I welcome the Minister of State, Deputy Fleming to the House. Céad míle fáilte.
Nithe i dtosach suíonna - Commencement Matters
International Protection
I thank the Cathaoirleach for choosing this Commencement matter and I thank the Minister of State, Deputy Fleming, for taking the time to come to the Chamber for this important Commencement matter.
I wish to begin by acknowledging the unprecedented challenges the Department has faced in recent times in respect of housing and supporting asylum seekers and beneficiaries of temporary protection. I am disappointed that neither the Minister, Deputy O’Gorman, nor the Minister, Deputy O’Brien, was available to take this matter this morning. I have written to the Minister, Deputy O’Gorman.
I have not received anything back from him yet bar an acknowledgement on the particular issue that I am about to raise.
I am aware of the challenges around trying to source suitable accommodation for those entering our State. It is definitely a difficult situation. However, I believe residences within housing states should be off limits when it comes to suitable offerings. I am speaking in particular about an agreement that was recently entered into with a house owner in Pairc Mhuire in Newbridge. This residence will house 12 occupants.
The issue is not about the people who will be accommodated there. We all need a roof over our heads. Indeed, Newbridge is a very welcoming town and has already shown a strong welcome to those who have come to our town looking for accommodation and our support. However, I feel that this sets a precedent in terms of taking a house within an estate. Every one of us is very conscious of how difficult the housing market is at the moment. Even though more than 8,000 houses were built in Kildare over the last four years, there is still a lot of pressure on the housing market. On Daft.ie there are currently only seven houses for rent in Newbridge. It is difficult for working people with families to rent a place. We have a situation where an arm of the State is paying 20 times the going rate that I, my neighbour, my friend or my family member would pay if we are to believe the figures and I am desperately trying to get the accurate figures, which I have not received yet.
This is a huge problem. We already had a situation where Kildare County Council tried to buy existing buildings for the community and has been priced out of the market in terms of private buyers who have bought for the purpose of housing international protection applicants. I know that new policies have been put in place but it will take a while for them to come in. As I said, the reality is that there is no way that an ordinary working person or family can compete with the rent that IPAS pays. There is a real concern that these working people and working families will be totally excluded from the property market.
There is also a real fear that other house owners will go down this path in terms of being able to make a lot of money. Many of us are concerned. We need an assurance that IPAS will not aim to make custom and practice in renting from the private market in residential estates. I want reassurance on that.
I thank Senator O'Loughlin for raising this very important issue in respect of Newbridge. No doubt this is an issue in many areas throughout the country. The Department of integration, and I am speaking on behalf of the Minister, currently relies on the private commercial market, not the private residential rental market, to supply accommodation to house international protection applicants. The key issue is the private commercial market versus the private residential rental market. That is the issue this hinges on. If I do not clarify it fully we will have to ask the Minister to clarify the precise definition on that.
Ireland continues to experience a sustained and unprecedented increase in people seeking international protection. In keeping with its legal obligations the Government is committed to supporting all of those seeking refuge in Ireland and is considering all offers of accommodation. The vast majority of accommodation for international protection applicants is currently commercially provided. This is in response to the monumental and unprecedented demand experienced since 2022.
On 18 January 2022 the Department of Children, Equality, Disability, Integration and Youth published a request for tenders to procure additional accommodation for singles, couples and families seeking international protection. Unfortunately, the request for tender process did not deliver sufficient capacity to meet the demand for accommodation.
Emergency accommodation has been privately contracted in order to prevent homelessness. As a result, the Department needs to maintain existing accommodation and secure further emergency accommodation insofar as it can.
In light of the increased arrivals of families and couples in tandem with delays in opening some of the new properties, there is an imminent possibility of a shortage of family accommodation. Procurement policy therefore remains focused on securing beds as quickly as possible. Since December of last year, the State has not been able to provide accommodation for all international protection applicants. Right now, more than 1,780 male applicants are left unaccommodated. An accommodation crisis of this scale requires a response of a similar size.
