John Curran (Dublin Mid West, Fianna Fail)

It was the manner in which you said it.

The Bill does not specify test methods. In any event, DNA results can be challenged under normal rules of evidence. Court procedures are not solely about DNA evidence. Normal rules of challenging evidence will apply. Deputy Ó Snodaigh also mentioned the Human Rights Commission and the Minister received its observations on the Bill. It acknowledges that many of the recommendations it made on the general scheme of the Bill have been taken into account. The Minister welcomes the input of the commission and he will ensure that the recommendations it made are carefully examined to determine whether the Bill would benefit from further amendments.

I was encouraged but not surprised to see a significant degree of support on the other side of the House for the Bill. I know all Deputies want our police force to be in a position to take full advantage of technological developments, be it in the field of forensics or elsewhere, in bringing criminals to justice and preventing crime. The Bill contributes significantly to the achievement of that goal.

The Garda Síochána, like the best police forces internationally, is engaged in a continual process of development and improvement. Its major programme of reform in recent years has included greater use of technology. An unprecedented level of investment in IT and technology projects has put the force on a par in many respects with the best equipped police forces in the world. Some of the projects completed or being rolled out include a state-of-the-art automated fingerprint identification system, which has led to a significant increase in the number of hits detected from prints taken at scenes of crime; a new automated ballistics identification system to aid in the fight against gun-crime; an in-car automated number plate recognition system which will help deprive those intent on criminal behaviour of access to our roads; and rollout of the new national digital radio service which has already been implemented in the Dublin metropolitan and eastern regions and is scheduled to be fully operational in all regions by the end of 2011. As the Minister stated, the establishment of a DNA database will be another significant milestone in our efforts to maximise the use of resources and ensure that the Garda Síochána is equipped to a standard to rival any other police force in the world.

While the Garda Síochána will be the main beneficiary of the intelligence produced by the database, the responsibility for the establishment and maintenance of the database will rest with the forensic science laboratory. The 2007 review of the laboratory's resource needs, commissioned by the Minister's predecessor, and carried out by the former head of the Swedish forensic science laboratory, Professor Ingvar Kopp, will assist the laboratory in planning for the implementation of the Bill. The review found that the laboratory compares well in terms of productivity with similar forensic science laboratories and that effective quality control mechanisms are in place. However, Professor Kopp identified specific aspects of the laboratory's activities and structures which needed to be improved.

The review has been of immense value to the laboratory's modernisation process. It has also contributed greatly to the mapping out of the future development of the State's forensic analysis service, especially in the area of DNA analysis. Most notably, following the report the laboratory's staffing cohort was increased substantially. In 2008, an extensive recruitment campaign led to 12 additional forensic scientists and 14 additional laboratory analysts being recruited. Further administrative staff were also provided, bringing current authorised staff numbers for the laboratory to 102.5. This is an increase of more than 30 posts since 2006, which represents a considerable expansion in the laboratory's capacity.

The implementation of the report's recommendations continues, particularly in the context of planning for the establishment of the DNA database. Although the database cannot be established until such time as the legislation is enacted, preparatory work has already commenced, and this year the Minister has secured €4.1 million to facilitate the development of the database.

Work is also under way to provide as a priority a new purpose-built facility for the forensic science laboratory. Deputies will be aware that it will be located at the Backweston complex in Leixlip. The State laboratory and the Department of Agriculture's laboratories are already located there. The new facility will be capable of facilitating the medium to long-term operational requirements of the forensic science laboratory, including the capacity to maintain and operate the DNA database. The Minister is advised that the Office of Public Works, which is managing the delivery of the project on behalf of the Department of Justice, Equality and Law Reform will be in a position in the coming months to proceed to tender for construction stage with a view to work starting on the site later this year. Taking everything into consideration, the Minister is satisfied that the necessary funding, resources and facilities continue to be provided to the forensic science laboratory, not only to ensure that the laboratory has the capacity to operate the systems being introduced by the Bill, but also to meet future operational forensic analysis demands in general.

The Minister has stressed several times that the purpose of the database is to produce quality intelligence that will be of assistance to the Garda. Its effectiveness in this regard will depend on the population of DNA profiles stored in it. He is satisfied that, with that purpose in mind, the Bill targets the appropriate persons, namely, persons suspected of committing serious offences, offenders convicted of serious offences and all persons subject to the sex offender registration requirements. The Minister is also pleased that the Bill allows unidentified historic crime scene stains to be entered in the database. This may, in time, help to bring long-standing investigations to a successful conclusion and bring some belated comfort to the victims and their families.

In addition to the intelligence capacity of the database, the Bill also provides for the taking of samples from suspects in custody for use in evidence. Bearing in mind the difficulties in some cases, particularly gangland cases, in obtaining evidence from witnesses due to high levels of intimidation, the collection of other types of admissible evidence takes on even greater importance. This was also partly the reason that last year the Minister introduced two other major pieces of legislation in the Criminal Justice (Surveillance) Act and the Criminal Justice (Amendment) Act.

We must remember that samples constitute sensitive personal data. Powers to take and retain samples must, therefore, be carefully circumscribed to safeguard against abuse and disproportionate interference with individual freedoms. The Minister drew attention in his opening remarks to some of the safeguards in the Bill and I emphasise again those provisions. They include safeguards around the taking of samples, with additional safeguards applying to children and other vulnerable persons. For example, samples will be taken by the relevant bodies, whether it be the Garda or the Irish Prison Service in accordance with published codes of practice. Other important safeguards include independent oversight of the management of the database to ensure its integrity and security. Such oversight will ensure that the public can have confidence that it is being operated in accordance with the legislation and in the reliability of the intelligence that it produces. I also emphasise that, apart from the many specific safeguards in the Bill the very fact that the purposes, structure and operation of the database are set out clearly in primary legislation will act as an enduring safeguard against misuse.

A number of Deputies referred to the retention arrangements, particularly those that apply to persons who are not convicted or persons whose convictions are quashed or declared to be a miscarriage of justice. Deputies will have noted that the arrangements in the Bill take account of recent jurisprudence emanating from the European Court of Human Rights. Although that court found a particular retention regime to be in breach of the privacy rights in the convention, it nevertheless indicated that the retention of DNA data relating to such persons pursues the legitimate purpose of the detection and prevention of crime. The judgment also gave some guidance as to what features a proportionate retention regime might include such as an independent review of decisions to retain data, time limits on retention, and different treatment of convicted persons and those who are not convicted, children and adults and samples and profiles. All of these elements have been reflected in the Bill. Deputy Carey referred in particular to the provisions of Part 10. They will be teased out further on Committee Stage.

In providing for a DNA database the Bill breaks new ground in this jurisdiction. The proposals in the Bill will give us a system that is proportionate and balanced and does not interfere with private rights any more than is necessary for the public good. That was the Minister's aim during the drafting of the Bill and he is confident that the end result achieves that balance. I am pleased to commend the Bill to the House.

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