Dáil debates

Tuesday, 29 March 2022

Saincheisteanna Tráthúla - Topical Issue Debate

An Garda Síochána

8:50 pm

Photo of Neale RichmondNeale Richmond (Dublin Rathdown, Fine Gael)
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I appreciate the selection of this matter for debate and the presence of the Minister in the Chamber. This has been a pressing issue for a number of years. Since 2015, more than 6,000 members of An Garda Síochána have been assaulted in the line of duty. This works out at an average of two members of An Garda Síochána at least every day. The Commission on the Future of Policing in Ireland recommended the introduction of body-worn cameras over four years ago. Ireland is an outlier when it comes to this compared to other police forces across the European Union, in the UK and in Northern Ireland. Since 2009 security staff on the Luas in Dublin have been wearing body cameras. There is widespread support for their introduction not just in society at large but also through all the policing unions and the major officials within An Garda Síochána who have spoken out in support of their introduction.

I fully understand that the legislation covering this move has taken some time to prepare.

It has gone through pre-legislative scrutiny at the justice committee. I am asking for the legislation to be brought to the Dáil and that it would work its way through the Oireachtas in as speedy a manner as possible, with assistance, I hope, not just from all Members on the Government benches but across this House and, indeed, the Seanad. This is a vitally important issue that goes to the very basic need, not just of protecting members of An Garda Síochána as they go about their daily work to protect us, but also of protecting members of society.

The introduction of body-worn cameras would provide the evidence and material that will allow for a better level of prosecutions of those who assault members of An Garda Síochána. It also would provide much-needed evidence and extra vigilance for those who may, unfortunately, want to take cases against the odd member of the force. The introduction of this equipment is long overdue. Over the past number of months and, indeed, the past couple of years, we have seen a firework shot in the face of a member of An Garda Síochána on one of the capital city's main thoroughfares and we have seen repeated attempts to prosecute people who have assaulted gardaí held up due to the lack of evidence or inconsistency in evidence. The ability to refer consistently and constantly to footage obtained through body-worn cameras of the activities of all uniformed members of the force is vitally important.

I understand completely the concerns that have been raised by a certain element within civic society regarding data protection, vigilance and various other concerns to do with civil liberties. I fundamentally believe, however, that the systems in place in other jurisdictions give us not just the legislative but also the practical and operational examples to ensure the cameras are introduced here in a manner that is of benefit to everyone. If we truly believe in safer, stronger communities, it is vital that the people who protect those communities and are at their heart, namely, the members of An Garda Síochána, are themselves given the fullest protection. That is why I am asking the Minister not just for an update but for a commitment to the speedy introduction of these devices.

9:00 pm

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I thank the Deputy for raising this issue. As he said, the deployment of body-worn cameras by An Garda Síochána has been sought for some time. The recommendation in this regard was made by the Commission on the Future of Policing in Ireland in September 2018 and work commenced on the legislation in March 2019. The Deputy has raised the issue many times in the Dáil and I know he is keen to make sure the provisions are introduced as quickly as possible.

Justice Plan 2022, which I published this week, commits to the publication of the Garda Síochána (digital recording) Bill, which relates to Garda powers to use modern digital technology, including body-worn cameras, automatic number plate recognition, ANPR, and CCTV, with a view to enactment by the Oireachtas. There were three parliamentary questions earlier this evening on CCTV, which shows the legislation is extremely important for many reasons. I secured Government agreement for the general scheme of the Bill on 29 April 2021. It was then sent to the Office of the Parliamentary Counsel for formal drafting, which is continuing. It is my intention to publish the Bill in the second quarter of 2022 - in a matter of weeks, in fact - with a view to its passage through the Oireachtas later this year.

The introduction and deployment of body-worn cameras will require a strong legislative basis to make sure it is compatible with data protection and privacy rights, as the Deputy rightly mentioned. Any new system for recording incidents will affect a person's right to a private life and, therefore, it is reasonable that sufficient time is taken to prepare the legislation to ensure that any intrusion on people's privacy is both necessary and, of course, proportionate. To this end, the general scheme of the Bill builds in a number of safeguards for the public. First, the Garda Commissioner is obliged to consult a number of bodies regarding the roll-out of the legislation. Second, a human rights impact assessment, HRIA, and a data protection impact assessment, DPIA, will need to be carried out. Third, a code of practice shall be prepared, comprehending a range of public safeguards. The code will include standards for the confidentiality of recordings, security of data, storage arrangements, data access, data retention and data subject rights. When it is completed, it will be submitted to me, as Minister, for approval for inclusion in a statutory instrument. The code must be reviewed at least every five years. In line with Justice Plan 2022, my Department officials will work closely with An Garda Síochána during the year to ensure the timely development of the code. There are a number of elements that have to progress and it is important that they are done in parallel rather than separately.