In addition to maintaining a supply for the immediate crisis in accommodation for IP applicants, the need exists to provide for a sustainable and long-term response. In this context, on 27 March, the Government approved a new comprehensive accommodation strategy. This strategy aims to provide a stable supply of State-owned accommodation, and a multi-strand commercial accommodation stock which may flex as required to meet fluctuations in arrival rates and periods of stay of applicants within the system. This strategy will incur significant savings over current expenditure allocated to commercial providers and provide for a greater degree of control over the location of residences while also maintaining a humane, sustainable, efficient and lawful system for accommodation applicants.
The underlying rationale for the new strategy is predicated on 13,000 to 16,000 new arrivals per year; moving away from full reliance on private providers towards State-owned accommodation; delivering 14,000 State-owned spaces by 2028; and supplementing supply by commercial providers to national standards. Accommodation in the new strategy will be delivered through the following approaches: use of State land for prefabricated and modular units; conversion of commercial buildings; targeted purchase of medium and larger turnkey properties; design and build of new reception and integration centres; and upgrading the IPAS centres that we currently have. They are the key issues. The figures that I have quoted in relation to the expected arrivals are the best estimate we have at this time. Someone else may have a different estimate, but that is the best estimate the Government has as we speak.
I agree that we need to have a humane approach. None of us wishes to see people sleeping on the street. I thank the Minister of State for clarifying and saying that the private commercial market, and not the private residential market, is used to house those who are coming to our land looking for accommodation. I take it from what the Minister of State has said that the contract that was signed for two years for this house in Pairc Mhuire is null and void because that most certainly is private residential. He clearly said in the response that was given to him by the Minister for Children, Equality, Disability, Integration, and Youth of Ireland, Deputy Roderic O'Gorman's officials that State land, commercial build, design and build and IPAS centres will be used but not residential. While I have not had a response yet from the Minister's Department, if that is the case, it is very clear that this contract is null and void and that no residential property will be used.
I can give the Senator one bit of advice of further information about how many the system is designed for. What I can say is a similar situation arose in my constituency recently. Certain local people went to the local authority to find out the planning status of the house that was in question. It was a private house that had been done up and it was put up. Planning permission is required to do that because it is a change of use and second, these areas must have fire certificates for that purpose. On the basis of both of those, Laois County Council deemed that the particular house, which was a fine, old house that had been renovated, was not eligible under this scheme on the basis of fire regulations and planning. That is a suggestion, but I cannot comment on whether the contract is null and void. What I can say is the local authority has to be in a position to verify the suitability of that house from a planning and fire safety point of view if it is being used for a commercial purpose, which this transaction clearly is.
Domestic, Sexual and Gender-based Violence
Our second Commencement matter is in the name of Senator Lynn Boylan.
Is Deputy Fleming taking my Commencement matter?
I thank the Acting Chairperson and cuirim fáilte roimh an Aire Stáit.
I would like to raise an issue that was brought to my attention by the Irish actor and producer, Áine O'Neill. It is about her experience in Las Vegas in November 2022. Late one night, her phone pinged and she was notified that she was visible to an Apple AirTag. The latter was able to see where she worked, where she parked her car and everywhere she had been that evening. After investigating if she had happened to pick up somebody else's belongings by mistake, she realised that the tag was inside her car. It was placed in a location so as not to be found; it was not in an accessible place. It was not placed there by accident. Despite going to two different garages, neither mechanic could remove the AirTag without carrying out significant dismantling of the car. She had also called the police but got very little help. She was also advised to contact Apple, the manufacturer of the AirTag. Apple said they could not disable the AirTag unless she physically had the tag herself. Such was the impact and stress of getting constant notifications on her phone that she was visible to somebody else's tracking device, she ended up having to leave her dream of living in the US and return to Ireland. She is now pursuing a class action against Apple with the US lawyer, Gillian Wade.
I want to ask the Minister of State if it is possible that the same thing could happen here in Ireland. These products are readily available. In Britain, the use of trackers such as Apple AirTags in coercive control and stalking cases has increased 317% in the past five years. There is little to suggest that the statistics would be very different in Ireland. We passed stalking legislation recently, which was very welcome. However, the concern is whether Apple AirTags or other similar devices are being captured sufficiently by the legislation. I know it is against the law to use a tracking device without somebody's knowledge or without their permission. The problem is that the safeguards that are put in place by the likes of Apple would not put me resting easy at night. For example, those like myself who have Android phones will not get notifications that they are in the area of an AirTag. We actually have to download an app to receive notifications that we are being detected. Apple admits that you cannot disable the AirTag unless you physically find it. If what happened to Ms O'Neill happens here, if someone deliberately hides an AirTag inside a person's car or belongings, the person will not be able to disable it unless they physically have the tag.
