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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 … 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

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 … 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

sorting and filtering data in order that a human reviewer can narrow down avenues of investigation. Let us take an example of where biometric analysis will be of considerable assistance to An Garda Síochána. This is in investigations of child sexual abuse material. As an aside, I should … prosecute it. If we take the example of a child sexual abuse material investigation, there could be thousands of images over which biometric analysis could be performed. If the approach in the amendment were to be adopted, it would require the biometric analysis of each image

Dáil before the end of the year. Already, questions have been raised. One of those is why the Bill refers to "biometric analysis" when what is referred to is essentially what is termed "biometric categorisation" in the AI Act. The lack of any reference … will put a number of questions to him. What is the reason for referring to this process as “biometric analysis” instead of what is called “biometric categorisation” in the AI Act? Why is there no reference to the AI Act? What are the specific circumstances when this categorisation

page 10, between lines 16 and 17, to insert the following: “(ba) clear and specific limits on the circumstances in which biometric analysis or biometric categorisation may be used, including prohibitions on use for general surveillance, population level monitoring, or speculative searches, (bb) objective thresholds and evidential standards … that must be met before any biometric analysis may be initiated, (bc) safeguards to prevent disproportionate or discriminatory impacts, including mandatory risk assessment procedures, (bd) technical and operational parameters governing accuracy, reliability, and error rate thresholds, and (be) mandatory documentation, authorisation procedures and audit trails to ensure accountability

have sufficient guardrails in place in this legislation. The amendments from the Seanad pull international co-operation into the purposes for which biometric analysis may be utilised. This means that where gardaí wish to utilise biometric analysis in the context of international co-operation, the safeguards … said, there must be a clear justification for any requests coming to An Garda Síochána. Equally, as with the use of biometric analysis, there must be a clear justification for its use in any investigation for any of the purposes listed in section 43C. I do not have

combing through footage for evidential material when we can make use of a technological solution. This Bill will also provide for biometric analysis which conducts searches of general characteristics, unknown individuals and known individuals. It is intended that biometric analysis may be carried out retrospectively on documents gathered … including a code of practice and oversight by a High Court judge, who will report to the Taoiseach annually on the operation of biometric analysis. The Government is also progressing the Garda Síochána (Powers) Bill 2026. The primary aims of this Bill are to provide a clear

introduced via further legislation. The Government introduced amendment No. 2 on Report Stage in the Seanad, which allows gardaí to carry out biometric analysis for the purposes of co-operation with law enforcement agencies abroad in relation to criminal offences. We believe this to be a significant broadening … last minute on Report Stage in the Seanad. When the Bill passed in the Dáil it confined the permitted purposes of biometric analysis to three, namely, the prevention, investigation, detection or prosecution of arrestable offences; the protection of the security of the State; and the search for missing

section 43C(2) is to allow, where necessary and appropriate, An Garda Síochána, in the context of international co-operation, to utilise biometric analysis, subject to a code of practice. The code of practice must be laid before both Houses for positive resolutions to be passed. The relevant … domestic measure, international agreement or circumstances for use of biometric analysis will aid gardaí in determining whether its use is necessary and proportionate to the criminal offence for which it is proposed to be carried out. It will not be utilised for every criminal offence, and An Garda

should be clear about what this Bill does and does not do. It would allow An Garda Síochána to carry out biometric analysis, subject to a code of practice to be drawn up by the Garda Commissioner and laid before the Houses of the Oireachtas. This would involve … intention of An Garda Síochána to run images against a database. The Bill now before us is clearer in making a distinction between biometric analysis, allowed under the Bill, and biometric identification based on databases, which is not allowed. That is welcome. However, he EU’s Prüm

Minister, or any public body acting on their behalf shall not procure, license, contract for, deploy, or otherwise make operational use of any biometric analysis technology, surveillance technology, software, hardware, dataset, or related service supplied by— (a) a company incorporated, headquartered, or substantially operating in a state engaged … engaged in war crimes, crimes against humanity or genocide. (2) For the purposes of this section, ‘surveillance technology’ includes any system capable of biometric analysis, facial recognition, behavioural categorisation, pattern of life analysis, or the processing of biometric data within the meaning of the Data Protection

Minister, or any public body acting on their behalf shall not procure, license, contract for, deploy, or otherwise make operational use of any biometric analysis technology, surveillance technology, software, hardware, dataset, or related service supplied by— (a) a company incorporated, headquartered, or substantially operating in a state engaged … engaged in war crimes, crimes against humanity or genocide. (2) For the purposes of this section, 'surveillance technology' includes any system capable of biometric analysis, facial recognition, behavioural categorisation, pattern of life analysis, or the processing of biometric data within the meaning of the Data Protection

that section. Subsection (2) states: [the] draft code of practice shall include provisions relating to- [...] (b) parameters for use of biometric analysis, including geographical and, subject to section 43C(7), temporal limits of such use, (c) the confidentiality, security, storage, access, retention, erasure and destruction of data obtained … specifically includes, in subsection (2), reference to data, and also subsection (3)(b) refers to "different types of biometric data and biometric analysis", and "different categories of persons or data (including biometric data)". The issue is referred to and covered already in the Bill. There

