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- Retrospective use of FRT to be permitted to assist Gardaí when they are searching CCTV footage and help build stronger, safer communities.
- Cabinet approves riot and violent disorder in list of offences for which Facial Recognition Technology can be used.
- Oireachtas Justice Committee asked to examine if FRT can be used for further offences.
The Irish Government has given approval to publish the General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill 2023, which will allow An Garda Síochána to use Facial Recognition Technology (FRT) in specific circumstances.
FRT is expected to save thousands of Garda working hours, by allowing the use of biometric identification to retrospectively search CCTV, thus building stronger and safer communities.
In light of the riots in Dublin City Centre on the 23rd November last, Cabinet approval for the offences of riot and violent disorder is now to be included in the proposed scope of FRT.
The maximum penalty for each of these offences is an unlimited fine, a prison sentence of up to 10 years, or both. In addition to asking the Oireachtas Justice Committee to conduct pre-legislative scrutiny, the Committee will now be asked to consider an additional list of serious offences for possible inclusion in the schedule of offences in the Bill.
The publication of the draft FRT Bill follows shortly after the passage through the Oireachtas, on November 29th 2023, of the Garda Síochána (Recording Devices) Act 2023, which was signed into law on the December 5th last.
This Act will allow An Garda Síochána to rollout bodycams from next spring, beginning in Dublin city centre. It will also provide for a robust and modern statutory framework for the use by An Garda Síochána of recording devices and the processing of video and audio data, to support their functions in investigating, detecting, preventing, prosecuting criminal offences, safeguarding against and preventing threats to public safety, public order, and in matters relating to the overall security of the State.
The draft FRT Bill will amend the Garda Síochána (Recording Devices) Act 2023 in order to give effect to the Government decision to provide that biometric identification may be used by An Garda Síochána.
Under the present Data Protection Act 2018, it is not possible for An Garda Síochána to process biometric data without a clear statutory basis being put in place.
The power to utilise biometric identification using facial images (often referred to as facial recognition technology) needs to be explicitly provided for and is set out in this General Scheme.
There has been an explosion in the use of digital data in criminal investigations, and that without adequate data analysis tools, the length of criminal investigations will increase.
Already Gardaí have to trawl through thousands of hours of CCTV, (12,000 hours in the case of the Dublin riot. The introduction of Facial Recognition Technology will dramatically save time, speed up investigations and free up Garda resources.
Reducing the amount of time it takes Gardaí to go through video footage will be of particular help where time is of the essence, following a very serious crime having been committed. It is regarded, in the interests of all parties, not least victims of crime, to have criminal investigations pursued as effectively and rapidly as is possible.
The General Scheme is intended to provide for the use of biometric identification, using facial images, by An Garda Síochána for an exhaustive list of the most serious of offences. It will only provide for a limited form of retrospective use of biometric identification which can assist An Garda Síochána when they are searching CCTV footage and data.
This draft Bill will provide for retrospective searching of images which are legally in the possession of An Garda Síochána, through the safe and ethical use of biometric identification in the following circumstances only:
- Where a serious offence is suspected, as listed in the Schedule of the General Scheme.
- The use of biometric identification is necessary and proportionate in that specific case.
- Each particular use of biometric identification is authorised in writing in advance by a Chief Superintendent and a record of that authorisation maintained.
The Government decision today has expanded this to include riot and public disorder. Such use can only be in the context of the prevention, investigation, detection or prosecution of one or more of the criminal offences listed in the Schedule or for the protection of the security of the State.
It is also important to note that there are numerous provisions included in the General Scheme which provide safeguards and oversight of the powers granted to An Garda Síochána.
While allowing An Garda Síochána access to technology to assist them in performing their function, the power provided must be subject to sufficient safeguards and oversight to ensure the use of this technology is necessary and proportionate at all times.
This draft Bill ensures that there is a requirement for a statutory code of practice, including requirements to conduct data protection and human rights impact assessments.
Not only does it ensure that the requirements for a code of practice covers the use of this type of biometric identification, it also ensures that any code created under these provisions, will have to be approved by the Houses of the Oireachtas.
