Jim O'Callaghan
Dublin Bay South · Fianna Fáil · Ireland
“This relates to section 69 of the Bill as passed by Dáil Éireann, which amends Schedule 5 to the Social Welfare Consolidation Act 2005 to add the Courts Service to the Schedule.”
“The first four amendments in this group are minor drafting corrections. They corrected the wording in four places so that the Bill reads consistently. It is changing the word "references" to "a reference". They make no change to the substance or effect of the Bill.”
“The ARP scheme was introduced in July 2022 to recognise the generosity of members of the public who opened their houses, whether in their entirety or through the provision of a room, at their own expense to provide shelter to people displaced by the Ukraine war. The Department of Social Protection administers the scheme on my behalf.”
“I have no doubt it will be challenged, and I have to be able to convince a court, if it is being challenged, that this legislation weighs up conflicting interests and recognises there is a mechanism for somebody who has reformed himself to get off the register.”
“The scheme has been a lifeline for people from Ukraine displaced by the conflict, given high rental market rates and scarcity of rental accommodation.”
“I thank the Leas-Cheann Comhairle in the first instance for presiding over these Stages of the legislation. I am very pleased that this legislation has been enacted. I want to thank a few people very briefly. I thank Deputy McAuliffe for introducing me to Jason Poole. I thank Senator O'Loughlin for her work on this issue in the Seanad.”
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“I thank the Deputy for his question. Obviously, I agree with him about Garda visibility. That is not happening by accident; it is happening because we are getting the number in An Garda Síochána up and a decision has been made by Government, and implemented by the Commissioner, to have high-visibility policing. I am very pleased to hear there is apparent visibility of gardaí in Rathcoole and Saggart. As I said to Deputy Murphy, the plan is to try to roll it out throughout the country. The Deputy also mentioned youth diversion programmes. In fact, there is a great link between An Garda Síochána and youth diversion programmes. One of the reasons An Garda Síochána is so popular in this country is that it is not regarded or viewed as a law-enforcement agency. It is part of the community.”
“The Deputy makes a point about it being the second most successful economy but it has also been publicly reported in the Global Peacefulness Index that Ireland is the second most peaceful country in the world. That was for 2025. Only Iceland was ahead of us. Sometimes we need to look at how people outside perceive us in order to get an accurate assessment of how successful the country is.”
“I thank Deputy Timmins for that question. It is important that we acknowledge that reference in a very prestigious magazine such as The Economist that Ireland is the second most successful economy in the world. It also has to be acknowledged that did not happen by chance. It happened because of political decisions made by previous governments in this country to adapt our economy to be in such a way that it attracts outside investment while at the same time supporting indigenous industry in the country. Sometimes listening to people in this Chamber one would not think that was the case in respect of the country but it is an extremely successful country. Economic confidence in this country exists inside it and outside it as well.”
“The numbers are looking better at present. We have 14,400 members of An Garda Síochána. I am looking to get to close to 15,000 by the end of the year. Once we get those numbers, we will see more gardaí going to the Deputy's constituency and to everyone else's constituencies.”
“Again, the Deputy wants to see more gardaí in his constituency. I do not get involved in directing the Commissioner as to where I think he should send gardaí. That would be far too political. What I say to the Commissioner, and it is something he agrees with, is that I want to see high-visibility policing. That means high-visibility policing not just in our urban areas and cities such as Dublin, Cork and Limerick, but throughout the country. When it comes to rural constituencies like the Deputy's constituency, it is more difficult to have the visible presence of gardaí in every area because of the size of the constituency. However, I assure the Deputy that the Commissioner and I are committed to ensuring we get more gardaí out around the country and visible to the people in the area. That will be achieved through garda recruitment.”
“There is no point having stations if the gardaí are in there. I will talk with the Commissioner about trying to make sure that other stations in the Deputy's constituency are open on a more full-time basis.”
