Seanad Amendments Nos. 1, 64, 65 and 70 are related and will be discussed together.
Garda Síochána (Recording Devices) Bill 2022: From the Seanad
The Dáil went into Committee to consider amendments from the Seanad.
Seanad amendment No. 1:
Title: In page 5, lines 17 to 19, to delete all words from and including “to” in line 17 down to and including “offence;” in line 19.
The deletion of section 40 by amendment No. 64 arose on foot of concerns that were voiced to my Department about the scope of the power created by this section where there is no judicial authorisation or approval process set out in legislation. The intention behind section 40 was to provide for those limited circumstances where a person refuses to provide An Garda Síochána with CCTV footage of a crime. The Department has, however, listened to the concerns raised and proposes to remove this section. After requesting and receiving further legal advice, An Garda Síochána has other ways in which it can obtain data from unco-operative third parties.
While amendments Nos. 1, 65 and 70 are consequential to the removal of section 40, amendment No. 65 removes section 41(3), the offence provision for section 40. In addition, amendment No. 70 removes the reference to subsection (3) in section 43(6). Amendment No. 1 changes the Long Title of the Bill to reflect the removal of section 40.
Seanad amendment agreed to.
Seanad Amendments 2 to 5, inclusive, 7 to 9, inclusive, 12 to 14, inclusive, 16 to 25, inclusive, 29, 31, 42, 60, 61, 66 and 67 are related and will be discussed together.
Seanad amendment No. 2:
Section 2: In page 6, line 14, before “uniform” to insert “a”.
For robustness of language and consistency throughout, there are minor technical amendments to ensure that the Bill, when enacted, is able to withstand the challenges that may follow from those who do not respect the law as demonstrated last Thursday. Greater access to automatic number plate recognition, ANPR, will help with longer-term investigations while reducing the time it takes to collate evidence and track suspects. This will enhance An Garda Síochána's investigations generally and bring benefits in every area of policing including public order and tackling incitement by the far right, again, such as we saw last Thursday.
Amendments Nos. 2 and 3 are minor technical drafting amendments regarding the definition of "body-worn camera" and will insert the word "a" before both "uniform" and "helmet"
Amendment No. 4 is a technical amendment to update the expenses provision of the Bill to change the name of the "Department of Public Expenditure and Reform" to the "Department of Public Expenditure, National Development Plan Delivery, and Reform". As Deputies are aware, the Government formally agreed to change the name of the Department with effect from 1 February 2023.
Amendment No. 5 ensures the wording is clear in respect of a recording device being operated on an animal.
Amendment No. 7 ensures it is clear that the offences relate specifically to the operation of recording devices under Part 2.
Amendments Nos. 8, 24, 60 and 66 include the word "to" after "damage" to align with the language used in the offence provisions around damage and destruction of recording devices or CCTV.
Amendments Nos. 9, 25, 61 and 67 change semicolons to commas in sections 11, 20, 32 and 41.
Amendment No. 12 clarifies that it is the "utilisation of the ANPR" that is referred to in the first subsection. Although ANPR is operated on a recording device, it is considered more consistent to refer to the utilisation of an ANPR in this section.
Amendments Nos. 13 and 14 ensure consistency in references to this section. The definition of the utilisation of ANPR in section 12 includes the operation by a member of Garda personnel of ANPR from a recording device.
Amendments Nos. 16 and 18 are minor changes to subsection (1) of section 17 and subsection (1) of section 18 that will remove the word "data". As I mentioned, the utilisation of ANPR is defined in section 12. The definition includes the processing of ANPR data, which is also defined in that section.
Amendment No. 17 is an amendment to section 18(1) that will make it clear that the reference to "that period" refers to the three-month period in that subsection and not any other time period. The three-month period referenced is the maximum period in which ANPR data may be utilised to monitor movements of a particular vehicle via the internal approval procedure. Section 17 provides that the approval shall be for as short a period as in the opinion of the member of An Garda Síochána granting the approval is reasonably required.
Amendments Nos. 19, 20 and 22 ensure there is consistency of references to the District Court judge in section 18.
Amendment No. 21 clarifies that it is the last renewal that must still be valid when making an application for a renewal.
Amendment No. 23 inserts the word "of" after "type".
Amendment No. 29 changes the word "under" to "specified in". This is just about the wording of subsection (2)(b)(i) and aligns it with the language used under section 22 where it refers to the purposes set out in section 21(3).
Amendment No. 31 changes the word used to "or" in section 24.