We understand that there will also be judicial oversight. The designated judge of the High Court will have to report to the Taoiseach annually and this report will be laid before the Oireachtas.
The General Scheme will now be submitted to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny and to the Office of the Parliamentary Counsel for drafting.
The Oireachtas Justice Committee will consider an additional list of serious offences which FRT could be used to investigate. While they are not subject to a penalty on conviction of up to life imprisonment, however many carry very significant sentences (e.g. some have max sentences of 14 years).
They comprise additional sexual and child exploitation offences and other serious violent offences for which biometric identification is likely to be effective and are subject to extremely serious penalties.
A full list of the offences being referred to the Committee include: Abduction/False Imprisonment; Aggravated Sexual Assault; Rape; Child Sexual Abuse; Aggravated Burglary; Causing serious harm; Homicide; Riot and Violent Disorder and Robbery.
- Delivery of housing, infrastructure and environmental commitments improved through greater efficiencies.
- Court a key commitment in the Government’s Housing for All Strategy.
- New division will enable more efficient management of cases dealing with planning and environmental matters, in particular judicial reviews.
Yesterday the establishment of a new division of the High Court which had been operating on an administrative basis for a number of months and dedicated to daling with Planning and Environmental cases was seen as a major step forward and the fulfilment of a key commitment in the Government’s present ‘Housing for All Strategy’. A ceremonial first sitting yesterday morning, marked its full establishment as a High Court Division
This new division of the High Court will help to improve the delivery of housing by reducing planning delays, and will remain a key commitment in the Housing for All strategy, thus introducing much needed reforms. It will also allow for greater efficiency and specialism in the handling of litigation relating to planning and environmental matters, particularly judicial reviews.
Dealing with such cases in an effective and efficient manner is key to enabling the State’s delivery of housing and infrastructure, while also protecting the environment.
Yesterday marked the culmination of extensive engagement and consultation between the Courts Service and a number of other Government Departments; in particular the Department of Housing, Local Government and Heritage and the Department of Environment, Climate and Communications.
The new High Court division is to become fully operational following the assignment of a third additional High Court judge and the publication by the President of the High Court of ‘Practice Direction HC 124’, which took effect from yesterday, December 11th 2023.
This also follows the appointment by the Government of 24 additional judges in February last, to increase resources in the Courts and ensure greater access to justice.
The total assignment of three judges to the Planning and Environment Court is crucial to support increased capacity and flexibility.
The Supreme Court’s judgment that the Judicial Appointments Commission Bill 2022 is constitutional has been welcomed. This decision of the Supreme Court means that the Bill will now be signed by President Michael D. Higgins and will become law.
The Bill will ensure that anyone who wishes to be considered for appointment to judicial office, including serving judges, will apply to the Commission and undergo the same application and interview processes. It will also ensure that the selection of nominees for judicial office will be through fair and open competition from the widest range of possible candidates.
The Bill will reform the system of judicial appointment in Ireland. It will establish a new, independent Judicial Appointments Commission to select and recommend persons for judicial office in Ireland and in the EU and international courts.
The Bill provides that recommendations of persons for judicial office shall be based on merit. The Bill also makes provision, in relation to the courts in the State, for the objectives of equal numbers of men and women, reflecting the diversity of the population of the State and proficiency in the Irish language.
The decision of the Supreme Court was pronounced in open court this morning in accordance with Article 26 of the Constitution. This ruling follows the decision by the President, after consultation with the Council of State, to refer the Bill to the Supreme Court to decide on the question as to whether specified provisions of the Bill are repugnant to the Constitution.
The procedure set out in Article 26 of the Constitution to test the constitutionality of the Bill is an important part of the constitutional architecture of the State. Following the decision of the Supreme Court, Article 34.3.3 of the Constitution precludes the possibility of any further legal challenge to the constitutionality of the legislation.
The system for judicial appointment in Ireland is a crucial mechanism to achieve the goal of judicial independence which is a central element of the constitutional framework of Ireland.
The Judicial Appointments Commission Bill 2022 was passed by both Houses of the Oireachtas on 4 October 2023 and it was subsequently presented to the President in accordance with the provisions of the Constitution. On 13th October 2023, after consultation with the Council of State, the President had decided to refer the Bill to the Supreme Court.