This is a minor technical amendment to change paragraph (c) of the definition of the "biometric analysis" in section 43A to add the word "including". The definition of biometric analysis is intended to afford An Garda Síochána the ability to utilise automated recognition and categorisation of physical, physiological

what TDs were asked at that point to grapple with. It did not examine, because they had not been included, the new biometric analysis powers that are contained in this Bill. Those new elements are not minor, technical changes. They are a very significant expansion of State surveillance … That has been well interrogated by previous speakers. However, this Bill avoids the language of biometric categorisation altogether. It introduces the concept of biometric analysis without clearly defining its scope and fails to set out how these powers will be aligned with the EU AI Act's protections

parameters for use. The code can also set out different provisions in relation to types of biometric data or the circumstances in which biometric analysis can be carried out. As a result, I cannot accept amendment No. 7. Amendment No. 8 is also not considered necessary because section … sets out what is to be included in the code of practice. This includes the parameters for the carrying out of biometric analysis. The code of practice for the carrying out of such analysis will be laid before the Houses. This means that the Houses will have

only way to emphasise this is to make it an offence. The Bill already criminalises falsifying, concealing or destroying information obtained by biometric analysis. It does not, however, state that a contravention of the Bill itself is an offence. The purpose of this amendment to make … without lawful authority or reasonable excuse knowingly to contravene section 43C(1), which states: "A member of Garda personnel shall not carry out biometric analysis other than in accordance with this Part and any applicable code of practice." The last time we spoke on this, the Minister said

amendment No. 2: In page 6, after line 40, to insert the following: “(3A) A member of An Garda Síochána shall not deploy biometric analysis unless authorised in advance by a member of An Garda Síochána not below the rank of Chief Superintendent, who shall record in writing … terms of how this technology can be used and, crucially, to ensure that there is no overreach, by ensuring that the deployment of biometric analysis or facial recognition must be authorised in advance by a garda not below the rank of chief superintendent. As I said during

following reason. I am conscious that the Deputy wants to make it a criminal offence if a garda should access or use biometric analysis other than in accordance with the legislation. That would mean that a garda could be prosecuted in circumstances where the mistake was inadvertent … there is a breach of the Act because even if it was an inadvertent breach of the rules in respect of biometric analysis, there was nonetheless a breach of the rules. The offence provision follows on from what is set out in principal Act and focuses

bundles of hundreds or thousands. If we are going to have a chief superintendent who has to authorise each one of them before biometric analysis can take place, that is going to have a very limiting impact on the work of the Garda. In fact, the likelihood … practice. He should reserve his comments in respect of that because a code of practice setting out procedures surrounding the use of retrospective biometric analysis will be laid before both Houses of the Oireachtas. It will be subject to debate and resolutions being passed. It will be published

Minister shall lay the code of practice, together with an explanatory memorandum outlining the safeguards, limitations and parameters governing the use of biometric analysis and biometric categorisation, before each House of the Oireachtas

when we hand these tools over we do so in a way that is legally sound. The Bill introduces a new concept of biometric analysis which is defined across three limbs in section 43A. The first allows gardaí to automatically recognise and categorise physical features of individuals generally … things; it cares what we do. What these powers do - in particular the first limb - is categorise people on the basis of their biometric data, namely, skin colour, hair colour, eye colour and body shape. By any plain reading, that is a biometric categorisation within the meaning

Ceann Comhairle will be aware, the purpose of this legislation is to provide a facility for An Garda Síochána to engage in retrospective biometric analysis in terms of the work that it does and in terms of trying to speed up investigations for the purpose of identifying missing … existing guidelines. Procurement matters generally would not be a matter to be addressed in this Bill. In the case of any procurement of biometric technologies, there are requirements for providers and deployers of AI systems under the AI Act and An Garda Síochána will look to its European

contains lawfully, subject, of course, to appropriate safeguards. Technology is also becoming an increasingly important tool for gardaí. Body-worn cameras, drones, biometric analysis and other digital technologies can support gardaí in preventing and investigating crime. This Bill strengthens the statutory framework governing the digital powers of gardaí

sure there are sufficient guardrails in this legislation to ensure it applies to arrestable serious offences. As drafted, it could permit a Garda biometric analysis to be carried out in aid of co-operation with any domestic or foreign law enforcement body for any criminal offence without that

Deputy Ken O'Flynn asked the Minister for Social Protection whether his Department uses any external forensic document analysis service, AI-detection software, biometric verification tool or digital authentication system when assessing suspected fraudulent social welfare claims; the annual cost of such systems or services since

information associated with those who hold a public services card, and accompanying biometric data, has been used as part of any application of artificial intelligence, either as training data or as a subject for analysis; and the safeguards he has put in place for the application of artificial