Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I move amendmentNo. 47:

In page 26, between lines 38 and 39, to insert the following:

"(d) in section 5(2) by the insertion of the following paragraph after paragraph (b):

(c) In determining whether the carrying out of a forensic procedure without consent is justified in all the circumstances the superintendent or Garda of higher rank shall have regard to the following:

(i) the seriousness of the circumstances surrounding the commission of the relevant offence and the gravity of the relevant offence;

(ii) the degree of the suspect's alleged participation in the commission of the relevant offence;

(iii) the age, physical and mental health, cultural background and religious beliefs of the suspect, to the extent that they are known;

(iv) whether there is a less intrusive but reasonably practicable way of obtaining evidence tending to confirm or disprove that the suspect committed the relevant offence; and

(v) where the suspect gives reasons for refusing to consent, the reasons for refusing.".".

Section 14, which we address here, allows for the taking of bodily samples, mouth swabs and saliva without consent and allows the authorities to keep these samples for a year, even where a person has not been charged with a crime. The Human Rights Commission has raised a number of serious concerns about this proposal. In its view, it lacks adequate safeguards.

What I am trying to do with this and previous amendments is to insert some safeguards into the legislation. The Minister has previously stated that he will deal with ministerial regulations and I have tabled an amendment to deal with that matter also.

The amendment is self explanatory. It outlines what a garda, of at least superintendent rank, must have regard to before making a decision to take such bodily samples as are deemed to be required for the pursuance of an investigation. The factors are mostly common sense and are ones a garda would generally take into account. They include the age, physical and mental health of the suspect and so forth. By stating the factors clearly in the law, we are not leaving it to chance that they are taken into account. That is all the amendment aims to do. It provides safeguards and ensures that any regulations that this or a future Minister may draft are already tied to what has been included in the legislation. I urge the Minister to accept the amendment.

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