Helen McEntee (Meath East, Fine Gael) | Oireachtas source

We are discussing amendments Nos. 5, 6 and 8 to 12, inclusive. The proposal is to make clear that Garda personnel would be required to turn on their cameras when asked to do so. This would ultimately be a matter for the code of practice, which is dealt with in section 43. This will outline clearly the circumstances in which Garda personnel have to turn on their cameras, including how they should react to a request to do so from members of the public. The codes of practice will be published and made available for representations prior to their finalisation. The Garda Commissioner will engage with relevant bodies or agencies on these matters and there will be an opportunity for members of the public to have a say and contribute to the overall consultation process before the finalised codes are published.

Separately, if a member of Garda personnel turns off a body-worn camera where he or she should not or refuses to turn it on in a situation where the codes of practice clearly state the camera should be on, there is potential for the garda to be subject to disciplinary proceedings or for a complaint to be made. In addition, at the end of each year, a High Court judge will provide a report to the Taoiseach outlining how this legislation has been used, where there have been issues or breaches and the types of discipline applied.

The cameras have not yet been procured. The features of the device will depend on the type of device the Garda acquires. The Garda issued a request for information on 12 September and is seeking information on a pre-record facility. It is generally the case in other countries that we have looked at that such devices would have the capability of capturing a short period of time before the turning on of the device. That might be 15 seconds or ten seconds but it would only be when gardaí turn the cameras on. This would also be made clear in the codes of practice.

On amendment No. 8, it is important that gardaí are allowed to evaluate the potential security threat and the level of threat posed to public security and safety, which may evolve over the course of a day, or hours and minutes as things can escalate quickly, as we know. This is an operational matter which should be separate from the Bill. Anything beyond that would be addressed in the codes of practice, which, as I said, will be drawn up by the Garda Commissioner in consultation with stakeholders and members of the public.

The Garda decision-making model is a framework which gardaí deploy to assess risk at the earliest stages of decision-making to ensure consistency of decision-making, even in the most dynamic circumstances, which can be applied in circumstances where immediate action is needed. As recent public order incidents have shown, it should not be the case that a Garda member is the only person in a crowd who does not have a recording device or have the ability to record clearly and truthfully what is happening on the ground. The execution of criminal penalties is a purpose under the law enforcement directive and one of the circumstances outlined in section 9(3) of the Bill, in which a member of Garda personnel can use a recording device. That is when gardaí are executing a court order or warrant. On that basis, I cannot accept this amendment.

On amendment No. 11, the Senator wishes to ensure that all subjects are notified of recording in progress by An Garda Síochána. There might be circumstances in which that is not possible. If, for example, there is a crowded environment where there are hundreds of people, it might not be possible to alert everybody. In an extreme circumstance, if there is a hostage situation, a garda will not be able to tell everybody or give warning to all individuals present so it is important that gardaí have discretion to apply this provision. Again, this will be set out clearly in the codes of practice. There are circumstances in which it would be impossible for a member of An Garda Síochána to notify every single person that he or she is being recorded. It is on that basis that I cannot accept this amendment.

On amendment No. 12, the location and manner in which the camera is worn will be decided on and this will be done through the procurement process. I have seen some of the options that have been looked at. This depend on the device but it can be on the left, right or centre of a person's chest or on headgear that is worn. It is something that would be visible and would not be concealed or hidden. It is visible and people would be able to see that the garda is wearing it. The type of camera to be used is yet to be decided but is being worked through at the moment. I think I have addressed all of the amendments and outlined why they are not necessary. Many of them fall under the codes of practice, which are addressed in section 48 and will be set out at a later date.