“I thank Deputy McGrath for his question. Like every other Deputy in the House, the one demand he wants to see met is to see more gardaí in his constituency. I know everyone in this House wants to see the same. That is a good reflection on An Garda Síochána. The Deputy will know that the number of gardaí in Cork city increased significantly after the most recent attestation in Templemore. I am pleased to see positive reports on the presence of gardaí in Cork over the Christmas period. I will discuss with the Garda Commissioner the issues the Deputy raises in respect of Garda stations. Just as people like to see gardaí, they also want to know there are Garda stations there. Ultimately, if I have to choose between stations or gardaí on the street, I want to see gardaí on the street.”
“I thank the Deputy for his question. He is incorrect to say this Government has it in for disabled people and carers. That is simply incorrect, and his categorisation of what happened in the budget is not accurate. In terms of what he states about tax bills, the laws in respect of taxation of carers have not changed whatsoever. A letter was sent out by the Revenue Commissioners in November 2025, but the law itself has not changed. The law now is the same as it was prior to the letters going out in November. This Government very much recognises and appreciates the excellent work done by carers. If you look at the measures introduced by the Government in respect of carers and disabled people, you will see that its support for them is evident in what it does. It is not the case that the Government is targeting disabled people or carers.”
“I am satisfied that An Garda Síochána now takes seriously complaints of domestic violence. I am concerned about the detail provided by the brave Margaret Loftus in respect of how she was concerned that her complaint was not initially taken seriously. However, I recognise that she acknowledges the excellent work done by the investigating gardaí, who got her case and then pursued it relentlessly. In particular, the garda involved in that is the current Commissioner, Justin Kelly. I acknowledge her concerns, but I have to say that when you look at the top of the organisation of An Garda Síochána, it is an organisation that takes these complaints-----”
“I do not want to delay the process any further. I look forward to the Deputy's support and the support of others when that amendment comes in on Committee Stage.”
“I thank the Deputy for the question. I acknowledge his work in this area in respect of the publication by him of the Bill in 2017. His question is opportune. When I came into office, one of the issues I wanted to expedite was "disregard legislation", as it is referred to. The information I got back was that a lengthy process was ongoing in respect of the preparation of a Bill. I am pleased to say I have managed to expedite that process. I will bring forward an amendment, hopefully in March, to the Criminal Law and Civil Law (Miscellaneous Provisions) Bill, which will start in this House tomorrow, that will include amendments in respect of disregard legislation. I am very conscious that these men, and they are predominantly men, have waited a very long time for the exoneration to which they are entitled.”
“I also commend Margaret Loftus on her courage in coming forward in public and on securing a conviction, which is a very significant achievement that she achieved. We also need to recognise that Margaret Loftus commended the investigating gardaí. There has now been a conviction. Once a member of An Garda Síochána is convicted of a criminal offence, there is a process under the Garda conduct regulations, which will be a matter initiated by the Commissioner. I have no doubt that those conduct regulations will deal with issues in respect of the garda's continuation within An Garda Síochána or not. That is a matter for the disciplinary process that will be put in place. I commend Margaret Loftus on her bravery. It was a very significant achievement for her to gain a conviction of assault against her abusing husband.”
“I again commend Deputy Ward on the effort he has gone to in drafting this legislation. Both he and I share a desire to inform young people about the dangers of nitrous oxide. I want to see it regulated in such a way that it cannot be availed of by young people. At present, it is a criminal offence to sell nitrous oxide for human consumption. It is also a criminal offence to sell it to somebody aged under 18. As I indicated in my response, however, there are regulatory issues involved with the EU and other matters that require consideration. The easy thing for me to do would be to just vote it down or even to let it through, but further consideration is required in order to give this Bill the consideration it deserves.”
“For example, section 3 of the psychoactive substances Act I referred to, makes it an offence to sell a substance for human consumption, while the Bill creates a parallel offence of selling nitrous oxide without a licence under section 2. Therefore, a single act of illicitly selling a nitrous oxide canister could be an offence under two different pieces of legislation creating uncertainty as to which should be used for prosecution. I also draw the House's attention to the proposed penalties in the Bill. Under section 14 of the Bill, for the utmost serious offence of illegal sale on indictment, the penalty is a fine or imprisonment for a term not exceeding 12 months or both. That is significantly lower than the offence under the 2010 Act, which allows for penalties up to five years.”
