Paul Murphy (Dublin South West, Solidarity)
Link to this: Individually | In context

172. To ask the Tánaiste and Minister for Justice and Equality if he intends that forthcoming legislation on facial recognition technology, Garda body cameras and prohibiting the wearing of face coverings at protests will be used in combination to prosecute protesters for public order offences; and if he will make a statement on the matter. [24604/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context

The right to protest and the right of citizens to express freely their convictions and opinions is enshrined in our Constitution and in law and it is an essential part of our democracy.

An Garda Síochána's policing approach at public gatherings and protests is predicated on keeping people safe, preventing any anti-social and criminal behaviour and traffic management, where appropriate.

It should also be noted that An Garda Síochána continues to provide an effective policing response to known and impromptu protests to ensure public safety.

While there are fundamental human-rights issues involved in the right to protest/right to assembly, these are not absolute and are subject to common law and statute exceptions.

Protests create operational challenges for An Garda Síochána based on the number of persons protesting, the location of protests and actions at the protest. The health, safety and welfare of all, including Gardaí, requires significant assessment.

An Garda Síochána needs modern tools and equipment to protect people from harm and save lives.

This includes the rollout of bodycams to help protect frontline Gardaí and to allow them to investigate crime as effectively as possible. The Garda Síochána (Recording Devices) Act 2023 was enacted in December 2023 and provides a legal basis for the deployment and use of body-worn cameras by An Garda Síochána, for Garda use of automatic numberplate recognition and for the reform of Garda use of CCTV.

The Programme for Government includes a commitment to allow for the use of biometric technologies in certain, very controlled circumstances as a tool to process evidence in serious cases.

Work is well advanced on the drafting of a Bill to amend the Recording Devices Act to provide for retrospective use of biometric technologies, including facial recognition. The General Scheme of the Recording Devices (Amendment) Bill, published in 2023, provides for the retrospective searching of images which are legally in the possession of An Garda Síochána through the safe and ethical use of facial recognition technology (FRT) in limited circumstances only.

The Bill will provide for use of FRT but that use will be subject to regular review and the results will require further examination by a specially trained member of Garda personnel. Garda use of this technology will also be subject to codes of practice which will set out the very high standards of data protection and human rights control required. This underscores our commitment to ensuring that use in this jurisdiction will mirror best practice from the wide range of EU Member States which are already utilising this technology.

The Recording Devices Act 2023, as well as the proposed Bill to amend it, provide that all biometric technology tools will only be used retrospectively and will only be used as a tool to support Garda members as they make decisions. However, the Programme for Government commits to introduce live FRT in cases of terrorism, national security, and missing persons, with strict safeguards. This will be considered for inclusion in a subsequent Bill.

Garda policy prevents autonomous machine decision-making, so any identifications assisted by use of biometric technologies will be manually verified by a Garda member as part of an investigation. The footage captured by body-worn cameras, then, could be subject to regular analysis by a Garda member and may also be analysed using biometric technologies.

With regard to face coverings, the Deputy is referring to an amendment to the Criminal Justice (Public Order) Act 1994, which proposes to give Gardaí power to direct a person to remove a face covering at a public gathering. This amendment is contained in the General Scheme of a Criminal Law and Criminal Law (Miscellaneous Provisions) Bill which was approved for drafting by the Government recently.

The power applies only when Gardaí reasonably suspect the face covering is used to intimidate or facilitate criminal activity and hinder the investigation of criminal offences. Legitimate uses, such as cultural, medical, or expressive coverings, are unaffected, unless linked to public order concerns.

The provision’s narrow focus on public safety protects protest rights while addressing harmful conduct to ensure the safety of all involved.