Michael McDowell (Dublin South East, Progressive Democrats)

As the Deputy is aware on 24 January last, the Government agreed that work should get under way on the preparation of a general scheme of a Bill to provide for the establishment on a statutory basis of a DNA database. I expect to publish the Bill later this year.

The Criminal Justice (Forensic Science) Act 1990, which provides the statutory basis for the taking of DNA samples only permits the examination of samples with regard to particular offences. The value of a DNA database, over and above our current system, is that it will allow profiles derived from samples taken from individuals to be analysed against all crime scene samples, regardless of when the crime took place. By doing so it will offer greater possibilities to identify perpetrators of crime. It will also contribute to the more efficient use of Garda resources. I am therefore satisfied the establishment of a database will make a significant contribution in the fight against crime. This has been the experience in other jurisdictions where databases are already in operation.

I am on record in this House as favouring the establishment in this State of as extensive a DNA database as possible subject to constitutional and ECHR obligations. However, having regard to the complexity and sensitivity of the issues involved, I considered it appropriate to await the outcome of the Law Reform Commission's examination of this issue, including the level of safeguards to be included before proceeding with plans to establish the database. As the Deputy is aware, the Law Reform Commission published its report in November last year.

I have paid close attention to the commission's recommendations, but there are areas in which I will go further than what was suggested by the Law Reform Commission. In particular, these will relate to the category of offences for which DNA samples may be taken. I have consulted the Attorney General and I do not agree there is a human rights dimension to a policy of destroying samples taken after a particular period of time. This is not justified, for example, with regard to the Criminal Justice Act 1984 and the issue of fingerprints. Similarly, it should not be the case for DNA samples to be destroyed after a period of time. That is an example of the State disabling itself in the proper investigation of offences.

Additional information not given on the floor of the House.

I have paid close attention to the commission's recommendations when preparing the proposals that have now been approved in principle by Government. I am sure the Deputy will understand that certain matters are still subject to detailed scrutiny. However, I assure him that my proposals will incorporate the following key safeguards. The database, while being extensive will be subject to certain operational restrictions to take account of civil rights issues. By that I mean it will include the DNA profiles of persons convicted of serious criminal offences, including those placed on the sex offenders register. It will also include profiles from samples taken from persons who have been detained on suspicion of involvement in serious offences. In addition, it will include profiles generated from samples provided by "volunteers" as well as those taken for the purposes of identifying missing or injured persons.

With the exception of profiles relating to missing and injured persons taken for identification purposes, it will only be possible to use DNA samples taken in connection with criminal investigations in the context of the investigation of crime — they will not be used for or made available for other purposes, such as the determination of paternity or in the assessment of health risks by, for example, the insurance industry.

With regard to the provision for the giving of samples by volunteers, their informed consent will be required. Profiles taken for the purpose of identifying injured or missing persons will be held in a separate index on the database and will not be speculatively searched for the purpose of criminal investigation against the profiles from crime scene samples held on the database. It will be an offence to disclose information or to receive information about samples or profiles other than in accordance with the legislation.

The storage of a person's profile on the DNA database will have no implications for a person in terms of employment, travel and so forth. This is because access to the database with be restricted and controlled and the information stored on it will not be generally available or known other than to those needing to know in the context of a criminal investigation. Anyone whose profile is stored on the database will have a right to make an application to have it removed and destroyed together with the sample from which it was generated.

The DNA database will be operated by the Forensic Science Laboratory. The laboratory operates under the aegis of my Department. My proposals will include provision for statutory oversight arrangements by suitably qualified persons to provide assurance, in the interests of transparency and public confidence, that the highest standards are being maintained. These statutory oversight arrangements will include independent accreditation and the development of codes of good practice.

While my proposals for the most part closely reflect the recommendations of the Law Reform Commission they do depart from those recommendations in certain respects, particularly the retention of samples taken from suspects and the establishment of an independent statutory agency to operate the database. The commission's report recommends that samples and profiles should be destroyed where they relate to persons who are detained on serious offences but who are released without charge, or who, if charged, are subsequently acquitted or otherwise discharged.

The Attorney General has advised that retaining indefinitely samples and profiles taken from suspects in these circumstances is not unreasonable and does not constitute a violation of any legal rights, once clear and strict safeguards are provided against the misuse of the samples and profiles. I share that view and, as I have already indicated, I will ensure that comprehensive safeguards and limits on access will be provided for. Accordingly, my proposals will provide for the indefinite retention of all samples subject to the right of every individual, as I have already mentioned, to apply to have his or her profile and sample destroyed.

With regard to the Law Reform Commission's recommendation that an independent agency be established to operate the database, I consider that the Forensic Science Laboratory, which, as I have said, operates under the aegis of my Department, is well placed to undertake the task of operating and managing the database. I do not, therefore, propose that a new agency should be established for that purpose. I accept, in the interests of transparency and public confidence, that oversight arrangements by suitably qualified persons are desirable to provide reassurance that the highest standards are being maintained. Therefore, as I have indicated, I intend to provide in statute for an independent oversight body. I believe this approach will meet the need for independent verification of the work of the laboratory and will facilitate the early commencement of the new arrangements.

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