Seanad debates

Wednesday, 15 November 2023

Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages [Resumed]

 

10:30 am

Photo of Sharon KeoganSharon Keogan (Independent) | Oireachtas source

Yes. Amendment No. 22 proposes to delete lines 8 and 9 on page 16 and substitute "the name of the District Court judge and the date of approval". Section 18 allows for the secret tracking to be approved for up to three months, but potentially six months, subject to the approval of the District Court judge assigned by the Dublin metropolitan district. For ANPR to work, all number plate data must be logged. The pool of data is subsequently checked against a watchlist of number plates of vehicles of interest. The Bill proposes the processing of all number plate data and then the provision of access to the number plate data in which the Garda is interested. The ECJ has repeatedly warned that accessing targeted data out of vast pools of data must happen only subject to judicial approval. The Dwyer judgment is an example of that.Amendment No. 23 proposes, in page 15, line 13, to delete “member of the Garda Síochána” and substitute “District Court judge”. I think setting it at a member of An Garda Síochána is far too low of a bar. The principles of necessity, proportionality and the impact of the measure on people's fundamental rights must be considered when the application is made.

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