Oireachtas Joint and Select Committees

Wednesday, 12 March 2014

Select Committee on Justice, Defence and Equality

Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013: Committee Stage

10:00 am

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

There is a broad range of circumstances in which gardaí can require an individual to co-operate in the taking of fingerprints, just as this legislation deals with circumstances in which an individual can be required to co-operate in the taking of a DNA sample. If someone is under the influence of drink or drugs in circumstances where the legislation applies, it does not remove his or her obligation to co-operate. In circumstances, for example, where there is a widespread investigation into some matter and members of the general public are invited to co-operate in assisting to provide samples – this would be more relevant to DNA samples than fingerprints – they cannot be compelled to do so. This is often done to eliminate relevant individuals. It has, however, been part of our law for some time that in a broad range of circumstances an individual can be required to provide fingerprints. If that provision was not in place, it would provide an easy avenue for individuals who have committed crimes to avoid facilitating Garda access to crucial information. Provisions for fingerprinting in this regard have been part of the law for decades and are not unusual.

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