I move: "That the Bill be read a Second Time." I am very pleased to introduce the Bill to the House. I look forward to hearing the contributions of colleagues. As Deputies will be aware, back in 2023 the Houses enacted the Garda Síochána (Recording Devices) Act. The Bill I am introducing today is an amendment to that legislation. The legislation the Houses enacted in 2023 constituted an important contribution to updating An Garda Síochána's technological capabilities by providing it with a statutory basis for the operation of recording devices. The type of recording devices that An Garda Síochána can use pursuant to the 2023 legislation are body-worn cameras, which have been of great assistance in public policing and automatic number plate recognition, ANPR. The 2023 legislation also sets out how CCTV footage is to be utilised by An Garda Síochána. The Bill will build on that body of work by providing gardaí with the ability to utilise biometric analysis, a tool that will allow An Garda Síochána to further upgrade its investigative tools for the digital age. This is generally referred to as facial recognition technology, FRT, but there is of course much more to biometric analysis than merely facial recognition. Biometric analysis covers an assessment of the physical, behavioural or physiological characteristics of an individual. In terms of the legislation that I am seeking to introduce for the benefit of An Garda Síochána, it will however predominantly centre on face, gait or other elements such as the build of an individual for the purpose of analysing persons who are on video footage. This area is relatively complex scientifically. When we talk about biometric analysis, it is important to note that there are four types of biometric analysis or facial recognition that can be used. The first is that we can have retrospective biometric analysis. That is what this Bill seeks to introduce. I will come back to consider that presently. We can also have retrospective biometric identification. I hope to be back in the House in due course for the purpose of legislation in respect of that. Both of them are retrospective. The analysis of footage is for the purpose of retrospectively identifying somebody through a database of facial identities we already have. On top of that, there are also two other types of biometric analysis, which are referred to as "live" - live biometric analysis and live biometric identification. I also hope to come back to the House in respect of them. In respect of what we are talking about today, it is important to be aware, as many colleagues are, that huge quantities of images and footage are examined as part of investigations. We are all familiar with the request from An Garda Síochána to the public to share dashcam or mobile phone images of an incident, the lead up to an incident, or its aftermath. An Garda Síochána make such requests on the basis that it recognises that such footage often holds key information and evidence. Manual processing of such vast tracts of data can lead to long delays or even missed evidence. Safe and reliable tools now exist to assist law enforcement authorities with their investigations. This Bill provides An Garda Síochána with the ability to sort, filter and categorise images and footage gathered in the course of a Garda investigation. That work is termed "biometric analysis", as defined in the Bill. The Garda has the power to utilise automated recognition in the context of objects. For example, it can search CCTV for the blue jacket or the red car. Biometric analysis consists of the automated recognition of human features through the processing of images and footage obtained by An Garda Síochána in the course of an investigation. It is undertaken to find each instance of an individual in the images or footage captured. At the heart of the reform proposed in this Bill is the objective of providing the Garda with a tool that will be a crucial aid in investigations that involve the processing of a large volume of data. Officials from my Department have worked very closely with their colleagues from An Garda Síochána to understand what technological advancements are most needed in investigations involving huge amounts of images and footage. The Garda has made it clear that biometric analysis will be particularly helpful in such investigations. It gives the example of investigations into child sexual abuse material and investigations involving public disorder. Biometric analysis will considerably speed up such investigations, thereby assisting victims and bringing criminals to justice more quickly. I am also aware that Deputies across the House recognise the right to privacy and the importance of data protection in modern society. These are not hollow aspirations but rather are legal requirements in domestic and international law that must be respected. However, these legal requirements do not mean that law enforcement authorities and security services are hamstrung in keeping communities safe and protecting national security when they are faced with a suspect's right to privacy. As we know, no right is absolute; rather, these are rights that can and must be compromised in the pursuit of serious criminals and those who wish to visit violence and disorder upon the community. Privacy cannot be a shield behind which criminals or terrorists may find refuge and evade investigation, arrest or prosecution. I strongly believe that this legislation achieves the delicate balance between respecting personal rights and ensuring