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

We just discussed this but, again, I appreciate where the Senator is coming from. Regarding amendment No. 14, I do not think it is appropriate that the Houses of the Oireachtas legislate for the codes of practice or codes of conduct.Such an operational matter must be developed by the Garda but there must be oversight and ability for discussion, debate, engagement and for everybody to have their say, not only those working in An Garda Síochána and associated authorities but also those looking at civil liberties and individual's rights, and Members of these Houses. Members of the Seanad and the Dáil will be able to contribute to the process when the Bill is enacted and when the codes of conduct are being developed.

I reiterate there will be a clear process as to when a Garda should or should not turn on or off the cameras. We cannot predict every scenario and there might be a situation where a garda does not have time to turn on the camera. Gardaí will have to be able to explain this and if they cannot explain why it has been turned on or off there will be disciplinary procedures within An Garda Síochána. There will be an opportunity for people to go to GSOC if they feel it has not been dealt with properly. The changes in GSOC are to ensure that if someone makes a complaint it is dealt with quickly and effectively. This change will happen in the separate policing Bill going through the Houses.

With regard to amendments Nos. 17, 21 and 77 it is already an offence for a member of the Garda under section 62 of the Garda Síochána Act 2005 to disclose any information. This includes videos, texts and evidence. If gardaí disclose information in the course of carrying out their duties, and if they know this would cause harm to another individual, it is already an offence that is very clearly covered. As has been mentioned, Coco's Law criminalises the distribution or publishing of intimate images. As has been said, intimate images may portray certain parts of a person's body or certain acts. I know the particular case that has been referenced and I will not get into it in too much detail. It very clearly comes under the remit and this is the overall intention. It relates not only to intimate partners or where there might have been a relationship; it is any type of image. We know the legislation came about because of the bullying of a young girl. It is to capture various types of offences that may take place. What Senator Ruane is trying to achieve in the amendment is very much in the Bill and in other legislation under which the Garda is governed. Any improper dissemination would fall under these offences. I do not want duplication in the Bill and it is for this reason I will not accept the amendment. I accept what Senator Ruane is trying to achieve but I believe it is already covered.