Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move amendment No. 3:

In page 112, between lines 2 and 3, to insert the following:"98. (1) If, in relation to an intimate sample or a non-intimate sample taken from a person, the retention period under section 76is extended on one or more occasions under section 77, the Commissioner shall, upon the expiration of that period (as so extended), cause—

(a) the person from whom the sample concerned was taken, or
(b) if that person is a protected person or a child, a parent or guardian of the person or child, as the case may be, to be informed by notice in writing as soon as may be after the sample concerned has been destroyed under this Part of its destruction.

(2) If, in relation to the DNA profile of a person that is entered in the reference index of the DNA Database System—

(a) the retention period under section 80is extended on one or more occasions under section 81, or
(b) a judge of the District Court makes an order under section 93(1)authorising the retention of the DNA profile in that System for such period as he or she considers appropriate, the Commissioner shall, upon the expiration of the period (as so extended) concerned, cause—

(i) the person to whom the DNA profile relates, or
(ii) if that person is a protected person or a child, a parent or guardian of the person or child, as the case may be, to be informed by notice in writing as soon as may be after the removal of the DNA profile from that System of its removal.

(3) The Commissioner shall, in relation to a sample taken under section 27, 29, 44, 48, 49or 50, cause—

(a) the person from whom the sample was taken if he or she applied for or requested—

(i) the destruction of the sample, or
(ii) the destruction, or removal from the DNA Database System, of his or her DNA profile, or both,

and
(b) if appropriate, any other person who applied for or requested—

(i) the destruction of the sample, or
(ii) the destruction, or such removal, of the DNA profile, or both on behalf of the person referred to inparagraph (a)or the deceased person from whose body the sample was taken, as may be appropriate,

to be informed by notice in writing as soon as may be after the sample has been destroyed under this Part of its destruction, or the destruction of the DNA profile in respect of the person of its destruction or its removal from the DNA Database System under this Part of its removal from that System, or both.

(4) The Commissioner shall inform, or cause to be informed, by notice in writing a person from whom a sample was taken under section 41, 42or 45as soon as may be after the sample has been destroyed under this Part of its destruction, or the removal of the DNA profile in respect of the person from the DNA Database System under this Part of its removal from that System, or both.
(5) The Director of FSI shall inform, or cause to be informed, by notice in writing a person from whom a sample was taken under section 43or 46as soon as may be after the sample has been destroyed under this Part of its destruction, or the removal of the DNA profile in respect of the person from the DNA Database System under this Part of its removal from that System, or both.".

Section 98 reflects the destruction arrangements contained in the 2010 Bill rather than those contained in the Bill, as drafted. To correct this, the section is being deleted and recast. It is proposed to confirm in writing for specific categories of persons that their DNA samples or profiles have been destroyed or removed from the DNA database. It is proposed under the new subsections (1) and (2) that those persons in respect of whom the retention period for samples or profiles is extended will be informed in writing of the ultimate destruction or removal of their samples or profiles, should that take place. This requirement will apply in all cases of extended retention, whether the person concerned appealed against such retention, and will act as an additional check or safeguard for this category of person.

It is also proposed under the new subsection (3) that certain other categories of persons be informed in writing by the Garda Commissioner of the destruction of their samples or profiles. The samples concerned must have been taken under sections 27, 29, 44 or 48 to 50, inclusive, and the specific categories of persons concerned are volunteers, persons whose samples were taken for elimination purposes, missing persons or their blood relatives or unknown deceased persons.

The provision has already been specifically made in the Bill for application to be made by or on behalf of such categories of persons to have their sample destroyed or DNA profile destroyed or removed from the database. It makes sense, therefore, for it to be subsequently confirmed to such persons that their requests have been complied with.

Subsections (4) and (5) provide for written confirmation of destruction or removal to be given in respect of samples taken under sections 41 to 46, inclusive, or profiles generated from them. The samples and profiles in these cases specifically relate to those taken from Garda personnel, staff of the forensic science laboratory or other personnel, solely for illumination purposes. These provisions already exist in the current section 98 and subsections (2) and (3) are effectively just being renumbered.