Dáil debates
Wednesday, 29 November 2023
Garda Síochána (Recording Devices) Bill 2022: From the Seanad
3:10 pm
James Browne (Wexford, Fianna Fail) | Oireachtas source
For robustness of language and consistency throughout, there are minor technical amendments to ensure that the Bill, when enacted, is able to withstand the challenges that may follow from those who do not respect the law as demonstrated last Thursday. Greater access to automatic number plate recognition, ANPR, will help with longer-term investigations while reducing the time it takes to collate evidence and track suspects. This will enhance An Garda Síochána's investigations generally and bring benefits in every area of policing including public order and tackling incitement by the far right, again, such as we saw last Thursday.
Amendments Nos. 2 and 3 are minor technical drafting amendments regarding the definition of "body-worn camera" and will insert the word "a" before both "uniform" and "helmet"
Amendment No. 4 is a technical amendment to update the expenses provision of the Bill to change the name of the "Department of Public Expenditure and Reform" to the "Department of Public Expenditure, National Development Plan Delivery, and Reform". As Deputies are aware, the Government formally agreed to change the name of the Department with effect from 1 February 2023.
Amendment No. 5 ensures the wording is clear in respect of a recording device being operated on an animal.
Amendment No. 7 ensures it is clear that the offences relate specifically to the operation of recording devices under Part 2.
Amendments Nos. 8, 24, 60 and 66 include the word "to" after "damage" to align with the language used in the offence provisions around damage and destruction of recording devices or CCTV.
Amendments Nos. 9, 25, 61 and 67 change semicolons to commas in sections 11, 20, 32 and 41.
Amendment No. 12 clarifies that it is the "utilisation of the ANPR" that is referred to in the first subsection. Although ANPR is operated on a recording device, it is considered more consistent to refer to the utilisation of an ANPR in this section.
Amendments Nos. 13 and 14 ensure consistency in references to this section. The definition of the utilisation of ANPR in section 12 includes the operation by a member of Garda personnel of ANPR from a recording device.
Amendments Nos. 16 and 18 are minor changes to subsection (1) of section 17 and subsection (1) of section 18 that will remove the word "data". As I mentioned, the utilisation of ANPR is defined in section 12. The definition includes the processing of ANPR data, which is also defined in that section.
Amendment No. 17 is an amendment to section 18(1) that will make it clear that the reference to "that period" refers to the three-month period in that subsection and not any other time period. The three-month period referenced is the maximum period in which ANPR data may be utilised to monitor movements of a particular vehicle via the internal approval procedure. Section 17 provides that the approval shall be for as short a period as in the opinion of the member of An Garda Síochána granting the approval is reasonably required.
Amendments Nos. 19, 20 and 22 ensure there is consistency of references to the District Court judge in section 18.
Amendment No. 21 clarifies that it is the last renewal that must still be valid when making an application for a renewal.
Amendment No. 23 inserts the word "of" after "type".
Amendment No. 29 changes the word "under" to "specified in". This is just about the wording of subsection (2)(b)(i) and aligns it with the language used under section 22 where it refers to the purposes set out in section 21(3).
Amendment No. 31 changes the word used to "or" in section 24.
Amendment No. 42 is a minor drafting amendment to section 26 for consistency in language in the Bill in respect of references to data.
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