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Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: Are we discussing amendment No. 5?

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: On amendments Nos. 5 and 6, the Minister outlined why she is not accepting the amendments and Senator Ward also made points on them. I have seen communities overpoliced. People might think that I am anti-Garda but I am far from it. We need a certain level of Garda protection for all citizens. That is common sense. What we are talking about is fairness for people. If the body-worn camera...

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: Amendment No. 11 relates to notifying people that the cameras are on, whether in a public or private place. I stress that I am not anti-gardaí - far from it - but I have seen numerous times in certain areas in Dublin situations in which people's doors were kicked down, etc. A lot of gardaí already wear bodycams. We need to be realistic in this regard. On a morning last April, I...

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: I move amendment No. 6: In page 10, between lines 10 and 11, to insert the following: "(2) A member of Garda personnel shall operate, or cause to be operated, a recording device where they are requested to do so by an individual with whom they are engaged in the course of their duties, except where the member reasonably believes that the making of a recording would be harmful to the...

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: I move amendment No. 9: In page 10, between lines 23 and 24, to insert the following: "(c) is requested to do so by a member of the public,".

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: I move amendment No. 11: In page 11, lines 12 and 13, to delete ", when operating the device in a dwelling, and where appropriate, notify the occupants at the start of the operation and record the notification" and substitute "notify all subjects of the recording at the start of the operation and record the notification".

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: I move amendment No. 17: In page 11, between lines 28 and 29, to insert the following: “(e) turns off, or causes not to be operated, a recording device, including before or during an act of violence or use of force;”.

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: I will not comment but am opening to listening to the Minister's comments on amendments Nos. 17 and 18.

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: I move amendment No.18: In page 11, between lines 30 and 31, to insert the following: “(2) A member of Garda personnel who knowingly turns off his or her recording device before he or she uses force, commits an abusive act or act of violence, or otherwise commits an offence, for the purposes of making that information or any document derived therefrom unavailable as evidence,...

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: I move amendment No.19: In page 11, between lines 30 and 31, to insert the following: “(2) A person who, without lawful authority or reasonable excuse, shares information with any party (including video or audio information) gathered by a recording device shall be guilty of an offence.”.

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: I move amendment No. 20: In page 11, line 33, after “subsection (1)” to insert “ or subsection (2)”.

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: I move amendment No. 26: In page 14, to delete lines 13 to 17 and substitute the following: “only if that utilisation has been authorised by a judge of the District Court undersection 18.” , These amendments are similar to previous amendments tabled. They are concerned with safeguarding but I know that they are not going to be accepted, unfortunately.

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: I move amendment No. 28: In page 14, line 18, to delete “A member of the Garda Síochána not below the rank of superintendent” and substitute “A judge of the District Court”.

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: I move amendment No. 29: In page 14, line 32, to delete “member of the Garda Síochána” and substitute “District Court judge”.

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: I move amendment No. 30: In page 14, lines 35 and 36, to delete “member of the Garda Síochána” and substitute “District Court judge”.

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: I move amendment No. 32: In page 14, line 40, to delete “and rank of the member of the Garda Síochána” and substitute “of the District Court judge”.

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: I move amendment No. 33: In page 15, line 4, to delete “A member of the Garda Síochána” and substitute “A District Court judge”.

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: I move amendment No. 37: In page 15, line 31, after “paragraph (c)” to insert the following: “, and the impact of such focussed monitoring on the privacy and fundamental rights of the individual or individuals concerned”.

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: I move amendment No. 51: In page 20, between lines 27 and 28, to insert the following: “(c) state the precise technological and software specifications of the cameras to be used,”. I believe that this Bill needs more discussion on Report Stage. Moving on to amendments Nos. 51, 52, 54 and 55, they are really simple and would require gardaí, when setting up CCTV...

Seanad: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (24 Oct 2023)

Eileen Flynn: I move amendment No. 52: In page 20, between lines 27 and 28, to insert the following: “(c) state the means by which the public and local residents will be appropriately notified of the use of cameras and their relevant rights,”.

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