Patrick O'Donovan (Limerick County, Fine Gael) | Oireachtas source

Unfortunately, that does not seem to be the case for some of my colleagues who have an issue coming into this House. That is regrettable, because I have always found the standard of debate here is far higher. I am eating up my time now.

I thank Senator Malcolm Byrne for raising the matter. It is crucial local authorities have the necessary powers to utilise CCTV and other mobile recording devices to assist them in their efforts to tackle illegal dumping. The Senator was right with regard to Limerick City and Country Council. By way of background, the Department of the Environment, Climate and Communications received correspondence in 2020 from the DPC outlining concerns over the legal basis for the use of CCTV. On foot of these concerns a commitment was given in Ireland's waste action plan for a circular economy to data-proof all waste enforcement legislation to ensure all available and emerging audiovisual recording equipment, including CCTV, can be utilised.

The Circular Economy and Miscellaneous Provisions Act enacted in July of last year advanced a number of priority provisions identified in the waste action plan, including providing for the GDPR-compliant use of a range of technologies. The Act facilitates both the use of CCTV and in more limited situations, the use of "mobile recording devices". The Act also provides for the establishment of CCTV schemes under either the Litter Pollution Act or the Waste Management Act. However, the use of other mobile recording devices, such as drones and body cameras, is provided for under another Act. Waste enforcement officers must often deal with significant levels of criminality in the course of their investigative work and can face threats to their own safety. I commend them on their ongoing efforts.

In order to address data protection concerns, the Act also sets a number of conditions which must be complied with prior to the introduction and use of CCTV and other mobile recording devices by local authorities. In particular, the LGMA is required to prepare and submit draft codes of practice to the Minister for approval. These codes will set certain standards for the operation of CCTV schemes and the use of mobile recording devices in deterring environmental pollution and other offences. The LGMA continues to work on the preparation of these codes, which are expected to be finalised this year, and it is continuing to engage with the Data Protection Commission. Following completion of the drafting process, these codes of practice will be submitted to the Minister, Deputy Eamon Ryan, for approval. Once approved, local authorities will be advised of the appropriate procedures to be followed and then they will then be in a position to initiate GDPR-compliant measures.