Sharon Keogan (Independent) | Oireachtas source

The Minister of State is very welcome to the House. I think this issue falls between him and the Minister for Justice, Deputy McEntee. I wholeheartedly welcome the Bill introduced by my friends in the Labour Party. Indeed, one could say that they beat me to it. I have personally targeted the issue addressed by the Bill as needing urgent legislative action. I was all too aware of the apparent lacuna in the law that was identified by the Data Protection Commission. The commission was of the opinion that the requirements of the law enforcement directive contained in Part 5 of the Data Protection Act 2018 and relating to the processing of CCTV images of individuals by local authorities for the purposes of preventing, detecting and prosecuting offences were not provided for adequately in the existing legislative framework.

In my previous role as county councillor on Meath County Council, I was involved in the installation and operation of state-of-the-art CCTV in Duleek and Ashbourne. CCTV systems are a necessary and proportionate tool to be deployed in order to protect the public and to detect and prosecute offences. They are necessary to uphold the law and to obtain vital evidence to ensure that individuals who flout the law are brought to justice.

I have been contacted by litter wardens who are utterly exasperated by the absence of this vital tool to deal with the illegal dumping epidemic that is facing communities, both urban and rural, across the country. The phenomenon of dumping and littering is a blight on communities and the environment. It is utterly ignorant and unacceptable in 21st century Ireland, or in any other civilised society, for that matter.

At the moment, the only legislative provision which allows for the operation of CCTV systems is section 38 of the Garda Síochána Act 2005. Under this provision, any CCTV system installed and operated by a local authority must go through an approved process involving the relevant joint policing committee and the Garda Commissioner. Regrettably, not enough local authorities are willing to seek authorisation for systems. This is an issue that needs to be addressed. City and county managers and executives are unwilling to step up and take responsibility as data controllers. They have abandoned their communities and abdicated responsibility in this respect. The Minister for Justice allocated grants of 60% of the cost of community-based CCTV systems. Many communities nationwide have been frustrated by the lack of support that the chief executives of local authorities gave to these projects. Part of the condition for securing the grants was that the chief executive and-or a designated officer would be the data controller of these systems. I have always made the argument that breaches of any law, including environmental law, should be policed by An Garda Síochána in conjunction with any other body charged with that legal responsibility.

There are practical difficulties in making chief executives responsible for the data. Local authority offices are only open from 9 a.m. to 6 p.m. Monday to Friday. In contrast, district Garda stations are open 24-7. If the chief executives are the data controllers, any breach that is detected outside office hours can only be accessed during working hours. I am simply pointing out the difficulties of which I am aware that have been experienced by communities and local authorities in recent years. It is important that the Bill has the support of the County and City Management Association, CCMA. If it does not, I note with regret that my Labour Party colleagues proposing the Bill may be engaged in a futile endeavour.The legislation must be broadened in a number of important respects. For example, we must enhance the scope of CCTV recording devices that are covered. As it stands, the Bill only allows for fixed and permanent CCTV systems but I am firmly of the view that this is too restrictive and does not give local authorities the tools they need to enforce the law. The definition should be expanded to include mobile camera systems and drones.

I welcome the Bill in principle and I look forward to Committee Stage and the opportunity to work with my colleagues in Labour to amend it.