“It would impose a considerable regulatory and financial burden on reputable sellers as well as significant cost to the Exchequer. These costs include the designation and resourcing of a competent licensing and registering authority, the development and implementation of entirely new administrative systems for processing applications and maintaining registers and the necessity of conducting a comprehensive regulatory impact assessment, particularly concerning the effect on the many small- and medium-sized enterprises that legitimately use this on a daily basis. Other issues that would require consideration with stakeholders concern the proposed offences, penalties and powers of search and seizure contained in the Bill. A primary concern is the potential for legal ambiguity due to overlap with existing legislation.”
“This period allows the Commission and other member states to review the measure. If a detailed opinion is issued, for example, if concerns are raised about potential barriers to trade, this period may be extended for a further three months for products resulting in a total of six months. A longer postponement of 12 to 18 months could occur if the Commission decided to block the national measure in favour of proposing its own comprehensive EU-harmonised legislation. Both developments must be carefully weighed when considering the progress of this domestic legislation. Regardless of the EU developments, the administrative architecture proposed in this Bill raises significant questions about its practical implementation.”
“Notably, to minimise the possibility of misuse, it is under consideration at EU level whether the derogation should include specific conditions for the sale of cartridges containing this substance, such as restrictions on the maximum volume of the substance that can be sold to members of public as well as age restrictions on the sale of cartridges containing the substance. The second key consideration is procedural. The Bill is likely to be considered a technical regulation under EU Directive No. 2015/1535. This means it is subject to the technical regulations information system notification process, which Deputy Ward is aware of. That requires us to notify the European Commission of the draft legislation. This notification triggers an initial three-month period during which the Bill cannot be adopted.”
“This new classification, which will apply from 1 February 2027, designates nitrous oxide, among other things, as a substance that is harmful to reproductive health and causes damage to the nervous system. This reclassification is not merely a technical change. It is the trigger for further regulatory action. The Commission has also published a draft amendment to the regulation on the registration, evaluation, annual authorisation and restriction of chemicals that would restrict the placing on the market of dinitrogen oxide for supply to the public, subject to narrowly defined derogations.”
“It is also worth highlighting that there are legitimate uses, as Deputy Ward and others indicated, for nitrous oxide. That is why it cannot just be categorised under the Misuse of Drugs Act. That legitimate use is in the area of the medical and catering industries. However, the challenge, as with any substance open to misuse, is to regulate its supply chain effectively without unduly penalising legitimate enterprise. In relation to regulating the supply chain, it is necessary to consider developments at EU level. First, the EU has formally adopted a new harmonised classification for dinitrogen oxide, which is the chemical name for nitrous oxide, under the EU regulation on classification, labelling and packaging of substances and mixtures.”
“Through public awareness campaigns, harm reduction advice and engagement with at-risk groups, they are working to mitigate the very real health risks, including nerve damage. The HSE actively monitors usage trends and runs targeted awareness campaigns for adults aged over 18 highlighting the long-term risks, such as vitamin B12 deficiency. A key part of this strategy is disseminating a harm reduction fact sheet detailing risks, effects and advice to drug and alcohol task forces, student unions and at festivals. Additionally, parents are also supported with information through various formats, including the drugs.ie website, dedicated fact sheets and a series of webinars. This multifaceted approach is delivered in collaboration with task forces across the country aligning with recommendations from the European Union Drugs Agency.”
“likely to be inhaled by the person under the age of eighteen years for the purpose of causing intoxication." Responsibility for these Acts rests with my Department and the Department of Children, Disability and Equality, respectively. I have to engage with them. It is noteworthy that the proposed Bill does not list nitrous oxide as a controlled drug under the Misuse of Drugs Act. This is a deliberate and significant policy choice. It means that unlike cannabis or heroin, the simple possession of nitrous oxide for personal use is not being criminalised. The Bill is squarely aimed at the supply chain, not the end user, which aligns with the harm reduction approach favoured by many health experts. I will take this opportunity to commend the ongoing work of the HSE and community groups in responding to the rise of nitrous oxide use.”
