Victor Boyhan: Code of Practice must not be an afterthought

Thank you, Cathaoirleach, and firstly I want to welcome the Minister here and the Code of Practice, as you'll be familiar with, Minister, is peppered right through this Bill, but I saw an opportunity in that amendment that hasn't been moved, and in Section 3, there's many references to the Code of Practice, so it is appropriate to bring it up at this particular point. And I suppose, Minister, at the very outset I said that the last time you were here in relation to this Bill, I support the Bill, but I do think it's important to just get some clarity on a number of issues, and I suppose what was particularly interesting, and I drew your attention to it, the Angardish economy made a very detailed submission, as did the Irish Council of Civil Liberties, as did the Law Society, and I referenced these in my previous contribution on this Bill, and Safeguard Ireland. And I suppose really, and also the Rape Crisis Network of Ireland, and there was reoccurring themes in those, Minister, which I think warranted further examination. Now I know you subsequently looked at this Bill, you became the Minister after the PLS was done on this, and many adjustments were made, but I think most of it really is encapsulated in my queries, is in relation to the Data Protection Commissioner's commentary on the Bill. And I suppose what's very interesting, under the Code of Practice, the Data Protection Commissioner had several points in their submission, and they noted the centrality of the Code, of the lawfulness of processing of personal data and the purpose of biometric identification in this Bill under the general scheme. To make the point, the importance of the Code of Practice, I don't suggest, we're effectively signing up to a Bill where we don't know the Code of Practice, but to be fair to the Data Protection Commissioner, he pointed out that it was significant, it needed time, and that is his own submission, that the Minister and the Department needed time to work out the details about the Code of Practice. So the Code will need, he says, and I quote, to include the following elements, a clear articulation of the legal basis of processing and reflecting on the statutory footing under the Principal Act. The Code must ensure, they say, that the circumstances in which a Gardaís corner is allowed to deploy FRT are clear to the public and provide sufficient clarity and legal certainty to prevent arbitrary use of these technologies. The lawfulness of the data processing, it says, is dependent upon the Code contributing to the clarity and foreseeability of the end-to-end effect of the data processing operations, and any room for deviation from standard operation procedures will possibly undermine this. In going on, they talk about the effective internal oversight mechanisms governing the deployment of FRT, and the identification and definition of the roles, the responsibilities, the relevant authorised officers, and all of that, of course, will be critical to building confidence around the Code. So, yes, the Code is very important and very, very significant, and I know you spoke about it at some length the last time we were here, Minister. I suppose what we're saying here really is that clear descriptions in relation to the safeguards that need to be put in place about the protection of the fundamental rights of individuals, including but not limited to measures to ensure the integrity and the confidentiality of the personal data collected and underlining the processing of the staff training and the technologies. I know you're committed to all of this, but I suppose really in my engagement with these four submissions, and considering I just want to put this on the record, these are very reasonable, fair, and well-articulated concerns. The Data Protection Commission goes on to say that given the scale and the complexity of the issues that are there and in this Bill, it is important that the Code of Practice is not regarded as a mere afterthought. I think this is an important point. It is important that the Code of Practice is not regarded as a mere afterthought of formality and that the process of creating the Code is not rushed. So, to be fair, they're not criticising you. They're saying we don't need to rush it, but I'm saying we don't want to leave it too long either, because I know, Minister, you're committed to getting this legislation up, running, and enacted, and that's important, but in fairness, they do say it's important that it's not rushed. So, Minister, I would ask you to confirm that the Code of Practice will, when it's prepared, be laid before both Houses of the Oireachtas, and I think that's an important imperative in terms of oversight by both Houses of the Oireachtas. So, I'm going to finish by saying, Minister, I support the Bill. I think the Code of Practice is fundamental. It's a very complex thing. No doubt it'll move and shape and be amended and improved. No doubt when this Bill is reviewed sometime in the future, there will be lessons learnt or new thoughts coming about, things that we didn't envisage, you didn't envisage, the legislators didn't necessarily envisage. But I want to say, I think it's really important, and I want to acknowledge the Data Protection Commissioner, who's committed to keeping an eye on all of this, as they have a statutory obligation, to Angardish Corner, and the then Garda Commissioner, Drew Harris, who made a very detailed submission, and also the Law Society and the Irish Council of Civil Liberties. I think there were, and save Ireland and, of course, the Rape Crisis Network of Ireland, they were very comprehensive submissions. They thought well into them. They have come to this legislation with a positive view of strengthening the legislation, not knocking the legislation, raising their legitimate concerns for the organisations that they represent, the people that they represent. At the end of the day, this is about a just system that protects everyone, proportionately. I think that's important too. But there are a lot of very sinister and a lot of very dangerous people in our society, and therefore all mechanisms of technology and innovation have to be put to the fore as instruments in tackling crime, criminality, but also making our place a safer place for all. So, Minister, on that point, I want to wish you well, and I think the issue of, as I say, the Code is really, really important, and you might give us just some feedback in terms of the Code coming back to the Houses of the Oireachtas. Thank you.