Latest news with #CiaránAhern
Extra.ie
5 days ago
- Extra.ie
Gardaí accuse cyclist of 'biased agenda' after he submits camera footage of alleged road offences
A cyclist who reported alleged road traffic offences to gardaí was accused of having a 'biased agenda' and warned he faces investigation from the Data Protection Commissioner. This is despite the fact that gardaí routinely request members of the public to submit their dashcam evidence in press releases they issue when seeking help in investigations into serious or fatal road incidents. The cyclist recently reported four alleged road traffic offences through the online Garda Traffic Watch portal. But he was shocked to receive a threatening response from gardaí, who claimed he did not have a 'legitimate' reason to collect camera footage attached to his report. Pic: Righttobikeit/X A cycling road safety campaigner behind the @righttobikeit account on X has since shared a picture of the letter received by the cyclist after he offered video footage of the alleged road traffic violations to gardaí. And according to the X account, other cyclists have also reported receiving 'identical' letters from the same garda. Labour TD Ciarán Ahern commented on the post, saying the letter from the garda is 'completely unacceptable'. He has also vowed to 'follow up on this with the Minister for Transport' [Darragh O'Brien]. Labour TD, Ciarán Ahern. Pic Stephen Collins/Collins Photos In the letter published online, a garda told the cyclist he 'reviewed' four incidents they reported, before accusing them of having a 'biased agenda'. The garda wrote: 'I believe there is a biased agenda in the way you are performing this function of reporting incidents and then wishing to provide alleged evidence gathered personally by you in the form of electronic media/data.' The garda writes that the cyclist's 'actions and agenda' could be seen as 'prejudicial to the Constitutional Rights of any accused person'. The garda added: 'I am aware that you use a portable video camera that is mounted to the bicycle in some way. Pic: Righttobikeit/X 'It also appears to me you record and keep video footagelelectronic data that is primarily recorded in public places which contain identifiable subjects for an unspecified period of time.' The garda continued: 'You have no basis whatsoever for performing this function.' The garda also urged the cyclist to read the Data Protection Act 2018 'in full'. And he warned: 'Your actions, and in the way in which you are storing video data and storing possibility many other unknown volumes of video footage/data containing identifiable subjects and are currently archiving this data to an undisclosed data storage in this fashion makes you a Data Controller.' As a result, the garda said the cyclist is therefore 'subject to the provisions of the Data Protection Act 2018 and all the regulations in relation to the capturing, storing and sharing of any data that is captured by you'. Pic: KarlM Photography/Shutterstock He further warned the cyclist that he does not have a 'legitimate reason' to collect such data. And he concludes by threatening to 'review' other similar incidents reported by the cyclist 'with a view of submitting a report for investigation to the Data Protection Commissioner'. According to the account which posted the letter on X, three other cyclists have since come forward claiming they 'received the same letter from the same garda' after they also attempted to report alleged road traffic offences. Pic: Righttobikeit/X The @righttobikeit X account described the letter as 'despicable and outrageous' and accused the garda who wrote of seeking 'to undermine the system'. On June 18, contacted the Gardai with details of the letter and asked for comment. Over the following three weeks, repeatedly requested a response, but none was provided. The story was held because we believed a Garda response to the apparent contradiction in investigative approaches warranted comment from the force. This week, we told Garda HQ we would be going to print with or without a response. A month after first being asked, a Garda spokesman replied to our query: 'It is quite clear from the advice of the Data Protection Commission, and the cited judgment in the case of Rynes vs Urad (2014), the Court of Justice of the European Union (CJEU), that in recording video/audio in a public place a driver/ cyclist is assuming the role of a data controller, and therefore is required to comply with the General Data Protection Regulation (GDPR) and applicable provisions of the Data Protection Act 2018.' 'An Garda Síochána does not comment on third-party remarks. An Garda Síochána does not comment on the details of correspondence with private individuals.' 'Where An Garda Síochána, or any agency, intends to use a digital image for a prosecution, An Garda Síochána must, in the first instance, be able to prove the veracity of the digital image. Therefore, An Garda Síochána cannot accept unsolicited images. 'However An Garda Síochána should engage with the complainant/witness and endeavour to prove the veracity of the footage, by arranging for direct in-person download of the footage and an accompanying statement of complaint by the complainant/witness. The third party must be available to attend in court and may be required to prove the digital image. 'A common misconception is that a member of An Garda Síochána can provide an unsolicited, unverified digital image in court as evidence. This is not possible. Each complaint/ investigation is individual and is progressed on an individual basis.' He continued: 'Action 29 in Ireland's Government Road Safety Strategy 2021 – 2023 provides that An Garda Síochána 'explore the potential of an online portal for road users to upload footage of road traffic offences which could assist in prosecution.' 'In conjunction with the development of a Digital Evidence Management System (DEMS) to facilitate the role out of Body Worn Cameras (BWC), An Garda Síochána is developing a modern legal platform which will facilitate the transfer of third party video to An Garda Síochána in a safe manner, protecting the evidential value of the images/ video and complying with legal frameworks. 'Any person who has a complaint regarding the conduct of members of An Garda Síochána can contact Fiosrú, the Office of the Police Ombudsman: Home – Fiosrú,' he concluded.
