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

I move amendment No. 28:

In page 126, between lines 25 and 26, to insert the following:“Amendment of section 77(5) of Act of 2008
121. Section 77(5) of the Act of 2008 is amended by—

(a) the deletion of “and” at the end of paragraph (b),
(b) the insertion of the following paragraph after paragraph (b):

“(ba) in the case of a request pursuant to Article 7 of the 2008 Council Decision, or that Article insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and Norway, for the DNA profile of a person who is suspected of having committed the offence concerned whose DNA profile is not in the possession of the appropriate authority, a statement issued by the Commissioner of the Garda Síochána or the Director of Public Prosecutions, as may be appropriate, confirming that the requirements for the taking of a DNA sample from the person under the law of the State would be complied with if the person were in the State, and”.”.

This amendment amends section 77 of the Criminal Justice (Mutual Assistance) Act 2008. Section 77 concerns requests from Ireland to another state for assistance in obtaining identification evidence. The provision will be amended to include requests to EU member states for DNA profiles, pursuant to Article 7 of the 2008 Council Decision, where the request, as stated, is required to obtain a profile where that profile is not already in the possession of the authorities of that state. In making such a request Ireland will confirm the domestic requirements for the taking of a DNA sample would be complied with if the person were in the State. Regarding requests to Ireland seeking assistance in obtaining DNA profiles, pursuant to Article 7, the required amendments to the Criminal Justice (Mutual Assistance) Act are already contained in the Bill.