Amendment No. 42 is a minor drafting amendment to section 26 for consistency in language in the Bill in respect of references to data.
Seanad amendment agreed to.
Seanad amendment No. 3:
Section 2: In page 6, line 15, after "including" to insert "a".
Seanad amendment agreed to.
Seanad amendment No. 4:
Section 5: In page 8, line 36, to delete "Public Expenditure and Reform" and substitute "Public Expenditure, National Development Plan Delivery and Reform".
Seanad amendment agreed to.
Seanad amendment No. 5:
Section 9: In page 10, lines 2 and 3, to delete "if the recording device was in the same location as the member," and substitute "if the member were in the same location as the recording device,".
Seanad amendment agreed to.
Seanad amendments Nos. 6, 57 and 74 are related and will be taken together.
Seanad amendment No. 6:
Section 11: In page 11, between lines 20 and 21, to insert the following:
"Power to process data obtained under this Part
11. A member of Garda personnel may, for a purpose referred to in section 9(2), and in accordance with an applicable code of practice, process data (including personal data) obtained as a result of the operation of a recording device under this Part.”.
There are already explicit references to processing in Parts 3, 4 and 6 of the Bill, relating to ANPR. recording of telephone calls and the processing of third-party CCTV. Amendment No. 6 inserts a new section into Part 2 of the Bill.
Amendment No. 57 inserts a new section into Part 5.
Amendment No. 74 inserts a new section into Part 7 relating to processing. This is to ensure that where there is a power for the Garda to use a recording device, there is equally a power to process the data gathered from those devices. Legal advice indicated it would be better to include specific reference to processing in Parts 2, 5 and 7 to ensure no uncertainty in relation to the Garda's power to process all data gathered under the Bill. This is especially important in the light of the events of last week.
Seanad amendment agreed to.
Seanad amendment No. 7:
Section 11: In page 11, line 25, after "device" to insert "under this Part".
Seanad amendment agreed to.
Seanad amendment No. 8:
Section 11: In page 11, line 28, to delete "permits the damage or destruction of" and substitute "permits damage to, or the destruction of,"
Seanad amendment agreed to.
Seanad amendment No. 9:
Section 11: In page 11, line 28, to delete "device;" and substitute "device,".
Seanad amendment agreed to.
Seanad amendments Nos. 10, 11, 26, 27, 62, 63, 68 and 69 are related and will be discussed together.
Seanad amendment No. 10:
Section 11: In page 11, line 31, to delete "coerces, threatens" and substitute "coerces".
Amendments Nos. 10, 26, 62 and 68 delete the words "threatens" from sections 11, 20, 32 and 41. Legal advice on this matter notes that this is encompassed by the word "coerces".
Amendments Nos. 11, 27, 63 and 69 ensure it is clear that it is an offence to induce, coerce or request without lawful authority a member of An Garda Síochána to commit an offence under the previous subsection. This will align the language with sections 11, 20, 32 and 41, and will ensure the language around these offences is as robust as possible.
Seanad amendment agreed to.
Seanad amendment No. 11:
Section 11: In page 11, line 32, to delete "act in a manner contrary to" and substitute "commit an offence under".
Seanad amendment agreed to.
Seanad amendment No. 12:
Section 14: In page 13, line 2, to delete "operation of a recording device" and substitute "utilisation of ANPR".
Seanad amendment agreed to.
Seanad amendment No. 13
Section 14: In page 13, line 3, to delete "operation" and substitute "utilisation".
Seanad amendment agreed to.
Seanad amendment No. 14:
Section 14: In page 13, line 5, to delete "operation" and substitute "utilisation".
Seanad amendment agreed to.
Seanad amendments Nos. 15, 28, 32 and 37 are related and will be discussed together.
Seanad amendment No. 15:
Section 15: In page 13, line 9, after "designate" to insert "in writing".
In the interests of transparency, it is considered appropriate that the legislation should refer to the fact that designations or applications under the Bill will be in writing. Amendments Nos. 15, 28, 32 and 37 serve to make it clear in these sections.
Seanad amendment agreed to.
Seanad amendment No. 16:
Section 17: In page 14, line 11, to delete "data".
Seanad amendment agreed to.
Seanad amendment No. 17:
Section 18: In page 15, line 20, to delete "that period" and substitute "the 3-month period".
Seanad amendment agreed to.
Seanad amendment No. 18:
Section 18: In page 15, line 20, to delete "utilise the ANPR data" and substitute "utilise ANPR".
Seanad amendment agreed to.
