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

I move amendment No. 15:

In page 113, between lines 29 and 30, to insert the following:“ “Council Framework Decision” means Council Framework Decision 2009/905/JHA of 30 November 2009 on Accreditation of forensic service providers carrying out laboratory activities;”.

As you indicated, Chairman, I propose to deal with amendments Nos. 15 to 19, 35, 36, 39 and 40 together. This group of amendments arises from the need to give effect to the elements of a Council framework decision on the accreditation of forensic service providers carrying out laboratory activities which require legislation. The purpose of the Council framework decision is to ensure mutual recognition by member states’ authorities of laboratory activities carried out by a forensic service provider of another member state where that provider is accredited to the required standard. Put simply, it ensures that this State will deal only with accredited laboratories in other EU member states and equally provides assurance to other member states that Forensic Science Ireland, as it is to be known once the Bill is enacted, is accredited and meets the same exacting standards.
It is to be noted that the Prum Council decision requires member states to take the necessary measures to guarantee the integrity of DNA profiles made available or sent for comparison to other member states and to ensure that those measures comply with international standards.

Under it, as it is currently numbered in the Bill, is the overall interpretation section for this part of the Bill dealing with international co-operation. A number of small amendments are being made to this section, arising from the inclusion of the Council framework decision on accreditation within the framework of this part of the Bill.

Amendments Nos. 15, 17 and 18 insert a definition of the Council framework decision and other references to it as required. Amendment No. 16 slightly amends the definition of dactyloscopic data in order to take account of the fact that it is defined slightly differently under new provisions being introduced to give effect to the Council framework decision. Amendment No. 19 refers to the text of the framework decision, which for convenience of reference is being appended to the Bill. A new chapter 8, dealing with the recognition of accredited forensic science providers, is being inserted into this part. This comprises two new sections. Amendment No. 35 inserts section 135, relating to the interpretation of this chapter and clarifies the meaning of certain words and phrases used in the following section.

Amendment No. 36 inserts section 136. It provides that the results of an accredited forensic provider carrying out laboratory activities in a member state shall be recognised by the authorities in the state which are responsible for the prevention, detection and investigation of criminal offences as being as reliable as the results of an accredited forensic service provider carrying out laboratory activities in the state. The section also clarifies that the laboratory activities referred to are those that result in the generation of DNA profiles or fingerprint or palm print data.

I should mention that our forensic science laboratory has already the level of accreditation required under the Council framework decision. The Garda technical bureau, which is the repository for fingerprints and palm prints, is working towards achieving this level of accreditation and aims to achieve it by the end of this year, or early next year at the latest.

Amendment No. 39 inserts the Council framework decision on accreditation of forensic service providers into the Bill in the form of a new Schedule 4. The final amendment in this group, amendment No. 40, amends the Long Title of the Bill to provide for giving effect to the Council framework decision on accreditation of forensic service providers.