Dáil Éireann Debate, Thursday - 1 October 2020
253. Deputy Jackie Cahill asked the Minister for Justice her plans to introduce legislation to allow An Garda Síochána and county councils to become joint data controllers of CCTV schemes; the status of the CCTV scheme in Littleton, County Tipperary, which was allocated funds in February 2016; and if she will make a statement on the matter. [28001/20]
View answerAs the Deputy will be aware, Community-based CCTV is governed by section 38(3)(c) of Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006. This legal framework requires that any proposed community CCTV scheme must:
- be approved by the local Joint Policing Committee,
- have the prior support of the relevant local authority, which must also act as data controller, and
- have the authorisation of the Garda Commissioner.
This is the legal basis for all community CCTV schemes, regardless of how they are funded and these key legal requirements have not changed since 2006. The option to establish a Community CCTV scheme is available to groups that meet these legal requirements, anywhere in the country.
I can inform the Deputy that I am progressing a range of new Bills relating to Garda governance and policing powers. It is my intention to repeal the provisions currently contained in Section 38 of the 2005 Act, and to replace them with provisions in the Garda Síochána (Digital Recording) Bill. I hope to bring the general scheme of that Bill to Government for approval very soon.
In relation to the applications from Littleton the Deputy has referred to, I am informed that the application for a Community Based Scheme under Section 38(3)(c) of the Garda Síochána Act, 2005, has not met the standard to be heard at the CCTV Advisory Committee (which makes recommendations to the Garda Commissioner) due to issues in respect of the location of the server. It had been proposed that the server would be based in the local Garda Station and that the local Superintendent would act as Data Controller. This is at variance with S.I. 289/06 which stipulates that the Local Authority will act as Data Controller. This has been communicated back to the applicant groups and I understand that a reply is awaited on any alternative proposal for siting of the server.
