I am delighted to have the opportunity to speak on the Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010. The establishment of Ireland’s first ever DNA database marks an important step forward in the State’s fight against crime. Giving the Garda access to intelligence on a scale that has never before been available in this country, will revolutionise the way criminal investigations are carried out. The DNA database will be used mainly in the prevention and investigation of crime. However, it will also be used to identify missing, ill or unknown deceased persons. Therefore, not only will it help to provide leads in current investigations but will also be invaluable in solving cold cases.

The importance of DNA testing in criminal investigations cannot be underestimated. It has helped boost conviction rates across the world and is without doubt one of the greatest investigative tools available to police forces today. When talking about DNA testing, it is important to be clear about the difference between a DNA sample and a DNA profile. A DNA sample is taken from an individual via a mouth swab or a plucked hair, and is then stored in the lab for analysis. A DNA profile is the numerical representation of the DNA sample obtained by analysis. In this Bill, it is proposed to store DNA profiles generated from biological samples in a national database.

Armed with this understanding, let us consider how the DNA database will actually work. It is at the pre-trial stage that the greatest scope exists for the role of a DNA database in the context of the investigation and prosecution of crime. Profiles generated from samples gathered at crime scenes or from volunteers, such as victims of crime, are stored in the database and then compared to profiles already on file. The comparison of unknown crime scene profiles with known reference profiles, such as those of offenders, former offenders or arrestees, will produce hits that help the Garda to generate suspects and also eliminate other known profiles from suspicion. Similarly, matches generated by comparing crime scene profiles may indicate the existence of a serial offender and provide investigative leads.

Given that there has been some debate over whose DNA samples will be taken and how long they will be for kept for, let us consider this question. When this Bill becomes law, samples will be taken from offenders, former offenders and those detained on suspicion of committing a serious offence, as well as volunteers and missing or unknown persons. Prisoners on temporary release, persons who have received suspended sentences for serious crimes and those on the sex offenders’ register will be required to provide samples. For the purpose of elimination, some members of the Garda and laboratory staff will also be required to give samples. It originally had been envisaged that all samples and profiles would be kept indefinitely. However, this position was changed following a high profile case at the European Court of Human Rights in 2008. In response to this, the Bill now proposes a range of retention periods.

Samples taken from convicted persons will be destroyed after three years and their profiles will be retained indefinitely. The profiles of child offenders will be destroyed ten years after the end of the sentence. In the case of suspects who have not been charged or have been acquitted, their samples will be destroyed after three years. Profiles may be held for ten years or five years in the case of children. It should be noted that the Bill includes a provision for a donor to apply to the Commissioner for the destruction of profiles and samples prior to the expiry date. In addition to this, the Bill requires that the Minister review the retention arrangements for samples and profiles within seven years.

In view of these arrangements, I believe the Bill strikes the right balance between the rights of the individual to privacy and the wider interests of society in terms of crime prevention. To best serve the interests of the public and the individual, it is clear that the new DNA database will need to be closely monitored and its functions kept under constant review. I welcome the fact that this Bill provides for the creation of an oversight committee. The task of the committee is to ensure the database is only used for the purposes for which it is originally intended. The committee will be chaired by a former or sitting judge of either the Circuit Court of the High Court.

It is hoped that this new database will emulate some of the success that other jurisdictions have had with similar systems. The UK operates one of the largest national databases in the world, containing profiles for almost 5 million individuals. The British police forces use this to solve thousands of crimes every year. It is clear that the establishment of a new national database has many benefits. Most important, it will provide gardaí with a much-needed, powerful and sophisticated tool to prevent and investigate crime. I commend the Bill to the House.

A specialised Corrib technical advisory group, founded by the then Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, in 2005 also found the regulatory regime was incapable of giving due weight to the societal risk posed by petroleum-related activities. There is a need for a State body with the appropriate expertise and powers to regulate overall public safety in the sector. With market liberalisation, the Energy (Miscellaneous Provisions) Act 2006 conferred responsibility on CER for the public safety of downstream or processed gas activity. This Bill will now extend the responsibility of CER to the safety of upstream oil and gas. Ensuring maximum public safety is the fundamental objective of this proposal and this is the overriding benefit. Under this Bill, the HSA will remain responsible for enforcing occupational safety and health laws for oil extraction.

