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

Amendment No. 3 is a technical amendment to update the expenses provision of the Bill to reflect the change in the name of the Department. As Senators are aware, the Government formally agreed to change the name of the Department of Public Expenditure and Reform to the Department of Public Expenditure, National Development Plan Delivery and Reform with effect from 1 February.

Amendment No. 4 is a minor technical amendment to ensure the wording is clear that the recording device can operate on an animal if the recording device on the animal is in a place that the member would be entitled to be in. This includes a public space or any place where the member of Garda personnel has the power of entry authorised by law, or a place that they have express or implied permission to be, for example, a shop or a car park or a place where they are for the performance of their functions.

Amendment No. 15 is a minor technical drafting amendment to ensure it is clear that the offences relate specifically to the operation of the recording devices under Part 2. Amendments Nos. 16, 44, 57 and 60 are minor technical drafting amendments to include the word “to” after “damage”.

Amendment No. 21 serves to clarify that it is the utilisation of automatic number plate recognition, ANPR, that is referred to in subsection (1). While ANPR is operated on a recording device, it is considered more consistent to refer to the utilisation of ANPR in this section.

Amendments No. 22 and 23 are further minor drafting changes to ensure consistency in these references in the section. The definition of the utilisation of ANPR in section 13 includes the operation by a member of Garda personnel of ANPR from a recording device.

Amendment No. 25 is a minor technical amendment to subsection (1) that will remove the word “data”. This is because the utilisation of ANPR is defined in section 12. The definition includes the processing of ANPR data, which is also defined in section 12.

Amendment No. 34 is a technical amendment to subsection (1) that will clarify that the reference to “that period” refers to the aforementioned three-month period in that subsection and not any other period. Sections 17 and 18 contain a number of references to a period of three months. The three-month period is the maximum period in which ANPR data may be utilised to monitor the movement of a particular vehicle and section 17 provides that the approval shall be for a shorter period if, in the opinion of the member of An Garda Síochána, granting the approval is reasonably required. Conditions may also be attached to the approval. Section 18 allows for a judge to approve focused monitoring beyond three months.

Amendment No. 35 will remove the reference to “data”. Again, this is because the utilisation of ANPR is defined in section 12. The definition includes the processing of ANPR data, which is also defined in section 12.

Amendments Nos. 38, 39 and 41 ensure there is consistency in references to the District Court in section 18. Amendment No. 40 serves to clarify that it is the last renewal that must still be valid when making an application for renewal.

Amendment No. 47 is a simple technical drafting amendment to change the word “under” to “specified in”. This will improve the wording of subsection (2)(b)(i) and align it with the language used under section 22, where it refers to the purposes set out in section 21(3).

I also bring to the attention of Senators that I intend to introduce further drafting amendments on Report Stage that will again be technical in nature. Those amendments will be done on the basis of further consultation with the Office of the Attorney General. This is to ensure that the language in the Bill provides as robust a legislative basis for recording devices as possible.