“As I mentioned briefly, the misuse of nitrous oxide is already addressed under several Acts. It falls under the definition of a psychoactive substance. Section 3 of the Criminal Justice (Psychoactive Substances) Act 2010 states: "A person who sells a psychoactive substance knowing or being reckless as to whether that substance is being acquired or supplied for human consumption shall be guilty of an offence." The sale of it for human consumption is a criminal offence. Section 74 of the Child Care Act also states: "It shall be an offence for a person to sell, offer or make available a substance to a person under the age of eighteen years or to a person acting on behalf of that person if he knows or has reasonable cause to believe that the substance is ...”
“In truth, the Bill only came to our attention very recently, last week, and some time is required to give careful consideration, particularly since at present, and this may not be recognised, it is a criminal offence to sell nitrous oxide for human consumption. I want to use the timed amendment that Deputy Murnane O'Connor will propose to engage with other Departments and An Garda Síochána in order that we can determine the extent to which this legislation can be moved forward. Deputy Ward will be aware, from recent developments at EU level, that consideration has to be given to it because of our membership of the EU. The timed amendment has not been designed to vote down a Bill just because it is coming from the Opposition. If that were my objective, I would be opposing it and voting it down now.”
“It is very beneficial that we have an opportunity to talk about it, so we can warn younger people about the dangers of taking nitrous oxide. The dangers are very significant, as has been mentioned already. It has significant neurological impact on individuals and can result in serious physical conditions as well. Somebody who is taking nitrous oxide, I regret to say, is playing Russian roulette with their health. A number of colleagues have complained about the fact that it is the proposal of Government to put forward a timed amendment. The reason for that is not that this is a Sinn Féin Bill. Deputy Ward will be aware, and Deputy Carthy will be aware that the last time Sinn Féin had a Bill in Private Members' time, I did not oppose it and it went through. It is not because of that.”
“The Minister of State, Deputy Murnane O'Connor will move the amendment when she is closing. I will begin in the same way all the other speakers have begun, by commending Deputy Ward on the Bill he has put before the House this evening. It is important that we can have a debate on nitrous oxide. Regrettably, everyone in this House is aware of the prevalence of nitrous oxide being used throughout the country. It is evident in the canisters on the ground in all parts of Ireland. Deputy Gould suggested it was limited to certain areas or certain parts of constituencies. I represent the inner city and south city of Dublin. It is there throughout every part of the constituency that I represent. This is not an issue that is limited to one particular area of our communities.”
“Those conditions, certainly in respect of very serious offences, can result in people being prevented from going into certain areas. That is obviously an issue of some complexity and that measure has to be exercised sensitively but it recognises our deep concern about ensuring that victims are protected from the ongoing damage caused to them by such offences.”
“I do not want to mislead the Deputy or indicate to him, or, more importantly, to Ms Bourke, that there is a simple solution that can be put in place to resolve this issue. I do not think that is the case. Hers was a highly unusual case. However, as a victim, she is certainly entitled to be given information in respect of when her perpetrator is to be out in public again. That is something to which she is entitled. I hope there are mechanisms in place to ensure that can be achieved. In many instances, it is very traumatic for individuals to find that the person responsible for the serious offence against them is back out in the community. I know one of the tools that the Prison Service, I and the courts have available is to provide exclusion zones or to grant release on certain grounds and conditions.”
“I acknowledge what the Deputy has said and agree with him. What happened to Fionnuala Bourke was that a harrowing and desperately traumatic crime was perpetrated on her. The perpetrator received a sentence and justice was done. My understanding is that she did not commence that sentence because at the time, she was being detained within the Central Mental Hospital. What happened in this instance was that there was a detention but not a detention on the basis of the guilt of the perpetrator because of the crime she committed against Ms Bourke. That could have been resolved through consideration regarding the imposition of a concurrent sentence. I am not sure which of the offences was dealt with first. I will look at the situation within the Department.”
“People who are victims of offences perpetrated by individuals who are retained within, say, the Central Mental Hospital can register with the National Forensic Mental Health Service victim liaison officer. I am not disowning responsibility, but that responsibility does not come within my Department but lies elsewhere. The Department of justice has no involvement in that regard. What is required in the future? The circumstances of the Deputy's constituent's case are very harrowing. They are also, I must say, unusual. That may be of cold comfort to her. We must, however, be careful about legislating for the exceptional case. The resolution is the ability that is there at present for a consecutive, as opposed to a concurrent, sentence to be imposed.”