A number of different approaches have been taken by other countries. The UK, for example, has chosen to empower its general employment health and safety authority with specific powers for pipeline safety. This type of system does not lend itself to Ireland as the legislation establishing the HSA here is different from that in the UK. The HSA cannot be given responsibility for infrastructure that does not have operatives in attendance. It is responsible for the safety of employees rather than for the public at large. The HSA does not have experience in this field of pipeline safety. In any case, it would not make sense to have two separate regulatory or safety organisations for one industry, particularly when the upstream aspect is relatively minor. Under this legislation CER will be able to recover its losses from the industry. The new safety regime for upstream safety is designed to strengthen public safety and is in compliance with the recommendations of the recent safety studies into the Corrib gas field. In the future it would be worth exploring the option of giving overall responsibility for pipeline safety to one authority, as is the case in Denmark.

This would be extremely beneficial in terms of benefits of economies of scale and the pooling of professional knowledge. This is a technical Bill but its main objective is very clear. It will ensure the highest standards of public safety are adhered to for upstream petroleum. I commend the Bill to the House.

According to the EU Commission, unit labour costs in Ireland fell by approximately 2% last year and rose by 4% in the UK, which translates to a 6% swing in relative labour costs. At the same, the consumer price index shows that prices here are falling more rapidly than in Northern Ireland, the UK and the EU as a whole. The value of sterling vis-á-vis the euro plays a role in attracting shoppers across the Border. It is my hope that the measures announced in the budget will encourage people to shop local and will impact on our exports. I am sure people will rally round and shop local when they know they can get value for money.

The issue of negative equity is a very real one for many young families. It is one of great concern to many of my constituents in Longford-Westmeath. The extension of mortgage interest relief to 2010 is particularly welcome. The measures in regard to the car scrappage scheme are also welcome. The industry has been badly hit during the past two years and it is estimated that the scrappage scheme will protect 2,000 jobs in the sector. The Bill reiterates our commitment to a 12.5% rate of corporation tax, which is hugely important and has been welcomed by many financial commentators and experts. The tax exemption on the income and gains of new start-ups is being extended to companies that commence trading this year.

The Bill includes incentives to attract skilled workers to Ireland, which is vital if we are to continue to develop the smart economy and attract the brightest and best from home and abroad. The significant incentives in relation to research and development and the intellectual property environment introduced during the past two years are retained and enhanced. Ms Olivia Lynch of the Irish Taxation Institute stated in an interesting article in The Sunday Business Post that if Ireland is to get its economy back on track, we will need strong indigenous companies that are focused on export markets. She also pointed out that research and development does not just mean laboratories and white coats. Real innovation and research can be conducted in other areas, including engineering and financial services. Ms Lynch quoted a recent KPMG survey of 100 business leaders which showed that 86% of companies in Ireland were not participating in the research and development tax credit scheme because they did not believe they were conducting research and development or that the regime was relevant to them. It appears that many Irish companies conducting research and development are not aware that they might be eligible for assistance. Perhaps there is work to do in terms of publicising what is available.

A report published late last year by the high level action group on green enterprise identified the potential to create 80,000 jobs through tapping into the €700 billion global environmental goods and services market. Some 15,000 jobs have been created in this sector to date. This year, €130 million is being provided for energy efficiency programmes and the national insulation programme will be extended to include an additional €50 million for a national retrofit programme, creating an estimated 5,000 jobs in 2010.

The Opposition’s criticisms of the Bill are not shared by independent commentators at home and abroad. The American Chamber of Commerce, which represents the 600 US companies employing in the region of 100,000 people in Ireland, broadly welcomed the measures in the Finance Bill 2010. It was stated in an article in The Economist of 4 February that Ireland is small but its Government has shown itself willing to take unpopular decisions to right its public finances. The Irish economy is more flexible, thus its medium-term prospects seem brighter. The economy grew slightly in the third quarter of last year and there are signs that tax revenues are recovering.

Currently the central and regional fisheries boards are made up of over 150 board members. We all know that such an unwieldy setup can cause problems. The new board of inland fisheries Ireland will comprise only nine core members. I welcome the news that an Oireachtas joint committee will be involved in the appointment of some of these new members. Oireachtas joint committees should be more involved in decision-making and appointments to Government boards. All political parties are represented on such committees and one gets fair representation. A smaller board will allow for greater accountability. It will also have a clear focus on efficiency and value for money. The Minister is committed to value for money on instructions from the Minister for Finance. With regard to the inland fisheries forum, existing board members who genuinely wish to remain involved in the development of our inland fisheries will have ample opportunity to contribute their valuable knowledge and ideas to a new inland fisheries forum which will be set up under this Bill. As pointed out by Deputy Bannon, it is important that any information should be sought locally from the people who know what they are talking about, know the area and know the rivers and the fishing, rather than from someone who is not involved in the local area. One cannot beat the local knowledge of the people on the ground.

