Brian Lenihan Jnr (Dublin West, Fianna Fail)

I move amendment No. 53:

In page 73, line 34, to delete "records." and substitute the following:

"records;

"nurse" means a person whose name is entered for the time being in the register of nurses established under section 27 of the Nurses Act 1985.".

These amendments relate to the identification evidence provisions of the Bill. Amendment No. 53 introduces a definition of "nurse" into section 75. Amendment No. 55 inserts the word "nurse" into section 78 (5), for the purpose of taking certain bodily samples. It is important, operationally, that nurses are empowered to take samples. Similar provision is made in the Road Traffic and Transport Act 2006 and the proposed definition of "nurse" is the same as in that legislation.

Amendment No. 56 to section 78 (7) is introduced in the interest of consistency. The proposed text mirrors subsection 2(8)(a) of the Criminal Justice (Forensic Evidence) Act 1990, as amended by section 14 of the Criminal Justice Act 2006. The words "for comparison purposes" have been taken out as they are unnecessary and are covered by the words "for the purpose of forensic testing". This also is consistent with the wording of section 78 (5) which provides for the taking of bodily samples.

Amendment No. 57 inserts the words, "as well as the record of any analysis of the evidence or any other record relating to it that may be made in the requesting State" into the text of section 78(10). This provision requires the central authority to seek an assurance that evidence will be destroyed where the subject of an investigation is not prosecuted, is prosecuted but acquitted, or where the subject is placed on probation when three years from the making of the probation order have expired. The inclusion of the additional words is for the sake of completeness and clarity.

Amendments Nos. 58 to 60, inclusive, align the age of consent in the definition of consent contained in section 78 (12) with that used generally in the Children Act 2001.

Amendment No. 61 is introduced for the purpose of consistency with the provisions of section 52 of the Children Act 2001 relating to the age of criminal responsibility.

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