“The issue the Deputy has identified relates to issues around when concurrent, rather than consecutive, sentences are imposed. In the case he has outlined, perhaps the injustice that his constituent feels may have been resolved if the sentence imposed in her case was a sentence that would commence after the perpetrator was released in respect of the other offence for which she was found not guilty on the grounds of insanity. People are detained in institutions such as the Central Mental Hospital. That hospital is a designated centre under the Criminal Law (Insanity) Act 2006. It is, as the Deputy knows, part of the National Forensic Mental Health Service and provides a range of forensic mental health services to its patients.”
“The Deputy is talking about circumstances that arise post conviction. In general, justice is delivered for serious crimes, such as the ones the Deputy has identified, when a person receives a sentence of incarceration. I fully recognise that prison is not the only solution to serious offences, but it is certainly part of the solution for the purposes of punishment and rehabilitation. There is significant legislation in place in Ireland to protect and enhance victims' rights. The Deputy will be aware of the Criminal Justice (Victims of Crime) Act, which does give rights to individuals. He will be aware of the Parole Act, which I was instrumental in getting enacted. It also gives rights to individuals in respect of victims seeking justice when it comes to perpetrators seeking parole.”
“There is then having to make the complaint to An Garda Síochána. I must say that, in general, when I speak to victims they give me a very positive account of their engagement with An Garda Síochána. There is then the issue that the Garda must investigate a complaint, which necessarily takes time. The Garda puts together a file, which then goes to the Director of Public Prosecutions, DPP. That can be a traumatic time for victims as the DPP determines whether there will be a prosecution or not. Of course, if the DPP does decide to prosecute, the really important part of the victim's function is that they have to give evidence in court. That can be a challenging experience. If there is a conviction, that is the stage when we say that the State has delivered justice for the individual concerned.”
“I thank the Deputy for raising this important issue. He is correct to say that he has raised this issue with me privately. It does not come as a surprise to me. He is correct in stating that the issues that have been identified have been raised in the media. At the outset, I commend the Deputy. It is important that we take into account the position of victims in the criminal justice system. Historically, the criminal justice system is very much associated with determining the guilt or otherwise of the person who is accused of the offence and probably insufficient recognition was given to the very significant challenges that victims have to overcome in order to get justice. There is obviously the trauma of the offence itself and the Deputy has outlined that in the context of the person who has raised the issue with him.”
“I believe that any bias that may have existed in terms of race or gender will ultimately be eliminated, but there will always be human verification and human assessment. I wish the Ceann Comhairle a happy Christmas and thank her for all her work. She was not here when I wished people a happy Christmas at the outset. It has been a very busy year for all of us. I wish all my colleagues, particularly the Ceann Comhairle, a happy Christmas.”
“However, we cannot get away from the fact that, around the place, there is a huge number of CCTV cameras and a large amount of footage available. The latter has become enormously advantageous in investigating criminal offences. Part of the reason certain types of crime are declining is that people who commit criminal acts know they will be apprehended owing to there being very significant CCTV surveillance. Deputy Gibney also raised concerns in respect of the technology. She said it is not infallible. I agree. Of course it is not. There is no investigative tool used by An Garda Síochána that is infallible. I listened to Deputies Donnelly and Coppinger. Many Members spoke about studies conducted that indicate the technology is unreliable. Many of these date from 2018 and 2019. The technology has improved immeasurably since then.”
“I have concerns about these also but we also have to consider the human rights of victims of crime and the individuals who are entitled to a thorough investigation. It is not a distraction. The numbers coming into An Garda Síochána are improving. As I said in November, 194 gardaí passed out from Templemore and 200 went in the following Monday. Numbers are looking up. The benefit is more gardaí in every community. An advantage to this legislation is that gardaí will not have to spend days or weeks looking through footage. They will be assisted technologically. Deputy Gannon spoke about state surveillance powers and expressed concerns about the legislation. With regard to state surveillance, this is not a Big Brother state and it does not have a Big Brother government. Nobody in this House is advocating enormous state surveillance.”
