Seanad debates

Tuesday, 4 December 2018

Commencement Matters

Closed-Circuit Television Systems Provision

2:30 pm

Photo of Robbie GallagherRobbie Gallagher (Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I thank the Minister for Justice and Equality, Deputy Flanagan, for taking time from his schedule to be here. I wish to discuss closed-circuit television, CCTV, schemes and the delays being experienced in that regard. The Minister will agree that CCTV is an invaluable tool in the context of deterring people from engaging in crime or public disorder. In addition, CCTV can greatly assist the Garda in respect of public order issues or crimes during the investigation process and for the purpose of identifying those involved. Most importantly, CCTV gives comfort and security to communities throughout the country where there is a CCTV scheme in operation.

Last week, there was an incident in Monaghan town in which a young man was viciously assaulted late in the evening. Unfortunately, incidents of this nature are occurring too often. People are exhausted. They are sick and tired of public order offences and public disorder in the streets. The benefit of a properly running CCTV scheme cannot be underestimated with regard to such activity. Garda numbers are not what we would wish them to be and in situations where gardaí are not on the streets, the part CCTV can play is immeasurable. While CCTV will not replace the gardaí, it is important that we have CCTV schemes in operation.

With that in mind it is disappointing that delays are being experienced with schemes that should have been up and running long ago. There is a responsibility on the Government to ensure the schemes are implemented without delay. I understand that part of the problem relates to a general data protection regulation, GDPR, issue and who the data controller is.There is an ongoing dispute or impasse between the City and County Managers Association, CCMA, and the Department regarding the role of data controller. Meanwhile, as this impasse continues, assaults and other serious crimes are happening on a daily basis in many towns throughout the country. I heard recently that CCTV cameras were installed in Littleton, County Tipperary, more than 12 months ago but are not yet up and running. I am sure the Minister will agree that this is simply not good enough. Surely when it comes to matters of policing, responsibility lies with An Garda Síochána and not with the local authorities. I am hoping that the Minister will be able to shed some light on this issue in order that CCTV schemes that are at an impasse at the moment can progress and people will have the added security of knowing that the schemes are operational in their towns.

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Senator for raising this important issue. I hear about CCTV schemes from many groups all over the country and in my capacity as a rural Deputy, I am fully aware of the desire for CCTV in local areas. I appreciate the sense of security that CCTV brings to many communities. In responding to community demand, the Government has made significant funding available to assist groups who wish to establish community CCTV in their areas. The grant aid scheme administered by my Department is intended to run for three years, with the sum of €1 million available each year.

The Senator will appreciate that there are a number of legal requirements in setting up of CCTV systems. Such systems are installed for the purpose of crime prevention and as aids to policing in areas to which the public routinely have access such as town centres. CCTV systems fall into two distinct but complementary categories, namely Garda CCTV systems and community-based CCTV systems. Neither type of system can be set up without an appropriate authorisation by the Garda Commissioner under section 38 of the Garda Síochána Act 2005. There are further requirements for community CCTV, which is governed by section 38(3)(c)of the Garda Síochána Act 2005 and the Garda Síochána CCTV order of 2006. The legal framework requires that any proposed community CCTV scheme must, in the first instance, be approved by the local joint policing committee, JPC, have the authorisation of the Garda Commissioner, often on foot of a recommendation from the local Garda crime prevention officer and must have the prior support of the relevant local authority. In this regard, it must be noted that the local authority must act as data controller. I must emphasise that this is the legal basis for all community CCTV schemes, regardless of whether grant funding is sought from my Department to assist in their setting up.

In accordance with this legal framework, the large majority of local authorities have previously undertaken to act as data controllers in the context of specific community CCTV schemes. This has been the case either in the course of the current grant aid scheme administered by my Department, during previous grant aid schemes operated by Pobal on behalf of my Department or in connection with schemes funded independently by local authorities. I understand from my Department's engagement with the Local Government Management Agency, LGMA, that the total number of local authorities that have undertaken the role of data controller for these purposes amounts to 28 out of a total of 31 local authorities nationwide. I am also pleased to inform the Senator that the Data Protection Commission, DPC, issued guidance on data protection and community CCTV on 29 November. The guidance, which is available on the DPC website, confirms that there is a legal basis for community-based CCTV and that the general data protection regulation, GDPR, does not introduce any new barriers in that regard. In particular, the DPC confirms that data protection legislation does not stand in the way of the roll-out of community-based CCTV schemes that have been authorised by the Garda Commissioner.It also states that once the local authority in the administrative area concerned is willing to take on and deliver on its responsibilities as the data controller for the schemes concerned, there is no legal impediment under data protection legislation to the scheme commencing.

The guidance covers a number of other issues also. For example, it confirms that local authorities are not required, as a result of their role as data controller, to monitor CCTV live feeds on a continuous basis. I am confident that this and other clarifications in the note will be of significant assistance to local authorities in terms of how they carry out their role under law in relation to community CCTV.

The Office of the Data Protection Commissioner is also currently conducting an audit of issues, including the practice, operation and governance of CCTV. Again, I expect the more detailed findings of that process to be of assistance to all concerned and, in particular, to local authorities. The Senator may also wish to be aware that my Department is also engaging on an ongoing basis with the Local Government Management Agency and the County and City Management Association, CCMA, to clarify any queries that might arise.

A Programme for a Partnership Government commits to supporting investment in CCTV systems and, as I have said, my Department is administering a grant aid scheme to assist groups in the establishment of community based CCTV systems in their local areas. Eligible groups can apply for grant aid of up to 60% of the total capital cost of the proposed system, up to a maximum total of €40,000. To date, there have been 27 applications to the scheme, of which 20 have been approved for grant aid, totalling more than €500,000. A further four applications to the scheme are currently being assessed and considered. The remaining three applications have been returned to the applicants concerned to enable them to supply the information necessary to qualify for grant aid.

I assure the Senator that all interested groups, in both rural and urban areas, can take advantage of the availability of this grant aid scheme. If the Senator is aware of community groups wishing to avail of the scheme, full details of the grant aid package are available to download from my Department's website www.justice.ieand support and guidance is available to help interested groups to apply for this funding through a dedicated email address, which is communitycctv@justice.ie.

Photo of Robbie GallagherRobbie Gallagher (Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I thank the Minister for his comprehensive response on the important issue of CCTV that I have raised. I have spoken to a number of local authorities and as far as they are concerned, this impasse continues to exist so I am a bit confused in that regard. Can the Minister confirm that the difficulties the CCMA were having are now resolved? Another issue that came up for smaller local authorities, in particular, was the cost incurred by them in administering such a CCTV scheme.

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am confident the guidance issued recently by the Office of the Data Protection Commissioner regarding data protection will be helpful to all those concerned and I put on the record my thanks to those local authorities which have already supported their communities in setting up such schemes. I assure them that my officials are doing all they can to further streamline and simplify the process.