Marc Ó Cathasaigh (Waterford, Green Party)
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48. To ask the Tánaiste and Minister for Justice and Equality the position regarding the development of an online portal through which citizens can report traffic offences, as positively referenced by An Garda Síochána at a recent Joint Oireachtas Committee on Justice; if it will be enabled through the Garda Síochána (Recording Devices) Bill 2022; and if she will make a statement on the matter. [52432/22]

Helen McEntee (Meath East, Fine Gael)
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The Deputy will be aware that the development and implementation of road traffic legislation and policy, including the Government's Road Safety Strategy 2021-2030, and the promotion and advancement of road safety, falls within the remit of my colleague, the Minister for Transport. An Garda Síochána plays a vital role in enforcing road traffic law and in making our roads safer for all road users, including vulnerable road users.

The Garda Commissioner is of course responsible by law for the management of An Garda Síochána, including personnel matters, deployment of resources and the provision of IT infrastructure. As Minister, I have no responsibility for these matters.

As regards the establishment of a dedicated online portal for the submission of video evidence of potential violations of road traffic legislation, you may be aware that the current Traffic Watch facility allows for members of the public to report driver behaviour to An Garda Síochána. Matters reported via this facility are forwarded to the relevant District Office for investigation. Similarly, citizens may make complaints to any member of An Garda Síochána or through the Garda website.

Under Action 29 of the Road Safety Strategy, An Garda Síochána will explore the potential of an online portal for road users to upload footage of road traffic offences which could assist in prosecution. I understand that on 04 October 2022, Assistant Commissioner Paula Hilman gave the Joint Committee on Justice an update on this Action, and indicated An Garda Síochána’s commitment to the portal.

In relation to whether or not an online portal will be enabled through the Garda Síochána (Recording Devices) Bill 2022, I can inform the Deputy that the legal advice made available to me indicates that specific legislative provisions will not be required for an online portal. Section 41 of the Data Protection Act 2018 provides a lawful basis for personal data collected for one purpose to be processed for another purpose, where such onward processing is for the purpose of the prevention, detection, investigation or prosecution of criminal offences.

Therefore, members of the public who collect dashcam footage are entitled to pass it on to An Garda Síochána, and An Garda Síochána is entitled to process it for the law enforcement purposes mentioned. An Garda Síochána would need to process such data in line with its data protection obligations generally and would be required to put guidelines in place for dealing with the data obtained, its retention and destruction.

I am assured that road traffic enforcement remains a core policing function of An Garda Síochána. The Garda National Roads Policing Bureau ensures a consistent approach to road safety and enforcement of road traffic legislation across the country. This is achieved through coordination of enforcement measures and development of policy based on research and analysis of statistics and by engaging in campaigns in partnership with other State Agencies, notably the Road Safety Authority.

It is also important to emphasise that road traffic legislation is enforced as part of the day-to-day duties of all members of An Garda Síochána, in addition to the employment of specific enforcement operations.

I would of course encourage any member of the public to report any incidents of dangerous driving directly to An Garda Síochána.