Dáil debates

Thursday, 17 February 2022

Ceisteanna Eile - Other Questions

An Garda Síochána

11:50 am

Photo of Neale RichmondNeale Richmond (Dublin Rathdown, Fine Gael)
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96. To ask the Tánaiste and Minister for Justice and Equality when body-worn cameras will be introduced for An Garda Síochána; and if she will make a statement on the matter. [7770/22]

Photo of Neale RichmondNeale Richmond (Dublin Rathdown, Fine Gael)
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Four years on from the recommendations of the Commission on the Future of Policing, what is the status of the introduction of body-worn cameras for members of An Garda Síochána?

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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In Justice Plan 2021 I committed to introducing legislation to provide for the introduction of body-worn cameras, in line with the recommendation of the Commission on the Future of Policing in Ireland to which the Deputy refers. The commission in its report stated that policing organisations around the world have found that such devices can help improve front-line capability with the accurate recording of incidents, as well as expediting analysis, enhancing situational awareness and sometimes protecting police from harm.

In April 2021, I secured Government agreement to publish the general scheme of the Garda Síochána (digital recording) Bill 2021. The Bill has three purposes: first, to provide a legal basis for the deployment and use of body-worn cameras by An Garda Síochána; second, to provide for the extension of the circumstances in which CCTV may be authorised, taking account of the general data protection regulation, GDPR, and the law enforcement directive; and, third, to provide an updated legal basis for the deployment of automatic number plate recognition technology by An Garda Síochána.

My Department has engaged extensively with An Garda Síochána, the Garda oversight bodies and strategic partners during the preparation of the general scheme, as well as the Office of the Data Protection Commissioner, the Irish Human Rights and Equality Commission and the Irish Council for Civil Liberties, ICCL. Following Government approval, the general scheme was sent to the Office of the Parliamentary Counsel for formal drafting. That drafting is continuing at this stage. The general scheme was also submitted to the Oireachtas Committee on Justice for pre-legislative scrutiny. The report of the committee was received in December 2021 and is currently being examined by officials in my Department.

This legislation is a significant priority for me and my Department, as I know it is for the Deputy. I am working intensively with the Attorney General to ensure the Bill can be published by the end of March. I hope that, when complete, it will pass through the Oireachtas as soon as possible. I hope it can be enacted later this year.

Although it is not an excessively long Bill, I am aware the issues that need to be addressed, such as privacy rights and data protection, are particularly complex. That is why we are making sure we get things right. All use of recording devices under the legislation is linked to Garda functions, namely, the investigation, detection, prevention and prosecution of criminal offences, public order and public safety, and safeguarding the security of the State.

Photo of Neale RichmondNeale Richmond (Dublin Rathdown, Fine Gael)
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I welcome the response of the Minister. I am grateful for it. It is worth noting that in the four years since the Commission on the Future of Policing recommended the introduction of body-worn cameras, 3,381 members of An Garda Síochána have been assaulted in the line of duty. Between 2018 and 2020, there was a 45% increase in assaults. I appreciate the Bill is particularly complex legislation and there are so many areas that need to be considered, but it is time to truly react to the desires not just of communities but, indeed, all policing unions that have called for the introduction of these cameras. In light of the response of the Minister, how can Oireachtas Members of all parties help to ensure the legislation is passed as swiftly as possible once she is in a position to introduce it? Ireland is an outlier in Europe in the context of being one of the few states that do not use body-worn cameras. What lessons have been learned from other jurisdictions with regard not just to ensuring this legislation is watertight, but that it is introduced in an expedited manner?

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The Deputy outlined two key issues, that is, we need to introduce this as quickly as possible, but we also need to ensure it is watertight and there are no challenges, particularly in the context of the GDPR rights of people. I am conscious we are probably one of the few countries that do not have these cameras yet. I am conscious this is not only important for protecting members of An Garda Síochána, but can also help them to do their job more effectively. In the context of domestic, sexual and gender-based violence, the Garda Commissioner has repeatedly told me of the importance of Garda members who are first on the scene of an incident being able to get those first few minutes or seconds and that initial reaction on camera to have it as evidence.

I am conscious of the many reasons this legislation is important. That is why we are committing to significant increases in the Garda IT budget. It will take money as well as legislation to introduce this. We have to ensure we go out to tender and have codes of conduct and that all of this is done at the same time and can be progressed collectively. That work is all under way. That commitment is there and the intention is that the legislation will be enacted by the end of the year. It is to be hoped members of An Garda Síochána will be wearing this equipment as soon as possible.

Photo of Neale RichmondNeale Richmond (Dublin Rathdown, Fine Gael)
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I welcome the response of the Minister. I commit to supporting her on this. It is worth noting that body-worn cameras have been in use on Luas trams since 2009. They are a normal and practical part of everyday policing across Europe. What exchanges, if any, have been had between officials of her Department or members of An Garda Síochána and other police forces and administrations in the EU or the UK that have brought in legislation to enable them to ensure body-worn cameras are watertight in so many areas?

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The Garda Commissioner is constantly engaging with his colleagues and police services across Europe, but also internationally. As is the case with departments, governments and agencies, they work with each other to share information and ways in which they can progress their services. From a policy point of view and that of my Department, when introducing legislation we look at best practice and other common law jurisdictions, particularly the UK and others. We try to avoid any pitfalls or issues that may have been encountered elsewhere. All of that work is being done in conjunction with focusing on laws here, working with organisations that potentially have concerns and trying to address those at the earliest stage possible. That is why there has been significant amount of engagement with the ICCL, the Data Protection Commissioner and many others. I share the Deputy's sense of urgency and desire to have this introduced as quickly as possible. I ask for the support of all Members of this House and the Seanad to ensure that when the Bill is brought forward, it can be passed as quickly as possible.