Recognising the importance of stakeholder involvement at local level, the forum will establish local advisory structures which will capitalise on the goodwill and expertise available in the community. Fishing is a very relaxing pastime. There are many fishermen in County Longford who are completely committed and dedicated and who love fishing. They are cool, calm, decent, concerned citizens who fish for many hours on the banks of the rivers and are as happy as Larry doing so.

The forum will also replace the National Salmon Commission in providing advice on the management of the national salmon resource. Much work has been done in terms of conserving our salmon stocks in recent times, for example, the closure of commercial mixed stock salmon fishery and the subsequent creation of a €30 million salmon hardship fund. Further work in this area of salmon fishery will be facilitated by the new forum.

Another function of Inland Fisheries Ireland will be to operate a scheme which would distribute the resources of the eight fisheries co-operative societies which are being wound down. The new body will ensure that the resources will be put to good use by means of a grant scheme for local development groups.

There are no costs associated with this Bill and, in fact, it will lead to initial and immediate savings through efficiencies resulting from the winding down of the array of boards and societies and the National Salmon Commission. Over the years, Ireland’s responsibilities under EU law have grown substantially in areas relating to inland fisheries. The habitats directive and the water framework directive which deal with environmental and habitat protection across all animal species, have placed various obligations on the Government which must be met. Inland Fisheries Ireland will manage and report on its operations on the basis of the river basin districts established for the implementation of the water framework directive. This will have a number of benefits. It will make it easier, for example, to implement future EU measures in the sector. It has been agreed that Inland Fisheries Ireland will have strong regional executive structures which will be aligned with the river basin districts as set out in the European Communities (Water Policy) Regulations 2003, which implements the EU water framework directive. This should ensure enhanced delivery of the relevant functions under the water framework directive and an approach consistent with that adopted for implementing policy in this area. It will also be beneficial in terms of implementing future EU sponsored measures in the sector.

There are six river basin districts within the area covered by the existing seven regional fisheries boards. Accordingly, there had been opposition to this approach from the existing western and north-western regional fisheries boards, whose areas are encompassed by one river basin district. However, in recognition of the scale and variety of activities and the location and number of staff across the north-west and western regions, the Government has decided that the retention of offices in both Galway and Ballina, within the western river basin district, is warranted for an initial period at least.

Ultimately, this Bill proposes to streamline and improve the structures that are currently in place in the inland fisheries sector. This will help ensure that the sector thrives and achieves its true potential. I wish the Minister of State, Deputy Conor Lenihan, well in his endeavours in order that the sector thrives and its full potential is realised.

This Bill concerns the restructuring of the inland fisheries sector. The Bill will establish a new body, inland fisheries Ireland, that will subsume the existing central board and the seven regional fisheries boards set up in 1980. I am sorry to see the regional fisheries boards going because they did good work and were interested in and had a love of fishing. In the interests of fishing it is important that they are streamlined. It is Government policy to streamline boards and bring them into focus by the end of the year.

Under Government policy on the rationalisation of State agencies, the existing boards are to be replaced with a single national Inland fisheries authority. The Bill provides that inland fisheries Ireland will have a board of nine people. The chairperson and two others will be appointed on the Minister’s nomination. Two board members will be appointed on the nomination of the Ministers for the Environment, Heritage and Local Government and Community, Rural and Gaeltacht Affairs. One will be a staff representative appointed following an election process. I welcome this, which is right and proper. Everyone should be involved in and have a say on this board. The remaining three members will be appointed having regard to the advice of the Joint Committee on Communications, Energy and Natural Resources. The Bill states that the appointees must have experience of or have shown capacity in one or more of the areas of agriculture, aquaculture, business and commercial affairs, commercial fishing, environmental biodiversity matters, fish processing, legal or regulatory affairs, matters pertaining to disability, repairing and ownership of fisheries, recreational fisheries, regional development and tourism. The inclusion of recreational fisheries, angling, commercial fishing, ownership of fisheries and tourism interests demonstrates that angling interests are not precluded from being appointed to the board of inland fisheries Ireland.

