technology. It is not in the Bill at present. I will not comment on it because I have not yet had opportunity to look at it but I hope to have an opportunity to read it in due course and to comment on it then.

We cannot avoid the consequences of technology, which keeps advancing in the world. We are better off trying to stay up with it rather than pretending it does not exist.

See this speech in context