Are we doing enough to regulate the use of these devices? What is the Government doing to raise awareness and let people know that they have to download an app if they are Android users? If your phone is an older model, there is nothing you can do to detect an Apple AirTag. Is there training for the Garda on what to do if somebody contacts them to say they are being tracked by an AirTag and they cannot find it? If they do find it, are they being told to destroy it when, in fact, it could be evidence in a future case? This is an area we need to look at. I want a reassurance that it is on the agenda at the Department of Justice and that we have legislation in place that is fit for purpose. Are there any plans to carry out a public awareness campaign to let people know these devices are out there and are being used by domestic violence abusers and stalkers?
On behalf of the Minister for Justice, Deputy McEntee, I thank Senator Boylan for raising this matter. I assure the Senator that the Minister and colleagues in government recognise stalking for the serious offence it is. Stalking is a crime that not only undermines the fabric of our society, it also infringes upon the safety, dignity and freedom of victims. We are aware that this is an extremely serious and intrusive act that causes devastating psychological effects. The tactics employed by stalkers are designed to instil fear in and exert control over their victims and can be a precursor to acts of physical violence. Stalking is a violation of basic human rights and we have zero tolerance for it in our society.
The Government has demonstrated this determination to ensure our laws and policies provide robust protection for those who fall victim to it and has implemented measures to address this carefully.
Last November the Minister for Justice, Deputy McEntee, announced a range of new criminal offences that came into effect under the Criminal Justice (Miscellaneous Provisions) Act 2023, which includes provisions aimed at improving the legal framework for tackling stalking. The introduction of the new stand-alone offence of stalking with a maximum sentence of up to ten years forms part of the Government's zero tolerance approach to domestic, sexual and gender-based violence and fulfils a key action in the third national strategy in this area. Although stalking was already illegal, we have strengthened and highlighted the applicable legal framework through this stand-alone offence, defined in terms of causing either a fear of violence or serious alarm and distress that has a substantial impact on a person's day-to-day activities.
In addition, under the legislative changes introduced the scope for the existing harassment offence is widened to include any conduct that seriously interferes with a person's peace or privacy and causes alarm, distress or harm to them. A wide list of possible acts is included, such as communicating, impersonating, and interfering with property or pets and so on. This list is not exhaustive and the overarching principles of the legislation may apply to the use of electronic tagging devices like AirTags in the context of stalking.
The Criminal Justice (Miscellaneous Provisions) Act 2023 also provides for the making of civil orders restraining stalking-type behaviour. These orders form an important first step in addressing stalking behaviour and in protecting victims as they do not require the level of proof associated with criminal offences.
With regard to engaging with technology companies on ensuring safeguards are built into such devices, and the companies' reaction to the concerns raised, the Minister, Deputy McEntee, will raise this with her colleague in the Department of the Environment, Climate and Communications, the Minister, Deputy Eamon Ryan. They will also examine if more can be or needs to be done in this space, including looking at whether it is a technological fix, a co-operative approach or legislative change that is needed to make sure companies engage on this issue and can react to ensure their technology is not abused in any way.
I thank the Minister of State for the response but it does not reassure me very much at all. For example, we cannot say that the use of electronic tagging devices like AirTag definitely apply under the legislation; rather, they may apply under it. I welcome that the Minister, Deputy McEntee, will raise this with her colleague the Minister, Deputy Ryan, but this confirms that the issue has not been on the radar of the Minister for Justice with regard to stalking and the use of these devices. As I have said, if their use has increased by 317% in the past five years in our nearest neighbour, it is more than likely they have increased by the same amount in this jurisdiction as well. I find it concerning that this has not been on the radar of the Minister for Justice but I welcome that she is giving a commitment to reach out to the Minister, Deputy Ryan, to deal with this.
I would urge against using the so-called co-operative approach with these technology companies because we know where that gets us. Apple was warned about the potential for stalking with these devices before it released them onto the market and it is now trying to catch up and put in place measures. Self regulation of these types of companies never works.
