Vol. 538 No. 3
282 Mr. Stanton asked the Minister for Justice, Equality and Law Reform the directives, guidelines and regulations in force in relation to the erection of closed circuit television in public areas for the purposes of surveillance especially in relation to the right to privacy of individuals citizens and the safeguards in place to ensure such rights; the plans he has in relation to this issue; and if he will make a statement on the matter. [17745/01]
Many countries, including Ireland, have a web of laws that protect certain aspects of privacy. Several common law torts and a series of common law crimes and statutory offences are relevant in the context of surveillance. However, as scientific advances and technological developments have opened up new opportunities and possibilities for surveillance, concerns in relation to the invasion of privacy have been increasing.
In so far as the use of closed circuit television cameras are concerned, I am pleased to say that legislative changes are pending in two important areas. Firstly, as the House is aware, I have published the Private Security Services Bill, 2001, with a view to establishing the private security authority. The role of the authority will be to operate a licensing system in order to control and supervise companies and individuals providing security services. All suppliers and installers of security equipment, including closed circuit television cameras, and persons monitoring such security equipment, will come within the scope of the Act and it will be an offence to provide such a service without a licence. The aim is to maintain and improve standards across the private security industry. Applicants for licences will have to provide such references as to the applicant's character, financial position and competence as the authority may require. The authority may investigate any security service being provided by any person and will also investigate complaints against licensees in relation to the provision of security services.
The second legislative initiative relates to data protection. In the coming weeks, I will publish a Bill to amend the Data Protection Act, 1988. This Bill will strengthen existing provisions in relation to processing of personal data and it will involve protection of information obtained by means of closed circuit television cameras. In addition, my Department, the Office of the Data Protection Commissioner and the Garda are currently in discussion with a view to drawing up a code of practice for this whole area which may eventually be given the force of law under the Data Protection Act.
The installation of closed circuit cameras and other security equipment on buildings is, of course, subject to the normal requirements concerning planning permission. However, this type of development may be exempt from the requirement to seek planning permission where, in accordance with section 4 of the Local Government (Planning and Development) Act, 1963, it affects only the interior of the structure, other than a protected structure, or does not materially affect the external appearance of the structure so as to render such appearance inconsistent with the character of the structure or of neighbouring structures. Any dispute about whether a particular security installation is exempted development may be referred to An Bord Pleanála for determination. No special planning guidelines or criteria have been issued in respect of these installations.
283 Mr. Hayes asked the Minister for Justice, Equality and Law Reform the discussions which have taken place between his Department and various estate management groups in the Tallaght area in respect of providing an extension to the closed circuit television monitoring system in local authority housing estates; when funding will be provided to extend this scheme to housing as well as business communities; if his attention has been drawn to the successful operation of a similar monitoring scheme in the Moyross housing estate in Limerick city; his views on personnel requirements involved in monitoring such a system and the necessary liaison that is required between the local estate management group and the local gardaí; and if he will make a statement on the matter. [17746/01]
Tallaght is one of ten areas that are included in the first tranche of Garda CCTV systems to be introduced following my announcement of the expansion of Garda CCTV systems. The other areas – in alphabetical order – are Athlone, Bray, Clondalkin, Dundalk, Dun Laoghaire, Finglas, Galway, Limerick and Waterford. At least a further six areas will commence in 2003 and they will be announced in due course. Co-funding is also a feature of Garda CCTV systems and will be addressed when detailed costings are available and before work on the installation of the CCTV systems commences. I am advised by the Garda authorities that a project meeting concerning the installation of a Garda CCTV system in Tallaght was held on 12 June 2001. The meeting was attended by representatives of the Garda Síochána, the Office of Public Works, the ESB and Tallaght Chamber of Commerce. Following the meeting, a list of camera locations for the greater Tallaght area is being drawn up but it is not intended to place cameras in residential areas.
I am also advised that the CCTV Advisory Committee – established by the Commissioner to evaluate CCTV applications – and Garda management in the areas where CCTV is in operation and areas where CCTV systems are planned are currently examining the monitoring implications for the Garda authorities of the CCTV systems and will make recommendations to the Commissioner in due course. I am advised that local Garda management is continuously in contact with local groups and would be anxious to strengthen ties with all groups, including local estate management groups, in their respective areas.
The Garda authorities inform me that a CCTV system has been operating successfully in the Moyross area of Limerick since 1998. The system is in place in co-operation between Limerick Corporation and the Moyross Development Company Limited. It has been responsible for the reduction of crime, criminal damage and anti-social behaviour. The cameras which are located and monitored by staff from Moyross Community Centre have provided assistance in the investigation and successful prosecution of offenders involved in serious incidents. There is also close liaison between the Gardaí at Mayorstone station and the personnel in charge of and operating the CCTV system in Moyross.