the gardaí have the tools they need to do their jobs effectively. Gardaí should not have their hands tied behind their back when it comes to fighting crime and upholding justice, law and order. We are committed to ensuring that the most advanced technology is made available to them which, subject to safeguards, they are free to utilise. It is important to recognise that what is termed "biometric analysis" in this Bill is a tool that is being widely used by police services across the EU and UK. There are multiple international databases dedicated to assisting law enforcement agencies in investigations into child sexual abuse that already rely on this technology. What is being proposed here is not extraordinary in international policing terms. I would argue it is more akin to standard practice policing in the EU. With that assurance, I would like to further reassure Deputies of the safeguards designed to ensure against any form of abuse of this technology. Biometric analysis will only be utilised where it is necessary and proportionate to do so. I have full trust in gardaí in their work to form an opinion as to when this technology will be needed. That opinion will be formed subject to the code of practice that will underpin this legislation. Any use of biometric analysis will be subject to scrutiny by the court which eventually hears any prosecution arising out of the investigation that utilised that technology to gather evidence. The code of practice will be made publicly available and will set out procedures surrounding the use of biometric analysis. It will be drafted by the Garda Commissioner and laid before both Houses of the Oireachtas. Approval for the code is dependent on positive resolutions being passed in these Houses. Human rights and data protection impact assessments will be required as part of the procedure for drafting the code of practice. The Bill also includes provision for offences around misuse or abuse of biometric analysis. For example, a member of Garda personnel who goes outside of the procedures set out in the code of practice and conceals the results of the use of biometric analysis will be committing an offence. Biometric analysis will only be utilised by gardaí in the context of the investigation of arrestable offences, the protection of the security of the State and for missing persons. It will not be used in the context of more minor offences. I also emphasise to Deputies that there will be no automated decision making on foot of the results of biometric analysis. This technology is only designed to assist trained gardaí who are responsible for coming to a decision on how to utilise the data that has been processed. The Bill will ensure that the oversight provided by a High Court judge for Parts 3 and 6 of the Garda Síochána (Recording Devices) Act 2023 is extended to include the provisions of this Bill. A High Court judge will, therefore, report to the Taoiseach on the operation of this Bill on an annual basis. Finally, and most crucially, it should be acknowledged that this Bill is subject to EU law in this area, including the AI Act and the Prüm II Regulation. It is incumbent on the State to transpose all aspects of these laws in the near future. The Bill was drafted with these law to the fore of its considerations and any future work in this area will likewise have to ensure that there is no conflict with EU law. I will now outline the stated aims of this Government as outlined in the programme for Government because this legislation is being brought forward in the context of commitments therein. The programme for Government states that the Government intends to support the gardaí to use artificial intelligence in criminal investigations subject to clear guidelines and oversight and to deploy facial recognition technology for serious crimes and missing persons, with strict safeguards. This Bill moves to further that stated intention but the Government's work will not end there. This amending Bill makes the first of two planned amendments to the Garda Síochána (Recording Devices) Act 2023. This Bill, providing for retrospective biometric analysis, will be followed by another Bill which will provide for retrospective and live biometric identification. Biometric identification is defined in section 6 of this Bill. It consists of the automated recognition of human features in order to identify that person by comparing biometric data of the individual to biometric data stored in a database of individuals. The General Scheme of that Bill is still in development and it would not be appropriate to go into detail here on what it will contain. My intention is to introduce that Bill in the Houses next year. I want to address the issue of the Garda need for this technology. I do not need to remind Deputies of the vitally important role gardaí play. They are rightly proud of being closely integrated with the communities they serve and of the model of policing by which they keep those communities safe. This Bill seeks to continue down the path of providing gardaí with modern tools to complement that long-established policing model rather than in any way seeking to replace it. This legislation will provide technology that can save Garda personnel from the harrowing task of trawling through child sexual abuse material. I must look out for the welfare of gardaí and Garda staff. Equally, it will finally ensure that gardaí have the tools to examine hundreds of hours of CCTV footage relevant to a murder or public order investigation in minutes rather