I again thank the Senator for raising this matter and for the further elaboration in response to my opening statement. We will continue to treat stalking with the gravity it demands and we encourage all victims of stalking to report it to An Garda Síochána. Offences now carry potential sentences of up to ten years. Some of these offences had previously only carried sentences of five years but they were doubled and came into effect for offences since 1 November last year. It is something the Garda treats very seriously.
Across government we are committed to creating a system that allows victims to feel comfortable in coming forward and to know they will be supported and protected. I must compliment the Garda in this area, especially since Covid. The issue of sexual abuse and domestic abuse really went to the top of the radar because so many people were at home at that time. I am aware that for the gardaí in my own area, domestic abuse issues were the first ones to be dealt with. People often complain to me that if there was a crash or their house was being broken into the gardaí would go to scenes of domestic violence first. I actually take that as a great credit to the Garda and it is still its priority. It is the first thing gardaí will actually do.
The issue of technology has to be dealt with. It is so pervasive and is everywhere in our lives. It even affects us when driving in our cars. I often wonder how the various map systems can tell us where there is a red spot indicating traffic delays on a road.
I gather it is done through all the technology on the phones in the region, so it is known where there is a pile-up. Every movement is being tracked and, as a result, we need tighter controls in this area.
Defence Forces
I thank the Minister of State for coming to the House. I wish to raise the issue of UN General Assembly Resolution 52/177 - death and disability benefits, and UN General Assembly Resolution 76/275 - post-traumatic stress disorder framework. These two schemes already exist. According to our information, Irish families and veterans are unable to access or have not been assisted in accessing these two pre-existing funds.
When it comes to death and injury, just short of 100 Irish troops have died on overseas service or been killed in action dating right back to the Congo. This means that there are nearly 100 families nationwide who could benefit from this death-in-service fund administered by the UN. The relevant resolution concerning this fund was passed in 1997, but the compensation rate was recently increased to $77,000 for death in service or disability. This is a fund that Irish families and those veterans who have been injured in this way should be able to avail of.
The resolution on the post-traumatic stress disorder framework was passed in June 2022. Regarding post-traumatic stress disorder itself, I do not think Irish people fully appreciate the environment faced by our peacekeepers and our troops on peace enforcement missions led by NATO, the EU and UN. The international research and literature on post-traumatic stress disorder, PTSD, states that the key risk accelerators are when soldiers are in among the civilian population and witness the killing of civilians. This is something I and Sergeant Paul Clarke, my guest today, have seen at first-hand. It is one of the principal risk accelerators for developing PTSD. Other risk accelerators include being exposed to hostile fire, either direct or indirect, for prolonged periods and in an unexpected, sporadic and unanticipated way.
All these risk factors for PTSD recognised by international militaries describe and align perfectly with the service of Irish troops on missions all around the globe. What happens in these circumstances is that you are exposed to what is called a combat stress reaction, which is an organic, inevitable consequence of being exposed to risk and being unable to remove yourself from that environment. We have troops at present who are in a very hostile and volatile situation in south Lebanon. They will be there for six and a half months. British research shows that 20%, or one in five, of all troops in this environment will develop a combat stress reaction. The US military predicts that 30%, or one in three, of its troops will develop a combat stress reaction. The Israeli research, which is comprehensive, shows that 40% of troops will go on to develop a combat stress reaction.
Here is the thing in this regard. If this combat stress reaction is not treated, then the person will go on to develop PTSD. The physical symptoms include: hyperarousal, hypervigilance, headaches, back pain, shaking, tremors, sweating, nausea, abdominal distress, urinary incontinence, insomnia, nightmares and startle response. It alienates them from their families because they become emotionally withdrawn. The psychological symptoms are extremely profound and include anxiety attacks, depression, a heightened sense of threat, soldiers and veterans becoming angry and mistrustful, rigid, and controlling. This leads to relationship breakdown and, tragically, often alcohol and substance abuse. There is also a heightened rate of suicide.
We can do something for our veterans and their families. These funds are already in existence. From my veteran colleagues, I know the Norwegians have recently successfully got compensation for a family whose loved one was killed in the 1960s while on a UN peacekeeping mission. We should really be pointing families in this direction. The Department of Defence and the military authorities should be assisting them in availing of these funds. There is no budgetary implication or burden for the State here.