“Deputy Ward made good points. Of course, the technology is not infallible but it is not going to be used as a determinative tool and as determinative evidence meaning a person is going to be convicted of an offence. The worst that could happen is that an individual who is incorrectly identified will be questioned by An Garda Síochána. Every day of the week, people who are completely innocent are questioned by An Garda Síochána in respect of investigations because gardaí may regard them as suspects. Gardaí are lawfully entitled to question people where they have a reasonable suspicion that they have been involved in an offence. In many cases, it turns out that an individual has no involvement whatsoever and is completely innocent, but that does not undermine what the gardaí are doing. Deputy O'Reilly also raised human rights concerns.”
“Beidh na gardaí ábalta an footage a scrúdú go tapa nuair a bhíonn siad ag lorg duine amháin sa CCTV. I thank Deputy Ó Snodaigh for his contribution. Deputy Ciarán Ahern referred to the fact that he was concerned about the further extension of this legislation. I have been fairly clear – I am not going to be evasive with colleagues – that it is my intention to introduce further legislation next year for the purpose of trying to put on the Statute Book legislation that will permit retrospective biometric identification and also live biometric analysis and identification. It is of benefit to investigations and will assist the public. The reason I am introducing this is not that An Garda Síochána is saying it wants to use it for itself; it is because it is of benefit in ensuring the best policing service is available to individuals.”
“I do not know if it is correct to say a significant number, but the reason for this in legislation, and the reason there will be codes of practice, is to ensure this technology will be used only for what is lawfully permitted under a code of practice. I suspect most of us in this House use this type of facial recognition technology when we accessing our phones or various services. The fact that we are prepared to rely upon it for these purposes should indicate that it is a technology that is improving in its ability. Gabhaim buíochas leis an Teachta Ó Snodaigh freisin. Tá an ceart aige. Dúirt sé go bhfuil a lán ceamaraí CCTV timpeall na cathrach seo agus is féidir leis na gardaí na ceamaraí sin a úsáid agus iad ag déanamh a gcuid oibre. Caitheann na gardaí a lán ama ag scrúdú an footage. Tá an Bille ag freagairt an fhadhb sin.”
“In fairness, biometric categorisation is a subgroup of biometric analysis. Biometric analysis covers elements of a number of key concepts within the AI Act, including biometric categorisation, but should not be limited to that term. Deputy Carthy and several other colleagues, including Deputy O'Reilly, referred to their concern about racial profiling. Of course, that type of profiling should not be permitted. I assure colleagues that under section 89(3) of the Data Protection Act, profiling is prohibited. That section says that profiling that results in discrimination against an individual on the basis of a special category of personal data shall be prohibited. Deputy Carthy also referred to the fact that a significant number of members of An Garda Síochána would face disciplinary action for the abuse of PULSE.”
“If a woman, as it predominantly is, has been raped or seriously sexually assaulted by an individual who is known, there has to be a benefit in having this technology for the purpose of trying to identify where that person is. A garda standing at the top of Grafton Street who is looking for a suspect could be in the difficult position of trying to deal with everyone walking up and down that street. The garda might have been told to keep an eye out for a suspect and arrest them if they see them. That garda can make a mistake but there is a huge benefit in having this type of technology in that we can use the vast amount of footage available to try to analyse biometrically a lot of data to subsequently identify individuals. Deputy Carthy asked the reason for using the term "biometric analysis" and not "biometric categorisation".”
“We also need to think of it from the point of view of people who are missing. There are people who are missing and it is a terrible trauma for the families involved. This technology will be of huge assistance in enabling the Garda to check for the purpose of identifying where that person is. Similarly, a terrible thing happening in the modern world is the misuse of children for child sexual exploitation. It is going to be extremely beneficial for us to use this technology to identify children who are victims of that heinous crime. I am conscious that much of my work as Minister for justice is devoted to combating domestic, sexual and gender-based violence.”
