Garda Síochána (Recording Devices) (Amendment) Bill 2025: Report and Final Stages
Dail Éireann — 2026-05-13
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Jim O'Callaghan (FF), Dublin Bay South

I did look at it and I am opposed to the amendment for the following reason. I am conscious that the Deputy wants to make it a criminal offence if a garda should access or use biometric analysis other than in accordance with the legislation. That would mean that a garda could be prosecuted in circumstances where the mistake was inadvertent or where something was done which did not reach the culpable level that would merit a criminal prosecution. Like the Deputy, I do not want to see gardaí unnecessarily or unfairly prosecuted. If this provision was included in the Act, there would be a requirement on the DPP or whoever is investigating it to say there is a breach of the Act because even if it was an inadvertent breach of the rules in respect of biometric analysis, there was nonetheless a breach of the rules.
The offence provision follows on from what is set out in principal Act and focuses on the falsification, concealment, destruction or unauthorised disposal of information. These are offences that could have significant consequences for people if information were destroyed or concealed. That is what is criminalised in the proposed legislation at present. The Deputy's amendment would ensure that any inadvertent use would be subject to criminal penalties when it would be far more appropriate that such activity be considered in a disciplinary context and by the various authorities that oversee An Garda Síochána.
I understand the intention of the amendment, but I do not see that making Garda personnel subject to an offence for inadvertent use is good policy here. As a result, I cannot accept the amendment.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-05-13/debate/main
Retrieved: 2026-09-14T01:01:03+00:00
Sitting date: 2026-05-13