Before I call on the Minister of State, I welcome the visitors to the Gallery. They are a group of school principals who are visiting us from Hong Kong. I welcome them to Seanad Éireann. I hope their visit to the Houses of the Oireachtas, which is our Parliament, is informative and enjoyable and that they have a good and enjoyable visit to Ireland.
I thank Senator Clonan for raising this matter and welcome the opportunity to speak on it on behalf of the Tánaiste and Minister for Defence. I listened carefully to everything the Senator said. Some of it was most interesting. The level of detail in the points he made is helpful to us.
Ireland has always been a strong supporter of the United Nations and peacekeeping. Our commitment and support for the primary role of the UN in the maintenance of international peace and security is expressed in Ireland's long-standing tradition of participating in UN peacekeeping operations. The Senator referred to this and said that up to 100 Irish soldiers have died while working on UN missions over the past 60 years or so. It is well known that Ireland is one of the most long-standing participants in UN peacekeeping. Not a single day has passed in the past 60 years where there has not been an Irish soldier working abroad on a UN peacekeeping mission. It is a tribute to our Defence Forces, not just now but also over the decades. Our commitment is also expressed in our engagement in the EU's common security and defence policy.
As of 5 April 2024 Ireland had 419 personnel deployed o different missions throughout the world. The main overseas mission in which Defence Forces personnel are currently deployed is the United Nations Interim Force in Lebanon, UNIFIL. Some 345 personnel are involved in that regard. Ireland also contributes observers and staff to various United Nations and OSCE missions and personnel to staff appointments at UN, EU, NATO-PfP and OSCE headquarters. I am informed the United Nations reimburses some personnel and contingent owned equipment costs in respect of member state contributions to UN-led operations. Rates of reimbursement, fixed in accordance with UN categories of equipment and personnel, are agreed in a memorandum of understanding between Ireland and the UN for each mission.
On death and disability, including PTSD claims, UN Resolution 51/218E of 17 June 1997 saw the UN General Assembly establish standardised rates for the payment of awards in cases of death and disability sustained by troops in the service of United Nations peacekeeping operations for incidents occurring after 30 June 1997. The subsequent UN General Assembly Resolution 52/177 of 18 December 1997, which was referred to by the Senator, essentially actioned the provisions of Resolution 51/218E as they related to administrative and payment procedures. UN Resolution 76/275, also referred to by the Senator, agreed on measures to expedite the process of claims for disability, including PTSD. It is important to note that, based on the information available to the Department of Defence, this scheme is not a mechanism for individuals to lodge claims with the UN. It is an arrangement of reimbursement to the State where claims for disability-PTSD have been awarded. On this basis, the question of making such schemes known to serving personnel, veterans and their families, or supporting them to avail of such schemes, does not arise.
In the case of death or disability, individual claims are made to the Defence Forces and the Department of Defence under the relevant military occupational injuries code. Other personal injuries claims made against the Minister for Defence, including PTSD, have been delegated to the State Claims Agency since 2011.
Gabhaim buíochas leis an Aire Stáit. Our concern is that there does not appear to be any record of Ireland availing of either of these funds. I accept that many cases are litigated here, but that places of veterans under a very stressful situation where they have to go into an adversarial process. In addition, the State has very deep pockets to fight people who have PTSD or who have lost function in other ways as a result of accidents. This is an opportunity for us to recognise fully the prevalence of combat stress reaction as a phenomenon in the workplace of Irish troops overseas and the ubiquity and commonplace nature of PTSD among troops. It would be really useful if we could facilitate a non-adversarial way of dealing with these through the Department of Defence.
I might ask the Minister of State for a favour. I hope he will not take this the wrong way. I was hoping that the Tánaiste and Minister for Defence would be here because I know that veterans' groups, such as the one led by Sergeant Clarke, who has dedicated so much of his life to helping veterans and their families, would really like to have a meeting with him. I had hoped that, if he were taking this matter today, we might have been able to ambush him, to use that military term, outside the Chamber, but the Minister of State might prevail upon him the need to meet the veterans' groups, or me or Paul Clarke, to go through this. There is a pre-existing fund - I do not think it has been harnessed properly - that could give us a non-adversarial way of supporting families who deal with these issues, especially after their public service in the cause of peace.
