David Stanton (Cork East, Fine Gael)
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323. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question Nos. 126 of 22 May 2024 and 518 of 11 June 2024, when she expects the operational code of practice for the installation and operation of community CCTV schemes to be agreed and published; the 36 community CCTV schemes that have been approved for grant funding by her Department to date, and the current status of each project, in tabular form; and if she will make a statement on the matter. [28326/24]

Helen McEntee (Meath East, Fine Gael)
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Community safety is a top priority for my Department and everyone has the right to be safe and feel safe in their communities. Community CCTV plays a vital role in achieving this goal.

As the Deputy may be aware, since 2017 my Department has administered a grant-aid scheme supporting groups wishing to establish a community-based CCTV system in their area.

The CCTV grant scheme was extended in 2019 to cover not only new CCTV systems, but to also provide funding for the extension or upgrade of existing CCTV systems which are incomplete or obsolete. Applicants may now also seek a once-off grant of up to €5,000 for minor maintenance costs.

Grants of over €950,000 for 36 Community CCTV schemes have been approved to date and a list of these CCTV projects is attached for the Deputy's information.

A further €1 million in funding has been made available towards the development of community-based CCTV schemes in 2024. Applications for funding are now open and can be made directly by the relevant Local Authorities.

This level of funding underlines my commitment to working with communities to ensure everyone feels safe.

The current legal framework providing for community CCTV schemes, which has been in place since 2006, requires that any proposed scheme must:

• be approved by the local Joint Policing Committee,
• have a data protection impact assessment prepared,
• have the prior support of the relevant local authority, which must act as a joint data controller with An Garda Síochána and a joint data controller agreement must be put in place, and
• have the authorisation of the Garda Commissioner.

It is envisaged that the Local Community Safety Partnerships (LCSPs), which will be established under the Policing, Security and Community Safety Act 2024 to replace Joint Policing Committees, will be the appropriate body to request community CCTV schemes in the future. Local residents, Local Authority staff, Councillors and members of An Garda Síochána will all be represented on the Partnerships, and will be best-placed to know how CCTV can be appropriately utilised in their area.

As the Deputy is aware, there is a new requirement for the the Garda Commissioner to develop a Code of Practice for CCTV which will set out the procedures and standards to be followed, as well as the new rules around confidentiality, security, storage, access and retention of data and data subject rights. I am advised by Garda authorities that work is ongoing with respect to the development of this Code of Practice. This matter is entirely the responsibility of the Garda Commissioner who is statutorily independent. I cannot seek to direct him when it comes to the administration of Garda business.

I can advise the Deputy that, in authorising a CCTV scheme, the Commissioner will ensure that a data protection impact assessment and a human rights impact assessment have been carried out prior to an authorisation being granted. Authorisations must be reviewed every five years and no new cameras or increased capability can be added to a CCTV scheme without a new authorisation being sought. It will also be an offence to operate CCTV in a public place for crime prevention or public safety purposes without an authorisation from the Garda Commissioner.

As well as those new standards, persons who can operate CCTV cameras and have access to their servers will be limited to Local Authority staff and Garda staff. An Garda Síochána and the local authority will be required to enter into a joint-data control agreement which will set out their respective rights and responsibilities in relation to the data.

All those parts of the Garda Síochána (Recording Devices) Act which have yet to be commenced, including Part 5 which deals with the authorisation and operation of CCTV, will be commenced later this year or early next year.