Dáil debates
Thursday, 13 June 2024
Protection of Accident Victims from Non-Consensual Recording of Images Bill 2022: Second Stage [Private Members]
3:05 pm
Duncan Smith (Dublin Fingal, Labour) | Oireachtas source
Before I begin, I wish Martin all the best in his retirement and thank him very much. I had the privilege of being in this House as both a Member and a staff member for a number of years, and the courtesy I was shown did not differ. That is the same for everyone, which is a testament to Martin and his colleagues, so I wish him all the best.
I move: "That the Bill be now read a Second Time."
I am seeking Government support for this Bill. The purpose of this Bill is to criminalise and make an offence of the practice of recording and sharing images of victims of road traffic accidents.
This is something we should never have to bring to our Parliament. It is a ghoulish and morbid practice that seems to have developed over the past four or five years. I am sure all of us have listened to the radio and heard about road traffic accidents, and within the same breath there is an appeal by gardaí for images not to be shared online or on social media platforms. Why anyone would do that is beyond me and the vast majority of people up and down this country.
In conjunction with a colleague of mine in Cork, Councillor Peter Horgan, who shares my revulsion at this practice, I looked into this and saw that it was not an offence to carry out such an activity. That is where this Bill has come from. I introduced the Bill on First Stage over a year ago. It has been in the Bills lottery and I am delighted it has been chosen. I have had a number of opportunities to speak about it in the media and at public engagements. It has received cross-party support, as well as support from road traffic accident groups and individuals who have contacted me from all over the country. Following any media appearance, I have been inundated with emails and messages in support of this simple Bill. It is a Bill aimed at restoring or demonstrating a basic threshold of decency that the majority of us would not have to think twice about.
I am bringing forward the Bill in the context of our road safety numbers going in the wrong direction. Unfortunately, more people are dying and there are more road traffic accidents and serious injuries. We can talk about a whole piece of work around that on another occasion. This Bill would provide for a class A fine or imprisonment of up to 12 months for an offence, which would send a really strong message, similar to Coco's Law, that this is unacceptable and the Irish people do not accept this kind of behaviour. It is as disrespectful and distressing an intrusion into private grief as one could possibly imagine.
When the Bill was selected from the Bills lottery a few weeks ago, I wrote to Deputy Simon Harris, who had just been elected as Taoiseach and had stated that road safety would be one of his key priorities for the duration of this Government. I wrote to him in the hope that his Government would support this Bill's passage through the Houses and into law before the next general election, whenever that might be.
A couple of provisions in the Bill are worth putting on the record. The Bill does not stop people from having dashcams, which are very important for gardaí and emergency services who seek footage to understand how traffic accidents happen. That is protected. The Bill would not stop people who are providing emergency first aid at the scene of an accident and need the assistance of emergency services from sharing images that might help victims. There is a public interest defence and some common sense provisions to protect people in the Bill. We all know what practice the Bill is aimed at. Nobody should ever see the victim of a traffic accident in shock or a minor or serious injury or death on a WhatsApp message, TikTok, Instagram, Facebook or anything else.
I would love the Bill to be passed along with whatever amendments happen on Committee Stage. I welcome the chairperson of the justice committee to the Chamber. I would also accept an amendment to a justice Bill that would ultimately deliver the same thing. I have nothing more to say on this and I do not think there is much more to say. I look forward to the response of the Minister of State and anyone else who wishes to contribute.
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