Garda Síochána Act 2005

38

Security in public places.

38.— (1) The Garda Commissioner may authorise the installation and operation of CCTV for the sole or primary purpose of securing public order and safety in public places by facilitating the deterrence, prevention, detection and prosecution of offences.

(2) The Garda Commissioner shall specify the areas within which, based on the information available to him or her, the installation and operation of CCTV is warranted for the purpose specified in subsection (1).

(3) Authorisation may be given to any or all of the following:

(a) members of the Garda Síochána;

(b) persons who meet the established criteria and who are retained under a contract with the Garda Commissioner;

(c) persons who meet the established criteria and whose application for authorisation in respect of a specified area within the administrative area of a local authority has been approved by the local authority after consulting with the joint policing committee for that administrative area.

(4) The Garda Commissioner shall establish criteria for the purposes of subsection (3)(b).

(5) F77[The Authority shall, by order, made with the approval of the Government], establish criteria for the purposes of subsection (3)(c) and may establish different criteria for different classes of applicants for authorisation.

(6) An authorisation may contain such terms and conditions as the Garda Commissioner considers necessary—

(a) generally for the purpose of this section, and

(b) in relation only to an authorisation given under subsection (3)(c), for the purposes of controlling and supervising the operation of the CCTV to which the authorisation relates.

(7) A person given an authorisation under subsection (3)(c) shall ensure that members of the Garda Síochána have access at all times to the CCTV to which that authorisation relates for the purpose of—

(a) supervising and controlling the operation of the CCTV on behalf of the Garda Commisioner, or

(b) retrieving information or data recorded by the CCTV.

(8) The Garda Commissioner may—

(a) issue directions to authorised persons in relation to the installation and operation of CCTV, and

(b) with F77[the consent of the Authority], revoke, for failure to comply with the terms and conditions of the authorisation or with a direction issued by the Commissioner, an authorisation given under subsection (3)(c).

(9) On being notified by the Garda Commissioner of the revocation of an authorisation under subsection (8), the person to whom the authorisation was given shall terminate the operation of the CCTV to which the revoked authorisation relates.

(10) A person who contravenes subsection (9) is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both.

(11) F77[The Authority, with the consent of the Minister]—

(a) shall issue guidelines to the Garda Commissioner concerning the supervision and control by the Commissioner of the monitoring of CCTV by authorised persons, and

(b) may revise those guidelines or may withdraw them and issue new guidelines.

F77[(12) The Authority shall supply a copy of any guidelines issued under this section, and of any revisions to them, to the Minister as soon as practicable after the guidelines are issued or revised and the Minister shall cause a copy of any such guidelines, and of any revisions to them, to be laid before each House of the Oireachtas as soon as practicable after he or she receives them.]

(13) This section does not apply to the installation or operation of CCTV on any premises by the owner or occupier of the premises for the purpose of safeguarding persons or property on the premises or in its environs.

(14) In this section—

“authorisation” means an authorisation given by the Garda Commissioner under this section;

“authorised person” means a person referred to in subsection (3)(b) or (c) who holds an authorisation;

“CCTV” means any fixed and permanent system employing optical devices for recording visual images of events occurring in public places;

“operation”, in relation to CCTV, includes the maintainance and monitoring of CCTV;

“public place” means a place to which the public have or are permitted access, whether as of right or by express or implied permission;

“specified area” means an area specified under subsection (2).

Annotations

Amendments:

F77

Substituted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 31(a)-(d), S.I. No. 612 of 2015.

F78

Inserted by Policing, Security and Community Safety Act 2024 (1/2024), not commenced as of date of revision.

F79

Repealed by Garda Síochána (Recording Devices) Act 2023 (32/2023), s. 6(1), not commenced as of date of revision, subject to transitional provision in s. 7.

Modifications (not altering text):

C10

Prospective affecting provision: subss. (15)-(20) inserted by Policing, Security and Community Safety Act 2024 (1/2024), not commenced as of date of revision.

F78[(15) On and from the establishment day of the Authority (within the meaning of Part 4 of the Policing, Security and Community Safety Act 2024), a reference in this section to the Authority shall be construed as a reference to the Authority (within the meaning of the Policing, Security and Community Safety Act 2024).

(16) On and from the repeal of section 3(1) by section 5 of the Policing, Security and Community Safety Act 2024, the definitions of "Garda Commissioner", "local authority", "member" in relation to the Garda Síochána and "Minister" in that section 3(1) shall, for the purposes of this section, continue to apply as if that section 3(1) had not been repealed.

(17) On and from the repeal of section 34 by section 5 of the Policing, Security and Community Safety Act 2024, the definition of "administrative area" in that section 34 shall, for the purposes of this section, continue to apply as if that section 34 had not been repealed.

(18) On and from the repeal of section 36 by section 5 of the Policing, Security and Community Safety Act 2024, a reference in this section to a joint policing committee shall be construed as a reference to a safety partnership (within the meaning of Part 3 of the Policing, Security and Community Safety Act 2024).

(19) Where, after the repeal of section 36 by section 5 of the Policing, Security and Community Safety Act 2024, a joint policing committee has not been dissolved pursuant to regulations made under section 114(1) of that Act of 2024, a reference in this section in respect of an administrative area shall, for so long as the joint policing committee has not been dissolved, be construed as including a reference to that joint policing committee in respect of the administrative area concerned.

(20) Where, immediately before the repeal of section 36 by section 5 of the Policing, Security and Community Safety Act 2024, a consultation by a local authority in accordance with subsection (3)(c) is ongoing and one or more steps in the consultation was taken in accordance with that subsection before that repeal, other steps in the consultation may be taken on or after that repeal in accordance with this section as amended by section 279 of the Policing, Security and Community Safety Act 2024.]

C11

Prospective affecting provision: section repealed by Garda Síochána (Recording Devices) Act 2023 (32/2023), s. 6(1), not commenced as of date of revision, subject to transitional provision in s. 7.

38.—F79[…]

Editorial Notes:

E26

Power pursuant to subs. (5) exercised (30.05.2006) by Garda Síochána (CCTV) Order 2006 (S.I. No. 289 of 2006), in effect as per reg. 3; continued in effect until revocation by Authority with approval of the Government or replaced (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 59(3); prospectively revoked by Garda Síochána (Recording Devices) Act 2023 (32/2023), s. 6(2), not commenced as of date of revision, subject to transitional provision in s. 7.

E27

A fine of €2,500 translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.