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

10:30 am

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

I move amendment No. 29:


In page 128, lines 3 and 4, to delete “section 8 of the Criminal Justice Act 1984” and substitute the following:“any statutory provision providing for the destruction of fingerprints, palm prints or photographs of persons".
These four amendments essentially all arise from the introduction of the new destruction arrangements for fingerprints, palm prints and photographs. As I have explained in the context of earlier amendments, the previous procedure whereby persons had to apply to have their identification evidence destroyed has been replaced by a presumption of destruction. Section 122 is being amended in two places to take account of the new destruction arrangements for fingerprints, palm prints and photographs in the context of mutual assistance requests. The amendment of section 79(1) of the Criminal Justice (Mutual Assistance) Act reflects the replacement of section 8 of the Criminal Justice Act 1984 with the new destruction arrangements for fingerprints, palm prints and photographs provided for in the Bill. It covers all relevant statutory provisions being amended in this regard.

The amendment of section 79(9)(d) of the Criminal Justice (Mutual Assistance) Act 2008 reflects the deletion of section 8(11) of the Criminal Justice Act 1984 relating to information giving and instead inserts a reference to a new section, 8H, of that Act relating to a requirement to ensure the new destruction arrangements for fingerprints, palm prints and photographs are complied with.
Two amendments are also being made to the International Criminal Court Act 2006 for the same reasons I have outlined with regard to the previous two amendments to the Criminal Justice (Mutual Assistance) Act 2008. The new destruction arrangements being introduced for fingerprints, palm prints and photographs are reflected in the two amendments to section 127 of the Bill which amends section 50(1) and (11)(c) of the International Criminal Court Act.

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