Fergus O'Dowd (Louth, Fine Gael) | Oireachtas source

I thank the Deputy for raising this important matter which I am taking on behalf of the Minister for Justice and Equality who regrets that he is unable to be present. He is aware of the concerns expressed by the Deputy relating to the finding of human remains off the coast of counties Wexford and Waterford. It is natural that these developments cause renewed sadness and heightened expectations for the families of those who were lost in the sinking of the boats referred to by the Deputy, including the Maggie B in 2006 and the Pere Charles and the Honeydew II in 2007. We all sympathise with the desire to have some closure and resolution for those who have been sadly bereaved through the loss of loved ones at sea.

In cases of missing persons, whether at sea or on land, An Garda Síochána do all in its power to assist families and friends of those who have been lost. Where remains are recovered, either on land or at sea, the question arises of the feasibility of carrying out appropriate tests to help to determine if the remains can be identified. The Minister has been informed by the Garda authorities that inquiries to establish the identity of the human remains found have not yielded positive results to date and consideration is now being afforded by the Garda authorities to having a nuclear and mitochondrial DNA analysis conducted on the remains.

The advances provided by DNA testing are of considerable value to An Garda Síochána not only in criminal investigations but also in the identification of missing persons. Certain tests are carried out by the Forensic Science Laboratory in Ireland; other less frequently required specialised testing may be carried out abroad. While the DNA testing available here and abroad is often very effective, the advice to the Minister is that it is not always technically viable. The Garda authorities have advised the Minister that an expert assessment is being carried out of the merits of performing the tests mentioned by the Deputy. This is not simply a budgetary matter as has been suggested. The advice to the Minister is that further testing may not be successful since the extraction of DNA profiles from bones that have been in the water for a long period is rather difficult because the sea has been found to cause substantial degrading of DNA material.

It is beyond the scope of the debate to make detailed scientific judgments. Therefore, the Minister believes this assessment should be allowed to proceed and its outcome taken on board by the Garda. He acknowledges the concerns of the Deputy and others to ensure all that can be reasonably done to help the families is actually done. He shares that concern, but he is also mindful of the need not to do anything which might give rise to undue expectations about the possibilities that the available tests might provide. Accordingly, he considers that the best course of action is to await the outcome of the assessment before making more conclusive comments on the matter.

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