My Department has engaged extensively with An Garda Síochána and the PSNI during the preparation of the general scheme, as well as with other strategic partners, including the Office of the Data Protection Commissioner, the Irish Human Rights and Equality Commission, IHREC, and the Irish Council for Civil Liberties, ICCL. I thank all the stakeholders for their contribution to the development of this important legislation. The immediate Government priority is for the Bill to be published and enacted by the Oireachtas. As the Deputy will be aware, the Government is committed to providing the required resources for the implementation of the recommendations of the Commission on the Future of Policing in Ireland. We already have dedicated almost €147 million in capital spending in budget 2022 for the further development of An Garda Síochána's estate, including its ICT infrastructure and the Garda fleet. My officials and I will continue to engage actively with the Office of the Attorney General to progress the legislation as swiftly as possible.

As the Deputy outlined, there are a number of positives to the Bill. It is about making sure gardaí, when they arrive on the scene of a crime and engage with perpetrators and victims, particularly in domestic violence cases, can take advantage of the first few seconds, which can be absolutely crucial in gathering evidence. The ability to have that evidence available through body-worn cameras will be invaluable. The Garda Commissioner is very keen that the legislation be progressed. As the Deputy rightly mentioned, it also is about ensuring gardaí are safe. They have a very tough job and deal with very difficult situations. We need to make sure they are protected at all times. By being able to use these cameras, they can deter people where incidents, potentially, are about to happen.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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Thank you, Minister. We are over time.

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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In addition, it will ensure that when incidents occur, including where members of An Garda Síochána are attacked, there is evidence to ensure prosecutions are carried out.

Photo of Neale RichmondNeale Richmond (Dublin Rathdown, Fine Gael)
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I welcome the Minister's response and look forward to the legislation coming to the Dáil very soon. I intend to elaborate on the issues to a greater extent on Second Stage and I hope there is an opportunity for a robust debate in the Houses, with support for the proposals from as many Deputies and Senators as possible.

There is a very important and clear need for a sound legislative basis, which the Minister has laid out in an amount of detail. I appreciate not just her commitment but that of the entire Government in this regard. I want to refer now to the practicalities. I was a little disappointed the last time this issue was discussed on the national airwaves that while there was an acknowledgement that progress has been made on providing a sound legislative basis, there was a scepticism about the ability to introduce the cameras once the legislation is passed. The Minister touched on this in her reply but will she elaborate on what thought has gone into the costings, tender applications, the roll-out of the equipment and, crucially, the provision of adequate training for members of An Garda Síochána and civilian staff to ensure they can use this equipment, as well as the footage captured by it, in a way that is efficient, is in line with the legislation and can achieve the genuine aims of its introduction? The intention, first and foremost, is to keep the members of An Garda Síochána and our citizens safe and to ensure there is a sounder basis of evidence when assaults and other matters go to trial. The Minister has outlined some of the extremely delicate matters in respect of which the introduction of body-worn cameras would be an asset both to the Garda and the victim as well as, crucially, to the overall judicial system.

She also referred to a code of practice for the use of body-worn cameras. It is vital that their introduction is accompanied by a thorough and comprehensive public information campaign to ensure people in communities know this is a new facet to our policing and that it absolutely is in their interest.

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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Much of my response focused solely on the legislation because it is the part that applies to me and my Department. The code of conduct that has to be set out and the procurement process are matters on which the Garda will be, and already is, working. A lot of meetings have been taking place between my departmental officials and me, the Garda Commissioner and his team, the Attorney General and others to ensure we do not have a situation whereby the legislation is passed and it is only then that the other work that needs to be done starts. We are trying to ensure all of that work is processed in parallel.

I intend to seek funding in this year's budget to make sure that once the legislation is passed, the code of conduct is put in place and the procurement process is finalised, the funding is there and the equipment can be bought and put to use as quickly as possible. Technology is evolving all the time and, as the Deputy rightly mentioned in his first contribution, we have the benefit of being able to see how this works in other jurisdictions. We have a Commissioner who has experience of it. We know it works in other jurisdictions and we can learn from mistakes made elsewhere, whether in regard to civil liberties and rights, GDPR or anything else.

That is probably why it is taking so long. We are trying to make sure we take on board our own law and the question of how it can be applied in addition to examining other jurisdictions to make sure we get this absolutely right and so the investment, which will need to be huge, will be appropriate and adequate.

What will need to happen, reflecting what happens in other jurisdictions, will be an operational matter for An Garda. People will be aware and alerted to the fact that a camera is on or being turned on. There will be a period after the camera is turned on during which video footage can be gathered. That, in itself, will act as a deterrent. If somebody knows a camera is going to be turned on, it might change his or her behaviour. Cameras have been very helpful in other jurisdictions. I thank the Deputy for the support on this and hope we can have the legislation enacted by the end of the year.