“I have announced a series of important justice legislative provisions I want to see enacted. This is an important one. There have been a number of contributions from Deputies in respect of the reliability of what is referred to as biometric analysis. We need to be clear there is no investigative tool used by the Garda or any of us in life that is infallible. A garda can be looking for an individual and misidentify another individual as that person. Mistakes can be made consistently. However, we cannot ignore the fact there are technological advancements happening of huge benefit to police services for the purpose of investigating crimes. We have looked very much in this debate at the issue from the point of view of a person sought by An Garda Síochána as having been alleged to have committed an offence.”
“This is the last time I will speak before Christmas. I wish the Ceann Comhairle, all Members and the staff who work here tirelessly throughout the year a happy Christmas. I thank them on my behalf and on behalf, I would say, of all Members of the Oireachtas for their outstanding work. I also want to thank my officials in the Department of justice for their tireless commitment to providing assistance and help to me as Minister. I will deal with a couple of issues raised by Deputies. I would like to respond to everything Deputies said and I will try. Since Deputy Carthy is here, I will reply to what he said. He at one stage criticised me for not bringing in enough legislation and then criticised me for rushing legislation. I do not intend to rush legislation.”
“Many years ago in this House, people questioned the reliability of DNA evidence and the potential dangers of relying on DNA evidence. Technology has shown that is not unfounded. Similarly, this will be a valuable tool for the gardaí into the future and I look forward to hearing colleagues speak in respect of it.”
“I am also aware that individuals in the House may be concerned about the instance of the use of this facial recognition technology, FRT, or biometric analysis, as it is more scientifically and accurately referred to. It is important to point out nobody will be convicted solely on foot of evidence that is produced from biometric analysis. This is an aid to investigation. It will facilitate the gardaí in identifying victims of crime first of all, whether they are missing persons or children who are victims of sexual abuse, but when it comes to individuals who have perpetrated serious crime, it will enable gardaí to identify whether the person identified in the footage on one street is the individual who is now also identified in footage on another street. We have to absorb technology.”
“I saw the need for this legislation a number of months ago when I was in Store Street. This was a period over a year after the Dublin riots, which took place in November 2023. There were a number of members of An Garda Síochána and retired members who had been brought back to slowly go through footage from the Dublin riots for the purpose of trying to figure out whether an individual in one section of video footage was the same as an individual who was subsequently spotted in other footage from a different camera. We need to ensure we are not wasting valuable Garda resources by having them spending hours, days and weeks searching through video data when it can be done much more efficiently through advanced technology. That is the real benefit of this. We will see more Garda time available.”
“Under that section, only applications authorised can continue in force and applications in-train will have to be resubmitted under the new regime. To ensure applications that are already submitted to the Garda Commissioner under section 38 of the 2005 Act which are not authorised at the time of commencement of Part V of the recording devices Act 2023 will not be required to be resubmitted to the Garda Commissioner once that Part is commenced. I am also reviewing the CCTV and the automated number plate recognition, ANPR, provisions, with a view to determining if certain aspects of CCTV where there is crossover with other parts, such as ANPR, requires amendment. This is an important piece of legislation in terms of giving greater technological advancement to An Garda Síochána.”
“Section 8 will insert Part 8A into the Garda Síochána (Recording Devices) Act and sets out that the Garda Commissioner will have to draft a code of practice for Part 6A. The code of practice will be important in setting the procedures under which Garda personnel may carry out biometric analysis. The code will outline requirements in relation to storage, access, retention, deletion of data obtained as a result of the carrying out of biometric analysis. Finally, section 9 ensures that the carrying out of biometric analysis will be overseen by a designated High Court judge. Before I conclude, I will speak briefly about the amendments I intend to bring on Committee Stage. First, I am reviewing the transitional arrangements in respect of CCTV schemes under section 7 of the 2023 Act.”
“Human review of any results is required to ensure the reliability of those results. The Garda Commissioner will also be required to keep a list of how and when biometric analysis has been utilised. Section 43D is a standard processing provision to ensure gardaí can further process the results of any analysis. Section 43E provides for a range of offences specific to the Part. Section 7 of the Bill amends section 47, which relates to the code of practice provisions in the principal Act. The main purpose of this section is to include provisions which will allow for minor amendments to the code of practice to be made without necessitating a full consultation process under that section.”