James Browne (Wexford, Fianna Fail)
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The deletion of section 40 by amendment No. 64 arose on foot of concerns that were voiced to my Department about the scope of the power created by this section where there is no judicial authorisation or approval process set out in legislation. The intention behind section 40 was to provide for those limited circumstances where a person refuses to provide An Garda Síochána with CCTV footage of a crime. The Department has, however, listened to the concerns raised and proposes to remove this section. After requesting and receiving further legal advice, An Garda Síochána has other ways in which it can obtain data from unco-operative third parties.

While amendments Nos. 1, 65 and 70 are consequential to the removal of section 40, amendment No. 65 removes section 41(3), the offence provision for section 40. In addition, amendment No. 70 removes the reference tosubsection (3)in section 43(6). Amendment No. 1 changes the Long Title of the Bill to reflect the removal of section 40.

James Browne (Wexford, Fianna Fail)
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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.

James Browne (Wexford, Fianna Fail)
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There are already explicit references to processing in Parts 3, 4 and 6 of the Bill, relating to ANPR. recording of telephone calls and the processing of third-party CCTV. Amendment No. 6 inserts a new section into Part 2 of the Bill.

Amendment No. 57 inserts a new section into Part 5.

Amendment No. 74 inserts a new section into Part 7 relating to processing. This is to ensure that where there is a power for the Garda to use a recording device, there is equally a power to process the data gathered from those devices. Legal advice indicated it would be better to include specific reference to processing in Parts 2, 5 and 7 to ensure no uncertainty in relation to the Garda's power to process all data gathered under the Bill. This is especially important in the light of the events of last week.

James Browne (Wexford, Fianna Fail)
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Amendments Nos. 10, 26, 62 and 68 delete the words "threatens" from sections 11, 20, 32 and 41. Legal advice on this matter notes that this is encompassed by the word "coerces".

Amendments Nos. 11, 27, 63 and 69 ensure it is clear that it is an offence to induce, coerce or request without lawful authority a member of An Garda Síochána to commit an offence under the previous subsection. This will align the language with sections 11, 20, 32 and 41, and will ensure the language around these offences is as robust as possible.

James Browne (Wexford, Fianna Fail)
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In the interests of transparency, it is considered appropriate that the legislation should refer to the fact that designations or applications under the Bill will be in writing. Amendments Nos. 15, 28, 32 and 37 serve to make it clear in these sections.

James Browne (Wexford, Fianna Fail)
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Amendment Nos. 30 and 75 extend the offence provisions for Parts 2, 3, 5 and 6 relating to the making of data unavailable as evidence to Parts 4 and 7 with the insertion of a new offence section within these Parts. The offences set out mirror those in the other Parts of the Bill.

James Browne (Wexford, Fianna Fail)
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As Deputies are all aware, CCTV is integral to policing and keeping our communities safe. These minor amendments, Nos. 33 to 36, inclusive, 38 to 41, inclusive, 43 to 45, inclusive, 47 to 49, inclusive, 51 to 56, inclusive, 58, 59 and 71, ensure uniformity in language in the Bill around the installation, operation, or both, of CCTV in sections 25 to 32, inclusive, and 42.

James Browne (Wexford, Fianna Fail)
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Amendments Nos. 46 and 50 ensure consistency in language in the Bill with other similar provisions across the Statute Book. The amendments in these sections, 26 and 27, do not have any effect on the Garda Commissioner's ability to vet local authority employees or contractors who may be installing or operating CCTV schemes on behalf of either the Garda or local authorities. It remains open to the Garda Commissioner to do so to ensure the person is of good character.

James Browne (Wexford, Fianna Fail)
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For consistency throughout the Bill, amendments Nos. 72 and 73 ensure that the installation, operation or both of the CCTV in Garda premises is necessary and proportionate having regard to the purposes outlined in Part 7. Those purposes include not only safeguarding of persons and property but also the detection, investigation, prevention or prosecution of criminal offences.