Before the Minister of State responds, I welcome Sergeant Paul Clarke to the Public Gallery. I hope he will get the desired result following Senator Clonan's Commencement matter.
How could I refuse a request like that? I will speak to the Tánaiste and Minister for Defence about meeting the United Nations veterans. I do not think any of us does not know our local post and my one in Portlaoise is very active. The veterans turn out on occasion after occasion and are so proud of the service they have given abroad over the years. Many of them have done several tours, as we know.
On 3 April 2024, the UN provided a briefing to delegates of the permanent mission in New York on the UN reimbursement framework for member states. On foot of this, further information has been requested from the UN on the processes and criteria that currently apply to such schemes. The UN only makes payments based on available resources and these resources are dependent on the payments of contributions by member states. It is important we establish whether a claim has been lodged or what has been paid out.
On the issue relating to the State Claims Agency, which manages most claims against State agencies, it is important to take up the issue with the agency. The UN veterans or the Senator might make direct contact with it to find out how many cases are in the system. I would expect there are some in the system, and it is important to find out whether any of them has been cleared and the current status of any claims that have been lodged versus the Department of Defence, which is dealt with directly by the State Claims Agency.
I thank the Minister of State, and the Senator for raising that important issue.
Illegal Dumping
I thank the Minister of State for taking this matter. I acknowledge that the Minister of State, Deputy Ossian Smyth, has been providing a strong lead role, on behalf of the Government, in this area but I am concerned about how long it is taking to put the necessary measures in place to combat the problem of illegal dumping and littering. The Minister of State will be aware I introduced legislation to this House about three years ago with a view to ensuring local authorities could use CCTV, drones and other technology to catch those environmental criminals, and that was subsumed into the circular economy legislation we enacted at the end of 2022. It then took the Local Government Management Association, LGMA, a year to develop a code in line with the requirements of the circular economy Act. In fairness to the Minister of State, Deputy Smyth, he acted as soon as he got the information back from the LGMA, signed those regulations into place and circulated them to local authorities.
My problem with the process is that we are continuing to see the problem of illegal dumping in urban and rural areas and the Minister of State will be as familiar with it in County Laois as I am in County Wexford. It frustrates members of the public, Tidy Towns associations, development groups and local councillors and we want to be able to use this new technology, in line with data protection regulations, to catch some of these criminals. On foot of the Minister of State, Deputy Ossian Smyth, having signed the regulations, I wrote to every local authority to inquire as to how they were progressing. Not all of them responded but among those that did, the level of commitment varied. Some were enthusiastic about being able to tackle this, while others were sitting back and waiting to see what was going to happen next. There was certainly talk about how, on a regional basis, there would be trial surveillance schemes and, in some cases, about there being public consultation and so on.
What members of the public, Tidy Towns groups and local councillors are looking for are schemes whereby we can roll out, especially in areas where we know illegal dumping is taking place, CCTV and other technologies that can be used to catch these criminals. Only by making an example of these individuals will we finally see some effort to prevent the scourge of illegal dumping.
When I surveyed local authorities nationally more than two years ago, they estimated the combined total cost of dealing with illegal dumping and littering to all our local authorities was between €90 million and €100 million. It is not just the financial cost. There is the obvious environmental cost, the undoing of the good work of Tidy Towns groups and local community associations, and the potential hazard to animals, pets and livestock. It is just a disgusting practice. I am frustrated at how long it is taking for us to be able to safely, effectively and in line with data protection regulations roll out this technology.
I ask for a commitment that any of the trials and so on that have to be undertaken be done as quickly as possible. I also ask that local authorities be resourced and, if necessary, additional resources be provided to them so they can use CCTV drones and other technologies to help us rid our country of this problem once and for all.
I thank the Senator for raising this issue. I am taking this Commencement matter on behalf of my colleague, Deputy Eamon Ryan, the Minister for the Environment, Climate and Communications. The Minister of State, Deputy Ossian Smyth, also has a clear role in this area due to the data protection issue.