Planning law is currently based on the Planning and Development Act 2000 which consolidated and modernised the planning system. This was followed by the launch by the Department of the Environment, Heritage and Local Government of the national spatial strategy in 2002. Regional authorities have been responsible for regional planning guidelines since 2004, and development plans and local plans are made by planning authorities.

The original purpose of the Planning and Development Act 2000 was, as stated in its Title, to “provide, in the interests of the common good, for proper planning and sustainable development.” However, in the past ten years we have witnessed a litany of poor planning decisions and chronic over-zoning. The Bill before us today will once and for all put an end to the bad planning that has seen a deterioration in the quality of life of those living in housing estates without facilities, schools or proper public transport. There is no doubt that planning has been at times inconsistent with national, regional and local planning guidelines. This Bill will put an end to that by ensuring there is greater coherence between national, regional and local guidelines.

The Planning and Development (Amendment) Bill 2009 is part of the Government’s commitment to the development of a smart economy. The legislation introduces several key changes to the planning code with the principal aim of ensuring proper planning at local level, supporting economic renewal and promoting sustainable development into the future. It will ensure greater consistency between a local authority’s development plan, the national spatial strategy, regional planning guidelines and ministerial directives. The legislation provides that any changes to a county development plan must include an indicator as to how the plan is consistent with the regional planning guidelines and the national spatial strategy. This strengthening of the status of regional planning guidelines and the role of regional authorities in the preparation of development plans is welcome. Their input on key issues will be hugely important and will ensure a cohesive relationship between local planning and regional planning guidelines. I take this opportunity as a former member of the Midland Regional Authority to pay tribute to the former chief executive officer, Mr. Jim Stone, his staff and all the members of the authority for their work.

This legislation will ensure that future development takes place at the right time, in the right place and at the right pace to allow for the necessary infrastructure to be built. Most important, the Bill will greatly strengthen local democracy and accountability and provide greater transparency for the public in the planning process. An important provision in this regard is that two thirds of councillors, rather than a simple majority, must approve the county development plan. It also ensures that the powers bestowed on councillors are exercised in a responsible way in accordance with good planning practice.

To ensure greater transparency, amendments to a draft development or local area plan which have been the subject of public consultation can only be changed now in minor respects. Previously, land zoning was often introduced in the latter stages of a development plan. However, this new rule will ensure councillors are forbidden from making any last minute changes. In addition, following the public consultation process, any further changes will be subject to the two thirds majority rule.

I welcome the increased role of the Minister who will have greater legal responsibility under the new procedures. One of the most welcome aspects of the Bill is that which provides for greater powers to deal with so-called rogue developers. That will enable local authorities to refuse planning permission to applicants who have been convicted of serious breaches of planning legislation or who have been involved in an unauthorised development.

In the news yesterday, it was reported that an estimated 300,000 houses are empty and approximately 200 ghost estates are scattered around the country. I very much hope that those developers who have littered our country with ghost estates and caused heartache for hundreds of home owners will be prevented from acquiring planning permission in the future. We must not only ensure an end to ghost estates but we must ensure that we never again have what Frank McDonald in The Irish Times has referred to as “tenements for the 21st century” in Dublin city centre. The legislation must take those kinds of developers into account.

I referred to developers who are guilty of abandoning home owners in ghost estates with no possibility of being able to sell their homes. On the other hand, there are also many honourable developers who would like to complete the developments they have started or who have been granted planning permission. Unfortunately, at the moment the main obstacle in their way is a lack of credit. As a result, I very much welcome the extension of planning permission for a further five years as outlined in the Bill. That provision has been well received, given the current slump in the property market. The takeover of billions in property loans by NAMA is imminent. I hope that will result in a greater supply of credit for those developers. The extension of planning permission will further aid the situation.

I do not agree with one aspect of the Bill, namely, section 28 which empowers An Bord Pleanála to reduce the quorum for its meetings from three to two members. That is being done to increase the efficiency of the business of the board in terms of handling a backlog of appeals. I suggest that this reduction to two members could slow down the process and result in greater indecision. With the number of appeals down dramatically due to the recession, there is no need to reduce the quorum. I wish to see the Bill progressed.

Ireland’s leadership in the EU peacekeeping mission to Chad as well as the ceremonies and events in 2008 arising from the 50th anniversary of this country’s first United Nations peacekeeping mission have helped create a positive public image of Ireland’s proud record as the provider of military peacekeepers.

