I begin by noting that the Minister has sadly again declined to answer my repeated question as to why he is choosing to narrow the definition of biometric identification to only include situations where it is being compared with a database of named individuals when that is not what the EU AI Act defines it as or applies it to. If the Minister recalls my previous intervention, I was clear on the importance of international co-operation. That is why it is important we co-operate with regard to international definitio…

I thank the Minister. He again sought to clarify between biometric analysis and biometric identification. That was one question we had, but the actual question I have been asking repeatedly is why he is choosing to narrow the definition of biometric identification that he proposed in this legislation. When the Minister spoke, he compared biometric information with a biometric database. That is not what the legislation states. The legislation states it is of named individuals. The Minister is proposing that biometri…

I move amendment No. 8: In page 7, between lines 16 and 17, to insert the following: “(7A) Where biometric analysis is carried out in accordance with section 43C(2)(a), such use shall be subject to a data protection impact assessment.”.

I move amendment No. 9: In page 7, lines 18 to 20, to delete all words from and including “a principal” in line 18 down to and including line 20 and substitute the following: “the principal purposes outlined in section 43C(2)(a) and (b) unless the use of such results has been approved by a decision of the Circuit Court.”.

The Minister stated on Committee Stage that we had opted into the policing sections of the AI Act. However, it is difficult to see how that is going to work given legislation before us because the safeguards in the AI Act are detailed and extensive. Our amendments have consistently sought to better align this Bill with the protections and practices in the AI Act. Again, if we opt in to Article 26.10 we should be mindful of what that contains. It states: In the framework of an investigation for the targeted search o…

And a definition for biometric identification.

Why are names-----

There are search warrants and arrest warrants, there are safeguards. The Minister's picture of the police at work suggests that any delay, anything that gets in the way or any check and balance is intolerable. Let us have everybody into every house they wish to go into. This is what the Minister is describing. What the Minister has described is that a check and balance would be extraordinarily onerous, whether or not he likes this check and balance. He could say "I do not like the Circuit Court". Let us bear in min…

Nonetheless, there is a property or an individual, either way. What the Minister is talking about here refers to the searching and the mechanisms. This relates to that definition. It is disingenuous to say this Bill has nothing to do with biometric identification, which is coming later, because he put the definition of biometric identification into this Bill. If the Minister claims it has no relevance to what is in the Bill, why insert a definition that is at odds with what is happening elsewhere and that includes …

Yes.

I would not agree that gathering as many pieces together and moving them forward at once is actually a good approach, especially when it includes components it has been signalled may be introduced that have not had the proper pre-legislative scrutiny. I recognise that miscellaneous provisions legislation is a mechanism that has been used in the past, but I worry in general about the stretch of this. It worries me when elements that are known to be deeply controversial are being added into Bills that are long awaite…

I move: "That the Bill be now read a Second Time."

I am sharing time at 11 minutes and five minutes.

I welcome the Minister of State to the House. I also thank the experts who have worked with me on this legislation, and Stephen Reid from my own office for his work on its development. One of the moments when I was proudest of Ireland was being there when Ireland hosted the negotiations which led to a global ban on cluster munitions. Cluster munitions were land mines from the sky, weapons which by their very nature hurt unknown targets at unknown times in the future, were unpredictable in their effect, and were out…

I thank the Minister of State for her response and congratulate her on her appointment. I am glad the Government is not opposing this Bill. I am very happy to continue to engage. Stephen Reid, the drafter of the Bill, who I thank, is also very keen and willing to engage. In bringing this Bill forward, we are very much aware of the international process and the timeliness of the Bill. I reject the suggestion that it is not timely; it is extremely timely. A couple of crucial points are coming, with the discussions of…

Next Tuesday.

I move amendment No. 9: In page 8, between lines 21 and 22, to insert the following: “(1A) A member of Garda personnel who contravenes section 43C(1) shall be guilty of an offence.”

I wish to speak very briefly to the section. The Minister did not accept the proposed introductions of offences in terms of the amendments but will he clarify what consequences he sees playing out in relation to the inappropriate uses of these technologies and what examples have been given in relation to that?

The concern is that those tend to be internal processes and perhaps more opaque for the public, and it is the public who may be negatively impacted by the improper actions. This is part of the context. It is not solely around performance and managing a team. This is probably where the concern is coming from and why we look for-----

I agree with the concerns raised in this regard. With respect to the Minister, the recital of the AI Act talks about the "identification of natural persons, without their ... involvement ... through the comparison of a person’s biometric data with the biometric data contained in a reference database". The Minister pointed out the language that has been added into the legislation, which probably does need to be amended on Report Stage, is relation to biometric identification. The Minister seems to be adding in the f…