The Circular Economy and Miscellaneous Provisions Act 2022 advanced a number of priority provisions identified in the waste action plan, including the provision of GDPR-compliant use of technologies, such as CCTV. The Act facilitates the use of CCTV schemes, under either the Litter Pollution Act or the Waste Management Act, and the use of other mobile recording devices, such as drones and bodycams under the Waste Management Act only, as waste enforcement officers are often required to deal with significant criminality in the course of their duties. I again praise all of those working in the sector for their ongoing work in trying to tackle illegal waste.
In order to address data protection concerns, the Act set out a number of conditions to be complied with prior to the introduction and use of CCTV and other mobile recording devices. In particular, the Local Government Management Agency, LGMA, was required to prepare codes of practice setting certain standards for the operation of CCTV schemes and the use of mobile recording devices by local authorities. The LGMA engaged extensively with the Data Protection Commission and other State agencies in drafting these codes of practice, which were submitted to the Minister for approval in December 2023. Following their approval by the Minister, the codes of practice were laid before the Houses of the Oireachtas by the LGMA, and an order commencing the relevant provisions of the Circular Economy and Miscellaneous Provisions Act was signed on 15 February 2024. We all recognise this issue has been up and down through local authorities many times, primarily due to dealing with data protection issues. Local authorities are now in a position to begin the process of putting the required procedures in place to allow for the use of CCTV and other audiovisual recording, AVR, technologies in order to combat illegal dumping, subject to adherence with the relevant provisions in the codes of practice.
It is important to note that the use of these technologies will be restricted to appropriate authorised personnel within the local authorities and will require ongoing justification for installation and usage. In proposing to install and operate CCTV schemes, local authorities will be required to prepare a site management plan in respect of each individual scheme, setting out proposed arrangements for the monitoring, recording and disclosing of the images produced, and the preserving of these recordings, within the meaning of the Data Protection Act 2018. Data protection impact assessments must also be carried out in connection with the same legislation.
I emphasise that each local authority is responsible for the supervision and enforcement of the relevant provisions of the Waste Management Act in respect of the holding, recovery and disposal of waste within its functional area, and that the Minister and Department are precluded from exercising any power or control relating to the performance by a local authority of a statutory function vested in it. Under the legislation, individual local authorities are responsible for dealing with cases involving the illegal disposal of waste in their functional areas. It is a matter for them to decide on the most appropriate enforcement and clean-up actions, including the usage of CCTV or other mobile recording devices.
The Minister of State talked about the length of time it has taken to get to this point. The response the Minister has provided to the Minister of State makes it very clear that this is the responsibility of local authorities and that legislation now gives them the power to take action in this space. I would encourage local authorities to act on this basis. Some are telling me that they are going to through a particular process, waiting for trials and so on. While they have to put in place all of the necessary safeguards, I would ask the Minister to consider writing to each local authority to stress the urgency of addressing this challenge. If there is a need for additional resources to be provided to local authorities to address this issue, I ask that such resources be provided. It is not acceptable that we continue to see the scourge of illegal dumping. The Department needs to strongly support local authorities in using whatever technology is available to tackle this problem.
I thank the Senator. The Department has allocated €3 million to local authorities as part of the anti-dumping initiative for 2024. Since 2017, €18 million has been provided to local authorities across the country to support more than 1,700 projects. Local authorities continue to work with the State agency to identify problems. That funding does not specifically relate to CCTV but rather to the anti-dumping initiative. I welcome the clarity the Department has provided in stating that the use of these technologies should be restricted to appropriate authorised local authorities because, as I understand it, that is where most of the logjam was. If tidy towns committees were granted access, everybody could see what their neighbours were up to. That is too broad a brush so the scheme had to be narrowed. The focus was then put back on local authorities. They were not enthusiastic about taking this on and wanted to leave it to local communities to look after their own areas but it is now their responsibility. Exclusive use of the technology must be maintained by the local authority and only appropriate authorised officials can have access. That helps to deal with the issue of people's rights under privacy laws and so on. Now that the matter is clarified, we can move on.
I thank Senator Byrne for raising this very important issue, which is a blight on many communities. The Minister of State took all four Commencement matters this morning. We appreciate his time. We know he is in a busy Department and that time is precious so his time here in the Seanad is very much appreciated.
Cuireadh an Seanad ar fionraí ar 1.48 p.m. agus cuireadh tús leis arís ar 2 p.m.
Sitting suspended at 1.48 p.m. and resumed at 2 p.m.