Seanad debates

Tuesday, 24 October 2023

Garda Síochána (Recording Devices) Bill 2022: Committee Stage

 

1:00 pm

Photo of Rónán MullenRónán Mullen (Independent) | Oireachtas source

I can speak to them and, hopefully, we will get white smoke before it comes to the question of moving them. The amendments, such as amendment No. 8, would not allow searches of retained ANPR data to be carried out in respect of protests without the requirement of reasonable grounds to believe there is a significant threat to public safety or order. To allow otherwise could have a chilling effect on the right to protest and must be safeguarded against.

As to the question of training for gardaí, before equipment is introduced, it ought to be tried and tested and the policies and code of conduct should be tried and tested. An amendment that would require that there be a pilot scheme and proper analysis of the workings of that pilot scheme is important. The issue here is to ensure that gardaí have proper training and to avoid a situation where evidence would be found to be inadmissible because of insufficient training of gardaí or improper use of devices.What is important is to avoid running a grave risk of problems arising.

Section 9 should ensure that pilot schemes are carried out for each type of device prior to the deployment and that such schemes should test the effectiveness of the device for a specified purpose and facilitate a human rights impact assessment, a privacy impact assessment and a data protection impact assessment, where necessary.

Notwithstanding what Senator Ward said about the possibility of people requiring that a body-worn camera be switched on, it is clear that body-worn cameras must, as an additional safeguard, be worn on a location on the body and in such a manner that maximises the camera's ability to capture video footage of the activities taking place and involving a member of the Garda. There have been reports in other jurisdictions of situations in which police forces covered body-worn cameras or undertook activities to switch them off and so on. If there are to be body-worn cameras, it is important that they are properly worn and not worn in a way that would undermine their efficacy.

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