Seanad amendment No. 19:
Section 18: In page 15, line 34, to delete "of the District Court" and substitute "to whom an application under subsection (1) is made".
Seanad amendment agreed to.
Seanad amendment No. 20:
Section 18: In page 16, line 1, to delete "judge" and substitute "judge of the District Court assigned to the Dublin Metropolitan District".
Seanad amendment agreed to.
Seanad amendment No. 21:
Section 18: In page 16, line 8, to delete "any previous" and substitute "the last".
Seanad amendment agreed to.
Seanad amendment No. 22:
Section 18: In page 16, line 20, to delete "District Court district to which the judge is assigned" and substitute "Dublin Metropolitan District".
Seanad amendment agreed to.
Seanad amendment No. 23:
Section 19: In page 16, line 27, after "type" to insert "of".
Seanad amendment agreed to.
Seanad amendment No. 24:
Section 20: In page 17, line 23, to delete "permits the damage or destruction of" and substitute "permits damage to, or the destruction of,".
Seanad amendment agreed to.
Seanad amendment No. 25:
Section 20: In page 17, line 24, to delete "data;" and substitute "data,".
Seanad amendment agreed to.
Seanad amendment No. 26:
Section 20: In page 17, line 27, to delete "coerces, threatens" and substitute "coerces".
Seanad amendment agreed to.
Seanad amendment No. 27:
Section 20: In page 17, line 28, to delete "act in a manner contrary to" and substitute "commit an offence under".
Seanad amendment agreed to.
Seanad amendment No. 28:
Section 21: In page 18, line 9, after "designate" to insert "in writing".
Seanad amendment agreed to.
Seanad amendment No. 29:
Section 21: In page 18, line 19, to delete "under" and substitute "specified in".
Seanad amendment agreed to.
Seanad amendments Nos. 30 and 75 are related and will be discussed together.
Seanad amendment No. 30:
Section 23: In page 19, between lines 11 and 12, to insert the following:
"Offences under this Part
23. (1) Where a member of Garda personnel records a telephone call to or from the Garda Síochána on a telephone line or number that the Commissioner of the Garda Síochána has not designated under section 21(2) that person shall be guilty of an offence.
(2) A person who, without lawful authority or reasonable excuse, knowingly does any of the following:
(a) falsifies, conceals, destroys or otherwise disposes of data (including personal data) recorded by the Garda Síochána from telephone lines or numbers designated under this Part;
(b) permits the falsification, concealment, destruction or disposal of the data (including personal data), for the purpose of making that data or any document derived therefrom unavailable as evidence, shall be guilty of an offence.
(3) A person who induces, coerces or requests, without lawful authority or reasonable excuse, a member of Garda personnel to commit an offence under subsection (2) shall be guilty of an offence.
(4) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.
(5) A person guilty of an offence under subsection (2) or (3) shall be liable—
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.”.
Amendment Nos. 30 and 75 extend the offence provisions for Parts 2, 3, 5 and 6 relating to the making of data unavailable as evidence to Parts 4 and 7 with the insertion of a new offence section within these Parts. The offences set out mirror those in the other Parts of the Bill.
Seanad amendment agreed to.
Seanad amendment No. 31:
Section 24: In page 20, line 9, to delete "and" and substitute "or".
Seanad amendment agreed to.
Seanad amendment No. 32:
Section 25: In page 20, line 12, after "apply" to insert "in writing".
Seanad amendment agreed to.
Seanad amendments Nos. 33 to 36, inclusive, 38 to 41, inclusive, 43 to 45, inclusive, 47 to 49, inclusive, 51 to 56, inclusive, 58, 59 and 71 are related and will be discussed together.
Seanad amendment No. 33:
Section 25: In page 20, line 13, to delete "installation or operation," and substitute "installation, operation".
As Deputies are all aware, CCTV is integral to policing and keeping our communities safe. These minor amendments, Nos. 33 to 36, inclusive, 38 to 41, inclusive, 43 to 45, inclusive, 47 to 49, inclusive, 51 to 56, inclusive, 58, 59 and 71, ensure uniformity in language in the Bill around the installation, operation, or both, of CCTV in sections 25 to 32, inclusive, and 42.
Seanad amendment agreed to.
Seanad amendment No. 34:
Section 25: In page 20, lines 20 and 21, to delete "install or operate the CCTV, or both," and substitute "install, operate or both, the CCTV,".
Seanad amendment agreed to.
Seanad amendment No. 35:
Section 25: In page 20, line 21, to delete "installed or operated," and substitute "installed, operated".
Seanad amendment agreed to.
