Peter Kelly (Longford-Westmeath, Fianna Fail)

I will use ten, a Cheann Comhairle.

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.

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