Eamon Ryan (Dublin Bay South, Green Party) | Oireachtas source

I will not be able to accept the Senator's amendment but I want to explain why. She asked that I name the devices. To take an example, the tag used at a tolling booth is another such data-gathering device. I could go on. The nature of the tags varies but there is a range of different types of devices and I do not think I can list in primary legislation all those other data gathering devices that are essential for the management of the road system.

We have not come to it yet but I do intend to accept, subject to the debate, the Senator's amendment regarding the Minister having to devise the regulations, rather than using the word "may". In those regulations there is a requirement on the Minister to list and set out how exactly the use of such devices will be regulated. I hope that reassures the Senator and answers that question. We will have to be specific and those ministerial regulations will be a requirement rather than an option. I hope that will address some of her concerns. I will not be able to accept amendment No. 11 but I hope that gives her some reassurance.

The Bill will also insert a new section 77A into the Roads Act 1993, which will provide the basis in future for the use of traffic cams and other data gathering devices by TII and local authorities, and for the use of data from those cameras. This grouping includes a number of amendments that I am proposing and some proposed by the Senator. I would like to first explain some of my proposals as well as perhaps further comment on her amendments.

Amendments Nos. 12 to 14, inclusive, and 17 to 19, inclusive, make adjustments to the arrangements for these cameras to allow for flexibility for the local authorities and for TII. Both the local authorities and TII will be enabled to outsource the setting-up and operation of cameras if they wish. The current text of section 77A does not allow for outsourcing. In practice, these functions, like many other functions of public bodies, may be outsourced and so it is important to allow for this option to ensure that the policy intent behind section 77A is carried out. I reassure the House that outsourcing will not in any way diminish the legal protections surrounding security and use of any data obtained via the cameras or data gathering devices. Any processing of personal data, whether by local authorities, TII or other contractors, remains subject to the Data Protection Act as well as further provisions for data protection included in section 77A. The amendments will also allow for local authorities to operate cameras on nationally managed roads with the consent of TII and for TII to operate cameras on public roads with the consent of the relevant local authority. This will offer opportunities for TII and local authorities to co-operate in cases where it makes sense to do so.

Amendments Nos. 27 and 29 relate to devices that may be covered by section 77A. I am proposing to introduce a power under which the kinds of other data gathering devices in question must be specified, as I said earlier, in regulations. This is to ensure proper control over the type of device that may be used. The amendments will allow for regulations to specify the types of devices used by local authorities and TII. This will add extra safeguards as to the types of data gathering-devices to be regulated, which will only be those set out in subsequent regulations. It will also avoid the risk of unintended situations. For example, if it was not clear that this section related to specific types of devices identified in regulations, it might be possible to argue that a staff phone issued by TII that had a camera on it was a data-gathering device covered by this legislation.

The other amendments I am proposing in this grouping, namely, amendments Nos. 15, 20 to 26, inclusive, 28, 31, 32, 35, 39 and 41 to 43, inclusive, are essentially technical amendments to revise the numbering within section 77A and to clarify matters.

The Senator's proposal to delete references to other data gathering devices in section 77A is too limiting and would have a negative impact on TII and the local authorities. I believe my own proposals, which will ensure the devices in question are specified in regulations, provide the necessary protection while allowing for flexibility and future-proofing.