Niamh Smyth (Cavan-Monaghan, Fianna Fail)
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259. To ask the Tánaiste and Minister for Justice and Equality the number of CCTV schemes that have been approved for funding since the scheme commenced; if all local authorities are now signed up to the scheme; the counties in which these schemes are located in tabular form; and if he will make a statement on the matter. [50859/18]

Charles Flanagan (Laois, Fine Gael)
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The Deputy will be aware that CCTV systems installed for the purposes of crime prevention and as aids to policing in areas to which the general public routinely have access, such as town centres, fall into two distinct but complementary categories, namely Garda CCTV systems and community-based CCTV systems. Neither may be established without authorisation by the Garda Commissioner under section 38 of the Garda Síochána Act 2005, among other requirements.

Community CCTV is governed by section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI No 289 of 2006). This legal framework requires that any proposed community CCTV scheme must:

- be approved by the local Joint Policing Committee,

- have the authorisation of the Garda Commissioner, and

- have the prior support of the relevant local authority, which must also act as data controller.

This is the legal basis for all community CCTV schemes, regardless of how they are funded.

As the Deputy is aware, the Programme for a Partnership Government commits to supporting investment in CCTV systems. In furtherance of this commitment, a grant-aid scheme to assist groups in the establishment of community-based CCTV systems in their local areas is being administered by my Department. Eligible groups, including community groups and local authorities, can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum total of €40,000.

There have to date been 27 applications to the scheme. 20 applications have been approved, involving approved grants totalling more than €500,000. A further 4 applications to the scheme are currently being assessed and considered. The remaining 3 applications have been returned to the applicants concerned to enable them to supply the information necessary to qualify for grant aid.

For the Deputy’s information, the location of the CCTV schemes which have been approved for funding to date is as follows:

The Deputy enquired in relation to the role of local authorities. As set out above, under the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006, any proposed community CCTV scheme must have the prior support of the relevant local authority, which must also act as data controller.

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, in connection with the previous grant-aid scheme operated by Pobal on behalf of the Department, or in connection with schemes funded independently by local authorities. I understand from my Department's engagement with the Local Government Management Agency that the total number of local authorities which have undertaken the role of data controller for these purposes amounts to 28 out of the 31 local authorities nationwide.

The Deputy may also wish to be aware that on 29 November this year the Data Protection Commissioner’s Office issued a note (available on its website www.dataprotection.ie) confirming that there is a legal basis for community based CCTV and that the General Data Protection Regulation does not introduce new barriers in that regard. In particular, the Data Protection Commission confirmed 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. Once the local authority in the administrative area concerned is willing to take on and deliver on its responsibilities as a data controller for the schemes concerned, there is no legal impediment under data protection legislation to the scheme commencing.”

The Data Protection Commissioner's Office is currently conducting an audit of the practice, operation and governance of CCTV as part of a wider inquiry into surveillance through the use of technologies for law enforcement purposes. We expect the findings from the CCTV module of this process to be of assistance to all concerned and in particular to local authorities.

My Department is also engaging on an ongoing basis with the Local Government Management Agency and the County and City Management Association, to clarify any queries arising and to assist in resolving any concerns.

This is the case as I am keen to ensure that all interested groups, in both rural and urban areas, have the opportunity to take advantage of the availability of the grant aid scheme. If the Deputy is aware of 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 communitycctv@justice.ie.