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 move amendment No. 10:
“11. Section 49 of the Principal Act is amended—
(a) by the substitution of the following subsection for subsection (3):
“(3) The functions of the designated judge are to—
(a) keep under review the operation of Parts 3, 6 and 6A in so far as each of them has come into operation, and
(b) report to the Taoiseach from time to time and at least once every 12 months concerning any matters relating to that operation, including the impact of such operation on human rights, that the designated judge considers should be reported.”,
and
(b) in subsection (6), by the insertion of “or disclose the personal data relating to an individual” after “security of the State”.”.
This amendment arises on foot of an amendment tabled by Deputy Kelly on Committee Stage, which, in effect, I am accepting. However, I have rejigged the wording in order to give what the Deputy proposed what we would regard as a more effective meaning in terms of its presentation. I tabled amendment No. 10 having considered the amendment put forward by Deputy Kelly on Committee Stage and again now. His amendment asks that the designated judge consider whether Part 3, which deals with ANPR, or Part 6, which deals with third-party CCTV, or Part 6A, which deals with biometric analysis, operate in a manner calculated to secure "confidence in the impartial performance of policing functions, without disproportionate impact on persons of particular national or ethnic origins". Using the words "national or ethnic origins" would have left it unclear as to how this could be measure for those Parts. That is why the proposal I have come with involves a slight change to Deputy Kelly's wording.
We should assess the impact on the human rights of the person. That will allow judges to focus on the operational effect of the Parts relating to human rights, something that will also be assessed by An Garda through the human rights impact assessment during the development of codes of practice for those Parts. I thank Deputy Kelly for bringing forward his amendment. His intention in amendment No. 11 is that the human rights of individuals should be assessed by judges. That is being done, although the only real change is that I have not limited it to the national or ethnic origins. I have adopted a broader approach, but human rights will contemplate someone's national or ethnic origins.

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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