Tony Gregory (Dublin Central, Independent)
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Question 1178: To ask the Minister for Justice, Equality and Law Reform the process by which community groups which were recently grant-aided for closed circuit television systems will utilise same; the person who will monitor same; and the controls and restrictions which will be exercised and by whom. [1887/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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Section 38 of the Garda Síochána Act 2005 provides a statutory basis for the operation of CCTV systems in public places by the Garda Síochána and certain other bodies. The provision outlines significant oversight powers for the Garda Síochána in the exercise of this function on behalf of the State. I am about to commence the provisions of section 38 of the Act, among others, and will shortly bring proposals to Government for the criteria to apply to community groups operating CCTV systems.

As the Deputy is aware, I launched the community-based CCTV scheme last year in response to a demonstrated demand from local communities across Ireland for the provision of CCTV systems. The purpose of the scheme is to support local communities which wish to install and maintain CCTV security systems in their area, with the aim of increasing public safety and reducing the risk of anti-social and criminal activity. The scheme is designed to provide financial assistance for qualifying local organisations, towards meeting the capital costs associated with the establishment of local community CCTV systems. The scheme is being managed, on behalf my Department, by Pobal, formerly Area Development Management Limited.

In December 2005 I announced my decisions to provide grant aid assistance for a considerable number of groups throughout the country under the scheme. The payment of grant assistance to these groups will proceed shortly subject to the successful outcome of consultations involving the joint policing committee in the area in which each community-based system is located.

Contract negotiations are under way between each successful applicant and Pobal, which will oversee and monitor this process, to ensure that the allocated funds will be spent on the purposes for which they are given and to ensure that normal accounting practices, relating to public funds, are adhered to. Books and records must be made available for inspection for the purposes of auditor verification visits if required. Detailed accounts of the expenditure of the grant will also be required. Groups will be required to provide six-monthly reports, including a declaration and breakdown of budget and balance.

A code of practice for the community-based CCTV scheme, which sets out the basic conditions of use under the scheme, has been published and includes requirements on monitoring standards and compliance. Each successful applicant group or organisation has signed a declaration stating that it agrees to be bound by the CCTV code of practice and is subject to the Data Protection Acts and the Freedom of Information Act.

Under the terms of the scheme and for the purposes of the Data Protection Act 1988, each local authority must undertake to act as the data controller. A manager or designated person will be nominated by the data controller in each instance. This individual will have responsibility for ensuring the proper, efficient and orderly day to day operation of the CCTV system. It is the responsibility of the data controller to ensure that there is full compliance with the code of practice. Contravention of a provision of the Data Protection Acts 1988 and 2003 may expose a person to prosecution under the Acts. The community-based group is required, at all times, to ensure the proper and responsible operation of the CCTV system under their control. This includes ensuring that all persons operating or monitoring the system are appropriately trained in the system's use and understand the restrictions and legal obligations imposed upon them and the need to maintain an appropriate record of the system's effectiveness.

These CCTV systems will have to be installed to a high-end technical specification and operated in compliance with a strict code of practice. Access to the CCTV systems will also have to be given to the Garda Síochána as required, thereby adding to the technical resources available to the Garda Commissioner in crime prevention and detection.