Greens blocking controversial FRT bill

The Garda Síochána (Recording Devices) Bill 2022 continues to face delay amid opposition within government from the Green Party and human rights organisations, over the use of facial recognition technology.

The original draft of the Bill, announced under then-Minister for Justice Heather Humphries TD in 2021, did not include a provision for the use of facial recognition technology (FRT). However, calls to equip gardaí with body cams have intensified this year after a series of high-profile attacks on members of the force and recent policing of far-right protests and counter-protests.

Former Minister for Justice Simon Harris TD had hoped to bring about the use of FRT by way of tabling amendments to the Garda Síochána (Recording Devices) Bill 2022 before he left office in May 2023.

Arguing in favour of the provision, the Fine Gael TD said: “The accurate and efficient identification of suspects and equally, the elimination of individuals from enquiries are key pillars to ensure that An Garda Síochána meets its statutory obligations.”

The former Justice Minister’s support has been echoed by the Association of Garda Sergeants and Inspectors, which has argued that the use of FRT will make gardaí less prone to attacks and increase their ability to streamline work.

Speaking on RTÉ’s Morning Ireland in June 2023, AGSI General Secretary Antoinette Cunningham outlined her belief that “garda assaults are on the increase” and that bodycams are “a basic level of protection that is needed”.

She added: “Every day that this legislation is delayed, there is an increased risk to An Garda Síochána and that is not acceptable.”

Whilst supportive of the use of recording devices for gardaí, the Green Party has outlined its opposition to the provision proposed by Harris, which it argues will lead to gender and racial bias and could be open to abuse.

“The party is not supportive of Minister Harris’s proposal to amend the original bodycams bill in order to allow the use of a form of artificial intelligence known as facial recognition technology, which has proved controversial in other countries,” a Green Party spokesperson said.

Concern over the use of recording devices has been raised by the Irish Human Rights and Equality Commission, citing: intrusion on rights for law enforcement purposes; equality implications in the use of technology; access and retention of data; and adequacy of safeguards and oversight mechanisms.

The Commission acknowledges that police recording is lawful under the Constitution and international human rights law, subject to the requirement that it is based on law, pursues a legitimate aim, is proportionate in that aim and is necessary in a democratic society.

However, Chief Commissioner Sinéad Gibney has said: “It is vital that this new law incorporates from the outset the necessary human rights and equality protections for people today, and into the future.”