than individual gardaí, as part of a team, spending weeks poring over that footage. It is my strong view that the powers being afforded to gardaí here are proportionate to the significant challenges they face. I have full confidence that they will make a material difference in assisting gardaí in their vital work and am equally confident that the use of this technology will be necessary and proportionate. The Bill is divided into nine sections which I will now briefly outline. Sections 1 and 2 contain standard provisions to set out the Title of the Bill, commencement orders and coming into force once enacted, as well as defining key words and phrases. Section 3 amends section 2 of the principal Act. It amends the definition of a code of practice to take into account the new sections being inserted in that Act by this Bill and it also inserts the definition of an arrestable offence. Section 4 amends section 3 of the 2023 Act which relates to orders and regulations made under that Act. Section 6 really is the meat of this legislative provision. It will insert a new Part 6A which contains five sections into the Recording Devices Act, namely sections 43A to 43E. I will go through them now. Section 43A will set out the definitions specific to the new Part, including the definition of biometric analysis. This definition is divided into three parts. The first part would allow for searches of general biometric characteristics, for example, if a description of a suspect from a witness mentioned their hair colour, height, or a distinguishing feature. The second would allow for the automated recognition and categorising of features of unknown individuals. In other words, where an image that is gathered in the course of an investigation can be searched against other images or footage gathered in the course of that same investigation. The third part would also include the automated recognition and categorising of features of an individual in documents obtained by gardaí but this is where the individual’s identity is already known. For example, gardaí may have arrested a person for possession of child sexual abuse material. They may then wish to search that material for instances of the arrested person in order to understand the full extent of their offending. Missing person cases may also involve biometric analysis being used to find instances of that missing person whose identity is known to gardaí. The definition of biometric analysis excludes biometric identification which is the comparison of an image against a database of images for the purpose of ascertaining, or attempting to ascertain, a person’s identity. Section 43B sets out that the Bill will not apply to certain enactments. This is to ensure that any cooperation internationally where gardaí may have access to databases which utilise facial recognition, is not impacted by the provisions of this Bill. Section 43C provides for the carrying out of biometric analysis on a retrospective basis only. The purposes for which it can be carried out are in the context of an arrestable offence, in the search for missing persons and also for the protection of the security of the State. That is not to say that in every investigation in these areas, gardaí will resort to biometric analysis. Section 43C also provides that it must be necessary and proportionate and will be presumed to be so if in line with this Bill and a code of practice. The data subjects that can be searched for are included in this section. It is important that we have clarity on who gardaí will be looking for using these tools. These are victims of arrestable offences, missing persons, individuals who are suspected of the commission of an arrestable offence and those who are suspected of being a threat to our national security. Human review of any results is required to ensure the reliability of those results. The Garda Commissioner will also be required to keep a list of how and when biometric analysis has been utilised. Section 43D is a standard processing provision to ensure gardaí can further process the results of any analysis. Section 43E provides for a range of offences specific to the Part. Section 7 of the Bill amends section 47, which relates to the code of practice provisions in the principal Act. The main purpose of this section is to include provisions which will allow for minor amendments to the code of practice to be made without necessitating a full consultation process under that section. Section 8 will insert Part 8A into the Garda Síochána (Recording Devices) Act and sets out that the Garda Commissioner will have to draft a code of practice for Part 6A. The code of practice will be important in setting the procedures under which Garda personnel may carry out biometric analysis. The code will outline requirements in relation to storage, access, retention, deletion of data obtained as a result of the carrying out of biometric analysis. Finally, section 9 ensures that the carrying out of biometric analysis will be overseen by a designated High Court judge. Before I conclude, I will speak briefly about the amendments I intend to bring on Committee Stage. First, I am reviewing the transitional arrangements in respect of CCTV schemes under section 7 of the 2023 Act. Under that section, only applications authorised can continue in force and applications in-train will have to be resubmitted under the new regime. To ensure applications that are already submitted to the Garda Commissioner under section 38 of the 2005 Act which are not authorised at the