Seanad debates

Tuesday, 23 June 2015

Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Report and Final Stages

 

Photo of Aodhán Ó RíordáinAodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

Section 38 of the principal Act makes provision for the Garda Commissioner to authorise the installation and operation of closed circuit television schemes in public places for the sole or primary purpose of securing public order and safety in public places, by facilitating the deterrence, prevention, detection and prosecution of offences.

In the development of the principal Act, section 38 was given particular consideration in close consultation with the Office of the Attorney General. In the course of advice provided by that office, it was indicated that the operation of CCTV schemes under the principal Act would fall directly within the executive function of the State within Article 28.2 of the Constitution. Accordingly, for the constitutional reasons I have explained in connection with previous amendments, specific roles were provided by the Government and the Minister in section 38. In part, these roles were intended to ensure that CCTV schemes would operate with due respect and safeguards for the constitutional right to privacy.

Section 31 enables the authority to perform the functions currently exercised by the Minister relating to community CCTV schemes. In particular, the authority will, by order made with the approval of the Government, establish applicable criteria for the purposes of community CCTV schemes. Moreover, it may, with the consent of the Minister, issue guidelines to the Garda Commissioner relating to the supervision and control by the Commissioner of the monitoring of CCTV by authorised persons.

The effect of the Senator's amendment would be to remove any role for the Government and the Minister under the section. Acceptance of the amendments, therefore, would prevent the Government and the Minister from exercising their constitutional functions.

In all the circumstances, the Minister is satisfied that the provisions enable the authority to exercise an appropriate level of oversight in respect of CCTV schemes while not impinging on the constitutional functions of the Minister and the Government. In the circumstances, it is regretted that the amendments cannot be accepted and I call on the Senator to withdraw them.

Comments

No comments

Log in or join to post a public comment.