Irish Examiner
12-07-2025
- Climate
- Irish Examiner
Elaine Loughlin: Our roads are melting, so why are our politicians so quiet on climate change?
On Thursday, before temperatures spiked to today's predicted 30C, roads in Co Cork were melting. Despite council workers spreading grit on the slippery and melting tar, motorists were urged to avoid a local route between Ballinhassig and Crossbarry until the weather cools. Road surfaces will be only one of many issues that will require serious consideration and drastic changes in policy as climate change has a real impact on our lives. While the road in question was treated with a spray of chip and tar mix about 18 months ago as part of a minor maintenance works, chairman of the Carrigaline Municipal District, Ben Dalton O'Sullivan told the Irish Examiner it obviously wasn't enough to protect the soft surface beneath. He said that in the context of climate change, local authorities will have to examine and consider adjusting the mix or type of tarmac they use for road projects to ensure they can withstand days of sustained heat. CLIMATE & SUSTAINABILITY HUB Complaining about dissolving roads may seem miserable as the nation basks in sunshine, but we need to get to grips with the devastating impact our changing climate will have, and is already having, both here and abroad. Unfortunately, at a time when the alarm should be sounding loudest, our politicians have been distracted by a plethora of other issues — some worthy of national attention, others bordering on the farcical — which has seen the climate emergency plummet down the agenda. As TDs prepare to rise for the summer recess this coming week, a look back on the business of Leinster House since January shows that politicians on all sides were initially consumed by Lowrygate and the speaking time debacle. As would be expected, the first term of the Dáil also had a significant focus on housing, with changes to the rent pressure zones dominating debate for weeks; while a number of health-related issues cropped up, including the myriad of controversies surrounding Children's Health Ireland and maternity services. In recent weeks, the cost of living and the rocketing price of groceries have been raised repeatedly, not to mention the pre-budget row over student fees. This week, as ice creams and roads disintegrated in the heat, climate change was briefly raised in the Dáil chamber. "Do not get me wrong, the bit of sun is great, but we need to recognise this is not normal," was how Labour TD Ciarán Ahern put it to the Tánaiste when raising the drought warnings that have been issued across multiple counties and citing a Met Éireann hot weather alert he had received on his phone before coming into the Dáil. "People feel hamstrung by this Government's inaction and delay in providing even the most basic measures to allow them to engage in climate action," Ahern said. "People want to retrofit their homes, but the system of grants restricts this to well-off households with significant savings. People want to switch to public transport, but the services are not there or already at capacity." Perhaps briefly forgetting that he is a leader in the current Government who therefore has the ability to put an item firmly on the agenda and to enact change, Simon Harris said it was "welcome" to have a question on climate put to him. "I am not sure we, as a Dáil, are having the level of focus and discussion needed on this issue," the Tánaiste-turned-commentator said. The 2020 programme for government, which was drafted in conjunction with the Green Party, contained 270 commitments related to climate and environment, many of them detailed and specific. While the current programme for government document continues to reference climate measures, campaigners and civil society groups have been quick to criticise a perceived ambiguity in some of the language and a move away from measures aimed at tackling agriculture and water in the context of climate action. Gone is the previous guarantee that spending on public transport infrastructure would be 2:1 over roads, which Eamon Ryan guarded tightly during his term as a minister, sparking considerable fury from some Fianna Fáil and Fine Gael backbenchers last time around. There has also been a shift in policy around data centres and the aviation sector. While the current programme for government document commits to assigning funds from the Infrastructure, Climate and Nature Fund to the agricultural sector, it also states that "all measures under the Nature Restoration Law will be completely voluntary for farmers". A move to ensure herd numbers are not cut, a flash point in the last Coalition, is alluded to through the provision which states that the Government "recognises distinct characteristics of biogenic methane" — a gas produced by cattle — and will "advocate for the accounting of this Greenhouse gas to be reclassified at EU and international level". Similarly, the Coalition has, in recent months, been strongly defending the special nitrates derogation provided to Irish farmers. All of this cannot tally with the urgent need to reduce carbon emissions. In May, the Environmental Protection Agency found that Ireland has "moved backwards" in its goal of reducing emissions by 51% by 2030, with the latest statistics showing the country is now on course for a maximum reduction of 23%. Target updates and reports outlining the global climate catastrophe can often feel academic and on a scale far beyond our comprehension. We see catastrophic fires in Europe and devastating floods in Texas, and seem almost rooted to the spot, paralysed by the doom-scrolling. But delays to Midleton flood barriers reported in this newspaper last week and roads melting before this weekend's heatwave even fully kicks in should be tangible warnings that make us all think about the massive impact that is starting to take effect on our shores.