I am delighted to speak in favour of this legislation, which will greatly aid the Defence Forces in developing their capability to serve the causes of peace and justice in support of the United Nations. As all of us who were out and about knocking on doors as part of the recent Lisbon treaty campaign will know, our defence and military neutrality policies were an important consideration for many voters. The guarantees secured by the Government helped dispel many of the groundless and unnecessary fears raised by those on the “No” side.

The National Asset Management Agency will buy assets from banks, thereby taking the riskier loans off bank balance sheets and making banks safer and more secure for depositors and investors. This is the best approach to ensure stability in our financial system and free banks to lend to businesses and households. NAMA will buy loans at a discount of about 30%. It will do so on the basis of individual loan valuations carried out by experts and subject to European Commission approval. The payment for the loans will be in the form of Government bonds. NAMA will manage these loans either directly or indirectly to obtain the best achievable return from them. In the meantime, it will collect interest due and pursue debts owed by developers. The Minister for Finance, Deputy Brian Lenihan, has pledged that the full rigours of the law will be applied to do so.

We all know property and land prices are depressed. Owners of these assets will not be able to sell land or property until prices increase in an economic recovery. However, the economy will not recover unless the banks are able to lend to businesses and households once again. Banks cannot access funds to lend money given the uncertainty of the value of loans on balance sheets. This prevents prospective buyers entering the market, which ensures asset prices remain depressed. By establishing NAMA the Government is trying to unlock this catch-22.

We have no other option. We must address the health and stability of our banking system to ensure the credit required by the economy is provided and people’s savings are protected. Banks need to be able to access cash so that they can lend this cash to viable businesses and households. At the moment, concerns about the impact of risky loans on the banking system are creating funding difficulties for the banks and restricting the flow of credit.

The replacing of property related loans with Government bonds will remove uncertainty about the soundness of banks’ balance sheets. This will increase their capacity to access funds in the financial markets and, if necessary, from the ECB. This response will ensure the banking system’s safety, stability and capability to lend, all of which are crucial for economic recovery.

NAMA is not a bailout for banks or developers. It is about getting the banks to a position where they can start lending to families and businesses once more. Banks will suffer substantial losses on the sale of assets to NAMA. It is not a rescue vehicle for developers or other borrowers as NAMA will expect to be repaid in exactly the same way as a bank would. NAMA is not about restoring the property bubble prices of 2007 and it is estimated that NAMA will have to achieve an uplift of less than 10% over the current market values on its assets over ten years to break even. Furthermore, there will be a fund available to allow some half-finished construction works to be completed. This is good news for those in new estates where work is unfinished, thereby making it even more difficult to sell remaining houses and apartments.

Naturally, there has been concern about what safeguards will be put in place to protect the taxpayer. Under the Bill there will be no easy terms available to borrowers from NAMA. All borrowers will be pursued by NAMA for their debts and it will be a crime for anyone to lobby NAMA in regard to any of its decisions. Only a borrower and his or her agents will be authorised to deal with NAMA.

The legislation has been changed to require more frequent reporting by the agency and the Minister for Finance to the Oireachtas. Any involvement by borrowers in the development or completion of property acquired by NAMA will be subject to strict limits and controls. Under the Bill there will be no easy terms available to borrowers from NAMA, and all of these will be pursued for their debts.

NAMA is not expected to make a loss over the long term but if it does, financial institutions will be levied. The Government is not bailing out the banks but is bailing out the economy. In the absence of a functioning banking sector, everything people have worked so hard for would be placed at risk. It is for this reason I will be voting for the speedy implementation of this legislation.

Bankers - I do not include staff at branch level in this - have let this country down. There is no excuse for greed. We now have a duty, for the good of the economy, to restore confidence in the banking system. It is estimated that the value of the bank loans to be taken over by NAMA is approximately €77 billion. NAMA is supposed to pay €54 billion for these and, as a result, the banks will suffer a loss of €23 billion. The banks are rightly sharing the losses. After all, it was they who engaged in approving crazy loans in the first instance.

The purpose of this legislation is to ensure the banks lend again. The European Central Bank, not taxpayers, will put up the money in respect of this matter. If NAMA covers its costs over ten years, taxpayers will pay nothing. If it makes a loss, a bank levy will be introduced to cover this.