Seanad amendment No. 36:
Section 25: In page 20, line 34, to delete "installation or operation" and substitute "installation, operation or both,".
Seanad amendment agreed to.
Seanad amendment No. 37:
Section 26: In page 21, line 7, after "apply" to insert "in writing".
Seanad amendment agreed to.
Seanad amendment No. 38:
Section 26: In page 21, line 8, to delete "installation or operation," and substitute "installation, operation!.
Seanad amendment agreed to.
Seanad amendment No. 39:
Section 26: In page 21, line 16, to delete "install or operate the CCTV, or both," and substitute "install, operate or both, the CCTV,".
Seanad amendment agreed to.
Seanad amendment No. 40:
Section 26: In page 21, line 17, to delete "installed or operated," and substitute "installed, operated".
Seanad amendment agreed to.
Seanad amendment No. 41:
Section 26: In page 21, line 31, to delete "installation or operation" and substitute "installation, operation or both,".
Seanad amendment agreed to.
Seanad amendment No. 42:
Section 26: In page 22, line 2, to delete "information or".
Seanad amendment agreed to.
Seanad amendment No. 43
Section 26: In page 22, line 7, to delete "installed and operated" and substitute "installed, operated or both".
Seanad amendment agreed to.
Seanad amendment No. 44:
Section 26: In page 22, lines 14 and 15, to delete "installation or operation of the CCTV, or both," and substitute "installation, operation or both, of the CCTV".
Seanad amendment agreed to.
Seanad amendment No. 45:
Section 26: In page 22, line 19, to delete "installation or operation of the CCTV, or both," and substitute "installation, operation or both, of the CCTV".
Seanad amendment agreed to.
Amendments Nos. 46 and 50 are related and will be discussed together.
Seanad amendment No. 46:
Section 26: In page 22, lines 20 to 22, to delete all words from and including "good" in line 20 down to and including line 22 and substitute "good character.".
Amendments Nos. 46 and 50 ensure consistency in language in the Bill with other similar provisions across the Statute Book. The amendments in these sections, 26 and 27, do not have any effect on the Garda Commissioner's ability to vet local authority employees or contractors who may be installing or operating CCTV schemes on behalf of either the Garda or local authorities. It remains open to the Garda Commissioner to do so to ensure the person is of good character.
Seanad amendment agreed to.
Seanad amendment No. 47:
Section 27: In page 22, line 32, to delete "installing or operating CCTV, or both," and substitute "installing,operating or both, CCTV".
Seanad amendment agreed to.
Seanad amendment No. 48:
Section 27: In page 22, line 34, to delete "installation or operation" and substitute "installation, operation or both".
Seanad amendment agreed to.
Seanad amendment No. 49:
Section 27: In page 23, line 3, to delete "installing or operating CCTV, or both," and substitute "installing,operating or both, CCTV".
Seanad amendment agreed to.
Seanad amendment No. 50:
Section 27: In page 23, lines 4 to 6, to delete all words from and including "good" in line 4 down to and including line 6 and substitute "good character.".
Seanad amendment agreed to.
Seanad amendment No. 51:
Section 28: In page 23, line 15, to delete "installation or operation," and substitute "installation, operation".
Seanad amendment agreed to.
Seanad amendment No. 52:
Section 28: In page 23, lines 17 and 18, to delete "installation or operation" and substitute "installation, operation or both".
Seanad amendment agreed to.
Seanad amendment No. 53:
Section 29: In page 24, line 25, to delete “installation or operation,” and substitute “installation, operation”.
Seanad amendment agreed to.
Seanad amendment No. 54:
Section 29: In page 24, lines 27 and 28, to delete "installation or operation" and substitute "installation, operation or both".
Seanad amendment agreed to.
Seanad amendment No. 55:
Section 30: In page 25, line 7, to delete "installation or operation," and substitute "installation, operation".
Seanad amendment agreed to.
Seanad amendment No. 56:
Section 31: In page 25, lines 12 and 13, to delete "installation or operation" and substitute "installation, operation or both,".
Seanad amendment agreed to.
Seanad amendment No. 57:
Section 32: In page 25, between lines 15 and 16, to insert the following:
"Power to process data obtained under this Part
32. A member of Garda personnel may, for a purpose referred to in section 25(1), and in accordance with an applicable code of practice, process data (including personal data) obtained—
(a) pursuant to an authorisation given under this Part, and
(b) where the authorisation was given to a local authority under section 26, pursuant to access given to members of Garda personnel under subsection (4)(a) of that section.".