A young man has been arrested following the seizure in Nenagh, Co Tipperary of approximately €100,000 worth of cocaine.
The search was undertaken as part of ‘Operation Thor’ by Gardaí from the Divisional Task Force, who were assisted by the Divisional Drugs Unit, the Garda Dog Unit and Gardaí from within the Nenagh District.
Operation Thor actively targets organised crime gangs and repeat offenders through co-ordinated crime prevention and enforcement activity, based on intelligence and the latest burglary trends.
The man arrested in connection with the search is understood to be aged in his 20s, and remains currently detained at a Garda station in the Tipperary area; held under Section 2 of the Criminal Justice (Drug Trafficking) Act 1996.
The drugs will now be forwarded for analysis t be undertaken by Forensic Science Ireland.
Garda investigations surrounding the drugs seizure are continuing.
Clare Independent TD, Mr Michael McNamara, has described Senator Garret Ahearn’s criticism of Independent TDs, who on Tuesday last, (December 5th, 2023) voted ‘No Confidence’ in Justice Minister, Mrs Helen McEntee as “facetious”* and “surprising”. [*Treating serious issues with deliberately inappropriate humour”].
Deputy McNamara has responded by suggesting that the Tipperary-based Senator is “opting to ignore the depletion in numbers of Gardaí in Tipperary merely for advancement within his own party.”
“The Garda numbers in the Clare/Tipperary Division have fallen considerably during Mrs Helen McEntee’s term of office and I am surprised that Senator Ahearn has no issue with the resultant increase in antisocial behaviour in towns like Clonmel and Ennis,” added Deputy McNamara.
Figures released by the Department of Justice in response to a Parliamentary Question by Deputy McNamara reveal that the number of serving Gardaí in the Clare and Tipperary Garda Division dropped from 727 in November 2020 to 674 in November 2023, while numbers nationally decreased by almost 4,000 to 13,940 in the three years to November 2023.
“Senator Ahearn’s comments are facetious and bely the situation faced by communities across rural Ireland that have witnessed the closure of Garda stations and an overall decrease in the number of serving Gardaí,” explained Deputy McNamara. “It comes as a great surprise to me that any politician, aspiring to represent Tipperary, would be happy with the depleted numbers of Gardaí serving in the Clare and Tipperary Garda Division.”
Speaking during yesterday’s ‘Motion of No Confidence’ in Mrs Helen McEntee, Deputy McNamara said, “There is much about personalities and criticism of people’s personalities on both sides of this House. For me, this is not about personalities at all, for what it is worth. The Minister is a fine person and a relatively competent politician. There must, though, be political accountability in this House, in this democracy. This must be the case for health services and security services. Unfortunately, there are fewer Gardaí in the State now. The total is a little under 14,000 now, while there was a little under 18,000 at the start of this Dáil term.”
“Of those gardaí, they are spending more time behind computers. That is annoying them, and they are losing confidence in their Garda management,” he continued. “We might ask what that has to do with the Minister. It is the role of the Government to put management in place in the health service or An Garda Síochána that is able and resourced to do the job. It is very clear from the views, responses and votes of rank and file Gardaí, with regard to the GRA, that they do not have confidence. The problem is resources or Garda management. Either way, that becomes the Minister’s problem because she is the one who is accountable to the House for that.”
Deputy McNamara added, “I regret not being able to express confidence in the Minister. I hope she will recruit a lot more gardaí and develop systems whereby they have more time on the beat and are not tied up as much behind their desks. All I can go on is what I am seeing and hearing in my constituency. The lack of Gardaí on the beat is resulting in increasing antisocial behaviour not just on the streets of Dublin, but on the streets of Ennis. That is a problem because people now expect Gardaí to be transferred from rural towns to Dublin. There is not the capacity for that.”
“There is a real problem with policing in this State and there has to be political accountability. It is not that I take any pleasure in not voting confidence in the Minister, but there has to be political accountability and on that basis I regret that I cannot express confidence in the Government on this issue,” concluded Deputy McNamara.
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