time of commencement of Part V of the recording devices Act 2023 will not be required to be resubmitted to the Garda Commissioner once that Part is commenced. I am also reviewing the CCTV and the automated number plate recognition, ANPR, provisions, with a view to determining if certain aspects of CCTV where there is crossover with other parts, such as ANPR, requires amendment. This is an important piece of legislation in terms of giving greater technological advancement to An Garda Síochána. I saw the need for this legislation a number of months ago when I was in Store Street. This was a period over a year after the Dublin riots, which took place in November 2023. There were a number of members of An Garda Síochána and retired members who had been brought back to slowly go through footage from the Dublin riots for the purpose of trying to figure out whether an individual in one section of video footage was the same as an individual who was subsequently spotted in other footage from a different camera. We need to ensure we are not wasting valuable Garda resources by having them spending hours, days and weeks searching through video data when it can be done much more efficiently through advanced technology. That is the real benefit of this. We will see more Garda time available. I am also aware that individuals in the House may be concerned about the instance of the use of this facial recognition technology, FRT, or biometric analysis, as it is more scientifically and accurately referred to. It is important to point out nobody will be convicted solely on foot of evidence that is produced from biometric analysis. This is an aid to investigation. It will facilitate the gardaí in identifying victims of crime first of all, whether they are missing persons or children who are victims of sexual abuse, but when it comes to individuals who have perpetrated serious crime, it will enable gardaí to identify whether the person identified in the footage on one street is the individual who is now also identified in footage on another street. We have to absorb technology. Many years ago in this House, people questioned the reliability of DNA evidence and the potential dangers of relying on DNA evidence. Technology has shown that is not unfounded. Similarly, this will be a valuable tool for the gardaí into the future and I look forward to hearing colleagues speak in respect of it.

Sentiment score: 0.07

That is wrong.

Sentiment score: -0.48

The Courts and Civil Law (Miscellaneous Provisions) Bill 2025.

Sentiment score: 0.00

This is the last time I will speak before Christmas. I wish the Ceann Comhairle, all Members and the staff who work here tirelessly throughout the year a happy Christmas. I thank them on my behalf and on behalf, I would say, of all Members of the Oireachtas for their outstanding work. I also want to thank my officials in the Department of justice for their tireless commitment to providing assistance and help to me as Minister. I will deal with a couple of issues raised by Deputies. I would like to respond to everything Deputies said and I will try. Since Deputy Carthy is here, I will reply to what he said. He at one stage criticised me for not bringing in enough legislation and then criticised me for rushing legislation. I do not intend to rush legislation. I have announced a series of important justice legislative provisions I want to see enacted. This is an important one. There have been a number of contributions from Deputies in respect of the reliability of what is referred to as biometric analysis. We need to be clear there is no investigative tool used by the Garda or any of us in life that is infallible. A garda can be looking for an individual and misidentify another individual as that person. Mistakes can be made consistently. However, we cannot ignore the fact there are technological advancements happening of huge benefit to police services for the purpose of investigating crimes. We have looked very much in this debate at the issue from the point of view of a person sought by An Garda Síochána as having been alleged to have committed an offence. We also need to think of it from the point of view of people who are missing. There are people who are missing and it is a terrible trauma for the families involved. This technology will be of huge assistance in enabling the Garda to check for the purpose of identifying where that person is. Similarly, a terrible thing happening in the modern world is the misuse of children for child sexual exploitation. It is going to be extremely beneficial for us to use this technology to identify children who are victims of that heinous crime. I am conscious that much of my work as Minister for justice is devoted to combating domestic, sexual and gender-based violence. If a woman, as it predominantly is, has been raped or seriously sexually assaulted by an individual who is known, there has to be a benefit in having this technology for the purpose of trying to identify where that person is. A garda standing at the top of Grafton Street who is looking for a suspect could be in the difficult position of trying to deal with everyone walking up and down that street. The garda might have been told to keep an eye out for a suspect and arrest them if they see them. That garda can make a mistake but there is a huge benefit in having this type of technology in that we can use the vast amount of footage available to try to analyse biometrically a lot of data to subsequently identify individuals. Deputy Carthy asked the reason