Seanad amendment agreed to.
Seanad amendment No. 58:
Section 32: In page 25, lines 18 and 19, to delete “install or operate, or cause to be installed or operated,” and substitute “install, operate or both, or to cause to be installed, operated or both,”.
Seanad amendment agreed to.
Seanad amendment No. 59:
Section 32: In page 25, line 20, to delete “installs or operates, or causes to be installed or operated,” and substitute “installs, operates or both, or causes to be installed, operated or both,”.
Seanad amendment agreed to.
Seanad amendment No. 60:
Section 32: In page 25, line 35, to delete “permits the damage or destruction of” and substitute “permits damage to, or the destruction of,”.
Seanad amendment agreed to.
Seanad amendment No. 61:
Section 32: In page 25, line 35, to delete “thereof;” and substitute “thereof,”.
Seanad amendment agreed to.
Seanad amendment No. 62:
Section 32: In page 26, line 1, to delete “coerces, threatens” and substitute “coerces”.
Seanad amendment agreed to.
Seanad amendment No. 63:
Section 32: In page 26, line 2, to delete “act in a manner contrary to” and substitute “commit an offence under”.
Seanad amendment agreed to.
Seanad amendment No. 64:
Section 40: In page 30, to delete lines 17 to 29.
Seanad amendment agreed to.
Seanad amendment No. 65:
Section 41: In page 31, to delete lines 1 to 3.
Seanad amendment agreed to.
Seanad amendment No. 66:
Section 41: In page 31, line 10, to delete “permits the damage or destruction of” and substitute “permits damage to, or the destruction of,”.
Seanad amendment agreed to.
Seanad amendment No. 67:
Section 41: In page 31, line 10, to delete “thereof;” and substitute “thereof,”.
Seanad amendment agreed to.
Seanad amendment No. 68:
Section 41: In page 31, line 13, to delete “coerces, threatens” and substitute “coerces”.
Seanad amendment agreed to.
Seanad amendment No. 69:
Section 41: In page 31, line 14, to delete “act in a manner contrary to” and substitute “commit an offence under”.
Seanad amendment agreed to.
Seanad amendment No. 70:
Section 41: In page 31, line 16, to delete “or (3)”.
Seanad amendment agreed to.
Seanad amendment No. 71:
Section 42: In page 31, line 29, to delete “installation or operation” and substitute “installation, operation or both,”.
Seanad amendment agreed to.
Seanad amendments Nos. 72 and 73 are related and may be taken together.
Seanad amendment No. 72:
Section 42: In page 31, line 33, to delete “offences.” and substitute “offences,”.
For consistency throughout the Bill, amendments Nos. 72 and 73 ensure that the installation, operation or both of the CCTV in Garda premises is necessary and proportionate having regard to the purposes outlined in Part 7. Those purposes include not only safeguarding of persons and property but also the detection, investigation, prevention or prosecution of criminal offences.
Seanad amendment agreed to.
Seanad amendment No. 73:
Section 42: In page 31, between lines 33 and 34, to insert the following:
“if that installation, operation or both, is necessary and proportionate with regard to its principal purpose under this subsection.”.
Seanad amendment agreed to.
Seanad amendment No. 74:
Section 43: In page 32, between lines 4 and 5, to insert the following:
“Power to process data obtained under this Part
43. A member of Garda personnel may, for a purpose referred to in section 42(1), process the data (including personal data) obtained pursuant to the operation of CCTV in accordance with an authorisation under this Part.”.
Seanad amendment agreed to.
Seanad amendment No. 75:
Section 43: In page 32, between lines 4 and 5, to insert the following:
“Offences under this Part
44. (1) A person who, without lawful authority or reasonable excuse, knowingly does any of the following:
(a) falsifies, conceals, destroys or otherwise disposes of information (including visual or audio information) gathered by CCTV to which this Part relates;
(b) permits the falsification, concealment, destruction or disposal of the information;
(c) causes damage to or destroys the CCTV or part thereof;
(d) permits damage to, or the destruction of, the CCTV or part thereof,
for the purpose of making that information, any document derived therefrom or the CCTV or part thereof unavailable as evidence, shall be guilty of an offence.
(2) A person who induces, coerces or requests, without lawful authority or reasonable excuse, a member of Garda personnel to commit an offence under subsection (1) shall be guilty of an offence.
(3) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.”.
Seanad amendment agreed to.
Seanad amendments reported.
Agreement to the Seanad amendments is reported to the House and a message will be sent to the Seanad acquainting it accordingly.