I move amendment No. 5: In page 8, between lines 15 and 16, to insert the following: “(ab) contravenes section 43C(1);”. The Bill is drafted on the basis that what is not permitted remains prohibited. Checking a person's image against a database of images seems to remain prohibited. It seems the only way to emphasise this is to make it an offence. The Bill already criminalises falsifying, concealing or destroying information obtained by biometric analysis. It does not, however, state that a contravention of the Bill itself is an offence. The purpose of this amendment to make it an offence without lawful authority or reasonable excuse knowingly to contravene section 43C(1), which states: "A member of Garda personnel shall not carry out biometric analysis other than in accordance with this Part and any applicable code of practice." The last time we spoke on this, the Minister said he would look at it and consider it. I await his response.
Sentiment score: -0.16
I will not press the amendment. I accept the Minister's response. This is something that may need to be narrowed down and looked at. Something that is inadvertent would, by and large, be acceptable, but something that is deliberate would not. This may be a matter that we can return to at a later stage. On the basis of the Minister’s reply, I will not press the amendment.
Sentiment score: 0.10
This is a rarity, but I thank the Minister. It is not very often that, in effect, a Minister accepts an amendment from the Opposition, particularly on a Bill that is quite technical. I acknowledge that. Even though this is technically not my amendment, it reflects the spirit of the amendment I tabled. I acknowledge the fact that it is the Labour Party's amendment and my amendment. I do accept what the Minister is saying in relation to how he has constructed a revision of what I put forward and broadened it out to go past the issue of national or ethnic origins and focus on the broader human rights issue. I thank him sincerely for accepting the spirit of the original amendment. It was put forward for the right reason, namely to ensure that people will be protected no matter where they come from or their background. On that basis, I will not move amendment No. 11.
Sentiment score: 0.30