Brian Hayes (Dublin South West, Fine Gael)
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Question 7: To ask the Minister for Justice, Equality and Law Reform the progress made in respect of introducing a DNA database; and if he will make a statement on the matter. [46281/09]

Dermot Ahern (Louth, Fianna Fail)
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I expect to be in a position to seek Government approval for the publication of the Criminal Justice (Forensic Evidence and DNA Database System) Bill very shortly. A central element of the Bill will be the establishment of a DNA database system to aid the investigation of criminal offences and to assist in finding or identifying missing and unidentified persons including deceased persons. The database will not only provide the Garda Síochána with an enhanced intelligence resource, it will also lead to greater efficiency in the use of Garda time and resources. While the taking of bodily samples will be, primarily, a matter for the Garda Síochána, the Forensic Science Laboratory of my Department will have statutory responsibility for the establishment and operation of the database.

Although the database cannot be established until such time as the legislation is enacted, preparatory work has already commenced to ensure that there will be no undue delay. In particular, an implementation team, led at deputy director level, has been established in the Forensic Science Laboratory to plan for the introduction of the database. The extensive consultation that has taken place with the Garda Síochána and the Forensic Science Laboratory during the development of the Bill will also assist in ensuring that the database is established as quickly as possible.

Charles Flanagan (Laois-Offaly, Fine Gael)
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The Minister says "very shortly" but we have all heard that phrase before. I remind him that it is over five years since the Law Reform Commission published its report on the establishment of a DNA database. It is almost four years since January 2006 when the Minister's predecessor, Michael McDowell stated that he had received Cabinet backing and approval to proceed to draft the legislation. The heads of the Bill were published in 2007 but we have not seen the Bill which I understand is included on the list for publication this term. What does the Minister mean by "very shortly"? Will this important Bill be published in the new year?

Will the Minister comment on the report by Professor Kopp-----

Pat Rabbitte (Dublin South West, Labour)
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Appropriately enough.

Charles Flanagan (Laois-Offaly, Fine Gael)
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He stated in quite stark terms the chronic underfunding of the process. He also said that he had evidence that some senior members of the Garda Síochána did not even bother sending samples for assessment or analysis because they knew it would not be done because of the shambolic current system. Notwithstanding the timescale, what is the position regarding the forensic science laboratory? Has the Minister the money for it? Will it proceed? A certain amount of money was set aside in 2009 which I understand has yet to be expended. Has the Minister ring-fenced that money for the laboratory for next year in tandem with the legislation?

Dermot Ahern (Louth, Fianna Fail)
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It is all good news. To answer his first question on the legislation, "very shortly" means next Tuesday, when I will bring the draft Bill to Government.

Charles Flanagan (Laois-Offaly, Fine Gael)
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Very good.

Pat Rabbitte (Dublin South West, Labour)
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Easy now. The Minister has that smile again.

Dermot Ahern (Louth, Fianna Fail)
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We will publish the Bill very shortly thereafter, before the end of the year. The reason there has been a delay in this, particularly during my time, which is what I am directly responsible for, is due to the Marper v. United Kingdom case, in which judgment was given by the European Court of Human Rights in December 2008. This raised significant issues in regard to the right of privacy, including unjustified interference with the right to privacy, which we have taken into account and which required the Bill to be reconsidered. There are significant issues in privacy and human rights in regard to the DNA database. My press statement of yesterday referred to the fact that we have secured €4.1 million in the Estimates for 2010 for development of the DNA database, and this will be spent next year.

I do not accept what the Deputy said about under-resourcing. Current authorised numbers for the laboratory are 102.5 posts-----

Charles Flanagan (Laois-Offaly, Fine Gael)
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The information is from Professor Kopp.

Dermot Ahern (Louth, Fianna Fail)
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-----an increase of 30 posts since December 2006, so substantial numbers of new staff have been taken on in recent years. It is also the case that the OPW will proceed with the building of the forensic science laboratory, which is a purpose-built facility on available State land at Backweston campus in Leixlip, which is already the location for the State Laboratory and the Department of Agriculture, Fisheries and Food laboratory. The site, which is fully serviced, is considered suitable for a development of this type. The new laboratory will have the capacity to maintain and operate the proposed national database.

I understand the OPW has the money to commence in the not-too-distant future the tendering process for construction, and this will take place in early 2010. It is expected that the tendering process will take about six to seven months, so I would expect the forensic science laboratory would start on the Backweston site some time later in 2010. It is all good news.

Charles Flanagan (Laois-Offaly, Fine Gael)
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We are not absolutely sure of that. I wish to revert to the matter of the funding. In budget 2009, €18 million was allocated to upgrade the State forensic laboratory and the State pathology laboratory in advance of the Bill being passed. In the recent Estimates, however, my understanding is that the Minister announced he was delaying the capital works at the forensic laboratory to save €1.3 million. What exactly is the situation on the funding? While the Minister said the good news is that work will commence in 2010, when will it be completed and has he allocated sufficient funding to allow the completion and operation of the new facilities in tandem with completion of the legislation?

Dermot Ahern (Louth, Fianna Fail)
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We cannot have the database without the legislation. Preparatory work is being done and any money that was allocated earlier had to await the legislation. I explained the delay in the legislation because we needed to get it right in regard to the privacy and human rights issues. It is expected that we will be able to commence the forensic science laboratory in the second half of next year, provided the tendering process goes according to plan.

Charles Flanagan (Laois-Offaly, Fine Gael)
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That is not what I asked. Commencing is fine but what about the money?

Pat Rabbitte (Dublin South West, Labour)
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Do the moneys not spent for 2009 go back to the Exchequer? Can the Minister explain roughly what amount of money he will have available for the project in 2010 and how far he thinks it will bring us in terms of the provision of that facility? Once the legislation is in place, how long does he envisage before the service will be on stream?

Dermot Ahern (Louth, Fianna Fail)
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The forensic science laboratory is currently in pretty difficult, cramped circumstances, although it has moved just this week to another location given that it has taken on extra staff in recent years. There is €4.1 million in my Estimate for 2010 in regard to the database, which is the responsibility of the Department of Justice, Equality and Law Reform. The responsibility for building the forensic science laboratory is the OPW's. I have checked with the OPW and it is a major priority on its list. I understand the OPW has the funding and it is intended to launch the tendering process in early 2010 with a view to completing that over six or seven months and hopefully beginning construction. I am not aware of how long the construction period will be but, obviously, the issue of the database can proceed provided we pass the legislation. I hope, I can get the co-operation of the House in that respect.