Garda Síochána (Recording Devices) (Amendment) Bill 2025: Committee Stage (Resumed)
Seanad Éireann — 2026-06-11
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Pauline Tully (SF), Cultural and Educational Panel

I move amendment No. 11:
11. In page 10, between lines 18 and 19, to insert the following:
“(ba) clear and specific limits on the circumstances in which biometric analysis or biometric categorisation may be used, including prohibitions on use for general surveillance, population-level monitoring, or speculative searches,
(bb) objective thresholds and evidential standards that must be met before any biometric analysis may be initiated,
(bc) safeguards to prevent disproportionate or discriminatory impacts, including mandatory risk assessment procedures,
(bd) technical and operational parameters governing accuracy, reliability, and error rate thresholds,
(be) mandatory documentation, authorisation procedures and audit trails to ensure accountability and prevent misuse,”.
On amendment No. 11, it is not satisfactory that so much of this legislation is left to a code of practice. It moves away from the sphere of democratic oversight. Because so much is left to the code of practice, there is lack of detail on safeguards, data limits, oversight and practical rules for device use. The section on the code of practice gives too much discretion to the Garda Commissioner, who drafts, amends and controls the consultation process for codes that regulate Garda powers. Safeguards are not fixed in legislation to leave crucial limits on biometric use retention and access. These additions strengthen the requirements in relation to the code of practice by requiring strict limits, objective evidential thresholds, anti-discrimination safeguards, technical accuracy standards and full authorisation ensuring biometric powers remain properly controlled, transparent and accountable.
Amendment No. 12 is a complementary amendment setting out what should be covered by the code of practice and stipulating that democratic oversight requires that the code of practice be laid before the Oireachtas covering safeguards that were outlined previously.
Regarding amendment No. 13, five years is too long to wait for the first review of the code of practice for the use of this new technology given concerns about potential overreach, discrimination and data protection. This amendment proposes that the first review of the code of practice should take place after two years rather than after five years.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-06-11/debate/main
Retrieved: 2026-08-14T04:55:03+00:00
Sitting date: 2026-06-11