Dan Boyle (Cork South Central, Green Party)
Link to this: Individually | In context

Question 69: To ask the Minister for Justice, Equality and Law Reform if, in view of his recent suggestion that gardaí carry cameras at all times to photograph criminal suspects, his attention has been drawn to another police force that practices this; his views on whether this practice may serve to further weaken the relationship between the Garda Síochána and the communities it serves; and if he will make a statement on the matter. [15690/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I am informed by the Garda authorities that the Garda Síochána has legislative powers to photograph suspects who have been detained under the provision of the Criminal Justice Act 1984, as amended, the Criminal Justice (Drug Trafficking) Act 1996 and suspects arrested under the provision of section 30 of the Offences Against the State Act 1939, as amended. Nothing prevents a member of the Garda Síochána taking a photograph of a suspect in a public place.

Section 11 of the Criminal Justice Bill 2004, which is before the Select Committee on Justice, Equality, Defence and Women's Rights, seeks to provide that, on the authority of a member of the Garda Síochána not below the rank of sergeant, a person arrested by a member of the Garda Síochána may be photographed in a Garda Síochána station after his or her arrest. A photograph taken in these circumstances may be used only to assist in the identification of the arrested person in connection with any proceedings which may be instituted against him or her in respect of the offence for which he or she was arrested.

This provision stems from the recommendations of the expert group appointed to consider changes in the criminal law which were recommended in the Garda SMI report. The expert group noted that at present under section 6 of the Criminal Justice Act 1984 gardaí have the power to photograph persons who are detained, but not those who are arrested and released and dealt with by way of summons. The expert group recommended that gardaí should be permitted to photograph every person who is arrested so as to have a reliable means of identification, not least for ensuring that the summons is served on the proper person.

The expert group suggested that the same safeguards which apply to the photographing of detained persons could be applied to the proposed new power. Accordingly, section 11(3) provides that the provisions of section 8 of the Criminal Justice Act 1984 on the destruction of records shall apply to photographs, including negatives, taken pursuant to this section as they apply to photographs taken pursuant to section 6 of the Criminal Justice Act 1984. Section 11(4) provides that a person who refuses to allow himself or herself to be photographed shall be guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding six months or both.

I see many advantages in a member of the Garda Síochána being in a position to take a photograph of a suspect when investigating disorder. The ICT strategy for the Garda Síochána 2005-2010, identifies mobile data communications as an important aspect of its programme of work in the area of telecommunications. The strategy recommends solutions for the mobile data needs of the Garda Síochána, which will encompass a national digital radio service and mobile technologies such as GPRS and 3G. Such technologies could encompass photographic or video evidence and data. Its implementation and use will depend on a broad range of factors including the operational and business requirements of the force.