for using the term "biometric analysis" and not "biometric categorisation". In fairness, biometric categorisation is a subgroup of biometric analysis. Biometric analysis covers elements of a number of key concepts within the AI Act, including biometric categorisation, but should not be limited to that term. Deputy Carthy and several other colleagues, including Deputy O'Reilly, referred to their concern about racial profiling. Of course, that type of profiling should not be permitted. I assure colleagues that under section 89(3) of the Data Protection Act, profiling is prohibited. That section says that profiling that results in discrimination against an individual on the basis of a special category of personal data shall be prohibited. Deputy Carthy also referred to the fact that a significant number of members of An Garda Síochána would face disciplinary action for the abuse of PULSE. I do not know if it is correct to say a significant number, but the reason for this in legislation, and the reason there will be codes of practice, is to ensure this technology will be used only for what is lawfully permitted under a code of practice. I suspect most of us in this House use this type of facial recognition technology when we accessing our phones or various services. The fact that we are prepared to rely upon it for these purposes should indicate that it is a technology that is improving in its ability. Gabhaim buíochas leis an Teachta Ó Snodaigh freisin. Tá an ceart aige. Dúirt sé go bhfuil a lán ceamaraí CCTV timpeall na cathrach seo agus is féidir leis na gardaí na ceamaraí sin a úsáid agus iad ag déanamh a gcuid oibre. Caitheann na gardaí a lán ama ag scrúdú an footage. Tá an Bille ag freagairt an fhadhb sin. Beidh na gardaí ábalta an footage a scrúdú go tapa nuair a bhíonn siad ag lorg duine amháin sa CCTV. I thank Deputy Ó Snodaigh for his contribution. Deputy Ciarán Ahern referred to the fact that he was concerned about the further extension of this legislation. I have been fairly clear – I am not going to be evasive with colleagues – that it is my intention to introduce further legislation next year for the purpose of trying to put on the Statute Book legislation that will permit retrospective biometric identification and also live biometric analysis and identification. It is of benefit to investigations and will assist the public. The reason I am introducing this is not that An Garda Síochána is saying it wants to use it for itself; it is because it is of benefit in ensuring the best policing service is available to individuals. Deputy Ward made good points. Of course, the technology is not infallible but it is not going to be used as a determinative tool and as determinative evidence meaning a person is going to be convicted of an offence. The worst that could happen is that an individual who is incorrectly identified will be questioned by An Garda Síochána. Every day of the week, people who are completely innocent are questioned by An Garda Síochána in respect of investigations because gardaí may regard them as suspects. Gardaí are lawfully entitled to question people where they have a reasonable suspicion that they have been involved in an offence. In many cases, it turns out that an individual has no involvement whatsoever and is completely innocent, but that does not undermine what the gardaí are doing. Deputy O'Reilly also raised human rights concerns. I have concerns about these also but we also have to consider the human rights of victims of crime and the individuals who are entitled to a thorough investigation. It is not a distraction. The numbers coming into An Garda Síochána are improving. As I said in November, 194 gardaí passed out from Templemore and 200 went in the following Monday. Numbers are looking up. The benefit is more gardaí in every community. An advantage to this legislation is that gardaí will not have to spend days or weeks looking through footage. They will be assisted technologically. Deputy Gannon spoke about state surveillance powers and expressed concerns about the legislation. With regard to state surveillance, this is not a Big Brother state and it does not have a Big Brother government. Nobody in this House is advocating enormous state surveillance. However, we cannot get away from the fact that, around the place, there is a huge number of CCTV cameras and a large amount of footage available. The latter has become enormously advantageous in investigating criminal offences. Part of the reason certain types of crime are declining is that people who commit criminal acts know they will be apprehended owing to there being very significant CCTV surveillance. Deputy Gibney also raised concerns in respect of the technology. She said it is not infallible. I agree. Of course it is not. There is no investigative tool used by An Garda Síochána that is infallible. I listened to Deputies Donnelly and Coppinger. Many Members spoke about studies conducted that indicate the technology is unreliable. Many of these date from 2018 and 2019. The technology has improved immeasurably since then. I believe that any bias that may have existed in terms of race or gender will ultimately be eliminated, but there will always be human verification and human assessment. I wish the Ceann Comhairle a happy Christmas and thank her for all her work. She was not here when I wished people a happy Christmas at the outset. It has been a very busy year for all of us. I wish all my colleagues, particularly the Ceann Comhairle, a happy Christmas.

Sentiment score: 0.09