INDEPENDENT TD for Donegal, Thomas Pringle, said proposed new powers for An Garda Síochána need more oversight, and any changes in relation to use of recording devices should be subject to public consultation.
Deputy Pringle said Garda monitoring of vehicles with the use of automatic number plate recognition (ANPR) monitors should require an order signed by a District Court judge, and for longer periods, an order signed by a Circuit Court judge.
The Government bill on the matter requires an officer at the rank of Superintendent to sign off on the monitoring order for a period of up to three months, and a District Court judge to sign off if the period extends beyond three months.
Deputy Pringle said: “Basically I don’t think that’s enough of a check and balance or enough of an oversight for what’s happening, and I think for that reason it’s a very worrying situation.”
The deputy said: “I believe there should be some oversight of judges as well. It’s not a question of anybody saying that the gardaí shouldn’t be able to do their jobs, or that the gardaí shouldn’t do this job. What it’s saying is that gardaí can do this job with proper oversight and when there are proper protections.”
He said: “I believe that having proper oversight is just par for the course for the job and I don’t believe that a member of the gardaí getting authorization from their boss to do this is actually oversight. I don’t think that works.”
The deputy raised the issue when he brought forward amendments to An Garda Síochána (Recording Devices) Bill 2022 during a Dáil debate.
Deputy Pringle said: “There should be oversight within the judiciary as well. Because one judge can sign off, that’s fair enough, but then after a certain period of time there should be an extra judge to provide that oversight as well. I don’t think that’s that onerous.
“And I think it’s something we should be looking at to have protection for all citizens in this legislation,” he said.
The deputy said public consultation should also be included in legislation with regard to Garda use of body-worn cameras and recording devices. He said Minister Helen McEntee had made the point in committee that it was implied that public consultation would take place.
Deputy Pringle said: “I don’t think that’s sufficient. I think there should be a requirement there to ensure that there is an active public consultation period in relation to this.”
Addressing Minister McEntee during the debate, he said: “You’ll remember, Minister, you informed the committee that you were putting forward three or four amendments at Seanad stage that were inferred in the bill but you wanted to make sure they were explicitly stated in the bill. I fail to see why they could be explicitly stated and the public consultation shouldn’t be.”
The deputy said: “I take you at your word in saying that there will be an awareness campaign but I think it should be in legislation as well. And I think it should be in legislation that there is a requirement that the public will be consulted in relation to it.”
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