This is a minor technical amendment to change paragraph (c) of the definition of the "biometric analysis" in section 43A to add the word "including". The definition of biometric analysis is intended to afford An Garda Síochána the ability to utilise automated recognition and categorisation of physical, physiological or behavioural human features of 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 this is an additional purpose rather than the sole purpose of paragraph (c).

Sentiment score: 0.10

I thank Deputy Carthy for his support for this legislation. I also note the other issues he raised in relation to wider criminal justice and Garda issues. However, I will go back to discussing Deputy Kelly's amendment, tabled by Deputy Sheehan. The amendment made in the Seanad to section 43C(2) is to allow, where necessary and appropriate, An Garda Síochána, in the context of international co-operation, to utilise biometric analysis, subject to a code of practice. The code of practice must be laid before both Houses for positive resolutions to be passed. The relevant EU or domestic measure, international agreement or circumstances for use of biometric analysis will aid gardaí in determining whether its use is necessary and proportionate to the criminal offence for which it is proposed to be carried out. It will not be utilised for every criminal offence, and An Garda Síochána will be best placed to determine whether it is proportionate to utilise in the context of the specific offence they have been asked for assistance with. The use of biometric analysis will be subject to a code of practice, which is required to be laid before both Houses for positive resolutions to be passed. There will also be annual oversight by an independent member of the Judiciary, who will report to the Taoiseach annually on its operation. That report will be laid before the Houses of the Oireachtas. The key point is that it may be used, not that it will be used for all international co-operation that An Garda Síochána engage in. A lot of investigations into child sexual abuse material may be referred from international partners, and it is imperative that gardaí have all the tools they require at their disposal to co-operate internationally in this field. Missing persons investigations may not always be confined to one state and the same applies to victims of crimes such as trafficking. Cross-border co-operation is imperative in these types of investigations as well. All requests from Europol and Interpol are channelled through the respective units within An Garda Síochána. There must be a clear justification for any requests from Europol or Interpol, and it must fall within the mandate of those organisations. International partners, such as other member states' police forces, operate within their own national laws and EU laws when sharing information. I, therefore, cannot accept the proposed amendment.

Sentiment score: 0.09

Live FRT will be dealt with in separate legislation. I believe we have sufficient guardrails in place in this legislation. The amendments from the Seanad pull international co-operation into the purposes for which biometric analysis may be utilised. This means that where gardaí wish to utilise biometric analysis in the context of international co-operation, the safeguards in the Bill will apply, including the use of tests that are necessary and proportionate, and that there must be human oversight. A written list of use must be kept, and there is also oversight by a High Court judge, among others. It has been stressed repeatedly throughout the passage of this Bill that it is of the utmost importance that there can be effective international co-operation, and the Bill does not impede such co-operation. This is particularly in the case of child sexual abuse material investigations. An Garda Síochána regularly engages with its counterparts in other EU states and with international organisations, such as Interpol and Europol, in the fight against what are absolutely heinous crimes, as I think we can all agree. We can also see how important co-operation among law enforcement agencies is when we look at the recent arrest of a man, who is wanted in Germany for child kidnapping, illegal restraint and hostage taking, as part of an international operation targeting human trafficking. As I said, there must be a clear justification for any requests coming to An Garda Síochána. Equally, as with the use of biometric analysis, there must be a clear justification for its use in any investigation for any of the purposes listed in section 43C. I do not have anything further to add at this stage.

Sentiment score: 0.07