Amendment No. 11 seeks to include prohibitions on mass surveillance and indiscriminate searching utilising biometrics within the Data Protection Acts. As there exists at present a prohibition on mass surveillance and indiscriminate searching under the Data Protection Acts, I do not believe the proposed amendment is necessary. I also think it is probably not good legislative practice to duplicate what is already there in the Data Protection Acts. Section 4 of the principal Act - the recording devices Act - notes tha…

I thank the Leas-Chathaoirleach and the other Senators tor facilitating the conclusion of Committee Stage of the recording devices Bill. It is important legislation. It is about introducing biometric analysis on a retrospective basis in Irish law so that An Garda can have that necessary tool available to ensure it can investigate serious crimes. It is a useful tool for the purpose of investigating serious crimes. I also welcome the distinguished Members of the European Parliament this afternoon.

I thank Senators Boyhan and Collins for their contributions. Before I respond to them, I want to advise the Seanad that it is my intention to bring forward a minor technical amendment to section 8 of the Bill on Report Stage. This is an amendment to section 43B as it relates to international co-operation, and I think I already advised this House on Second Stage of that intention. The amendment is still being considered but I am told that consultation with the Garda and the Office of the Attorney General is coming t…

I thank the Senator for his contribution.

This is a minor technical amendment in section 48A(c) to the definition of biometric analysis to add the word “including”. The definition of biometric analysis is intended to afford gardaí the ability to utilise automated recognition and categorising of physiological or behavioural human features on both known and unknown persons for the purposes listed in the Bill. An added functionality of paragraph (c) is its use in locating a missing person. The addition of the word “including” is intended to make it clear that…

I thank the Senator for her amendment and her contribution. Her amendment seeks to make a minor but significant change to section 43A and, in particular, the definition of "biometric analysis". The section we are discussing here seeks to put section 43A into the Act. That is the first section in the new Part that is entitled "Carrying out of biometric analysis by members of Garda personnel". Obviously, it is appropriate that we define what biometric analysis is. Senator Ruane's amendment recognises that the first p…

I thank both Senators for their contributions. When it comes to the application of this legislation, if it is enacted, or its interpretation by a court, both circumstances will require a court or a garda applying it to consider the definitions contained within this legislation. The court and the garda will not be going to a definition of “biometric analysis” or “biometric identification” in the AI Act. For the purpose of this legislation, it is the definition of “biometric analysis” set out here. The part of the le…

It is biometric.

Ultimately.

I thank all Senators for their contributions. It is important to point out that the purpose of this legislation is to protect people who are victims of crime and to provide An Garda Síochána with tools to investigate serious crimes. One of the crimes that would be most relevant to the biometric analysis when it is enacted is child sexual abuse material which is on video, because it will enable gardaí to use the tools of biometric analysis to see whether or not a child who has been sexually abused in one imagery is …

I have answered all the issues previously. I have indicated I am satisfied it complies with the GDPR and with data protection.

I thank the Senator for her amendment and her contribution. I discussed this in the Dáil with Deputy Carthy. I cannot accept it. When you look at what biometric analysis will be doing, it is a tool that will assist the Garda in sorting and filtering data so that a human reviewer can narrow down avenues of investigation. That is the purpose of it - to speed up the process in order to protect victims who could be in immediate danger. If we take an example of a child sexual abuse investigation where there would be tho…

I understand the purpose and objective of the amendment because it is important that rules are in place governing the retention of data, how long it can be retained for and its use. The way we are proposing to deal with that is in the code of practice, which is set out in section 10 of the Bill. The Senator will see that section 10 of the Bill refers to a new section 47A, which refers to codes of practice for Part 6A, which is the biometric analysis. The proposed section 47A(2) states that "a draft code of practice…

I thank both Senators for their amendments and contributions. Both in effect wish to make it a criminal offence if a member of An Garda Síochána or Garda personnel does not carry out biometric analysis in accordance with Part 6A or with the code of practice. That would be draconian. There could be many examples where a garda inadvertently fails to follow the code of practice or makes a mistake, as we all do in our professional lives, when it comes to the code of practice. If that happened under the amendments put i…

There will be a code of practice that will set out disciplinary codes for the Garda Síochána. If a garda misuses this, there will be consequences for the garda but it does not mean there has to be criminal prosecution always.

I thank all Senators for their contributions. At the outset I wish to clarify that what we are talking about here is grouping C of amendments that are on the list in front of us. That is a group of eight amendments comprising Nos. 6 to 13, inclusive. My amendments are Nos. 8, 10 and 11. The other amendments have been tabled by Senators Ruane and Black. At the outset I will indicate what all of these amendments relate to. They all concern section 7, as Senator Ruane has indicated. More specifically, however, they al…

If the Senator does not believe me, it is interesting to look at what happened in The New York Times recently. It had an editorial, about six weeks ago, where it stated it was reviewing the policy it had in respect of the legalisation of marijuana. The Senator can look at The New York Times .

The New York Times said that you cannot ignore the very significant health damages caused to young people as a result of the use of marijuana.

That is what The New York Times stated and I thought it was quite significant when I read that. It is worth people considering that. It is the case, if you look to see what has happened in the United States, that cannabis has a significant impact. It can generate psychosis in young people. I am not prepared to ignore that. Leaving aside that, and I appreciate and acknowledge the consistency of Senator Ruane on this issue, if we are going to have a debate on decriminalisation or legalisation, let us do that in an op…

I thank Senator McDowell for raising the issue. My reading of section 8 is that it applies to, obviously, any place where a garda is in a public place or a place where a member of the force is lawfully present. Nonetheless, I will give consideration to what he said and see whether or not it needs to be tightened up. At present, it states; A member who has reasonable grounds to suspect that a person— (a) has committed, or is committing, an offence, or (b) is in possession of a relevant article, may require the perso…