Dáil Éireann Debate, Tuesday - 29 March 2022
152. Deputy Pádraig O'Sullivan asked the Minister for Justice the progress to date in preparing legislation relevant to community based CCTV; the likely timeline for the enactment of this legislation; and if she will make a statement on the matter. [16007/22]
View answerI am acutely conscious that the rollout of community CCTV schemes across the country has benefitted many communities, helping people to feel safer in their local areas. This is why it remains a priority for my Department to ensure that community groups continue to be supported in their valued contributions to their local CCTV schemes, whilst ensuring sufficient, proportionate oversight of important data protection statutory considerations.
Justice Plan 2022 commits to the publication of the Garda Síochána (Digital Recording) Bill, which relates to Garda powers to use modern digital technology including body worn cameras, ANPR and CCTV with a view to enactment by the Oireachtas. As part of the proposed bill, it is intended to repeal Section 38 of the 2005 Garda Act and to replace it with new CCTV provisions. This will deliver on the programme for government commitment to enhance the use of CCTV to help prevent crime and prosecute those involved in criminal activity.
I secured government agreement for the General Scheme of the Garda Síochána (Digital Recording) Bill in April 2021. The General Scheme was then sent to the Office of Parliamentary Counsel for formal drafting, and drafting is continuing. The enactment of this legislation is a priority for the government and it is intended to publish the bill in the second quarter of 2022 and to complete its passage through the Oireachtas later this year.
As the Deputy may be aware, community-based CCTV is currently governed by Section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI 289 of 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. These key legal requirements have not changed since 2006.
