Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I move amendment No. 6:

In page 14, line 37, after "prescribed" to insert the following:

"in doing so the Minister shall have regard to the provisions contained in Schedule 1, human rights standards and international evidence indicating the likely effectiveness and social and economic costs of all potential regulations".

The purpose of this amendment is to place a binding requirement on the Minister to ensure that any regulation he considers producing under this Act is based on the best available evidence and is human rights compliant. There has recently been a history of abuse of many of the powers of the Garda Síochána by certain elements within the force. It is therefore important that when dealing with legislation giving the Garda Síochána additional powers we ensure at the earliest stage of making regulations that they are based on proper evidence and standards rather than that they are produced and disappear. Regulations should comply with the principles of human rights.

The Minister produces many of the regulations and he is therefore not obliged to seek the opinion of the Human Rights Commission on the regulations. This is a way of bypassing proper scrutiny.

Amendments Nos. 46 and 409 relate to section 14 which allows for the taking of bodily samples, a topic to which we will return later. I want to ensure that proper safeguards are in place. I have listed these in amendment No. 409. They already exist, for example in the Criminal Justice (Forensic Evidence) Act 1990. The amendment brings this part of the Bill into line with existing legislation. This was in line with what the Human Rights Commission said when it raised concerns about the proposal.

The legislation allows the Minister to make regulations regarding the taking of samples along the lines recommended by the Human Rights Commission. It would be preferable to have any such safeguards written into primary legislation so that they would not be applied at ministerial discretion or changed without any legislative oversight. There should not be any major problems with this amendment, given that I propose a direct quotation. The inclusion of comprehensive guidelines is aimed at safeguarding the individual, who is subject to these forensic procedures and the members of the Garda Síochána who administer them to prevent wrongful accusations being made against them.

See this speech in context