Niall Collins (Limerick, Fianna Fail) | Oireachtas source

Last week in Athlone we witnessed a grievous and shocking crime that sent a chill down the spine of all parents. It was a reminder of the type of criminal act that horrifies us all and demands swift and decisive justice. The State exists to protect its citizens. On the front line of the struggle against senseless criminality is An Garda Síochána. Earlier this year, we saw the price that its members pay to hold the line with the tragic and barbaric murder of Detective Garda Adrian Donohoe. It is the duty of us as legislators to ensure that they are fully resourced and equipped to confront the scourge of criminality in whatever shape it takes. We are tasked with establishing the framework under which the force operates to protect ordinary citizens. The Bill is an important part of creating that strong framework and Fianna Fáil will support the legislation.

An effective DNA database forms a critical facet of the modern toolkit for police forces in tackling serious crime head-on. The legislation builds on the earlier Bill laid out by the former Minister, Dermot Ahern, in 2010. Those proposals drew from the work of the Law Reform Commission and input from various stakeholders, notably the Irish Human Rights Commission, which had specific concerns about the database. The Minister has correctly borne in mind that Bill and moved to advance this important addition to the investigative powers of An Garda Síochána. The effective use of a DNA database also strengthens the justice system from the other side. The proper use of DNA evidence will help to identify culprits but will assist in confirming the innocence of suspects as well. DNA evidence will help to exonerate those accused or convicted in the wrong.

There are several issues which the Minister should seek to address in the legislation. First and foremost is the issue of resources. Second, the remit of the Bill and the potential role for the military police. Third, the human rights safeguards in the Bill, in particular in respect of international information exchange. Overall, however, Fianna Fáil welcomes the Bill as a measure to arm the Garda with a framework to use DNA that will help the fight against serious crime.

Laws mean little if there are not sufficient resources to back them up. Fundamentally, laws are barely worth the paper they are written on if we do not have the Garda adequately resourced to back them up. A rump demoralised force will not uphold the law of the land regardless of what databases are available to it. The Minister should keep this to the forefront in the upcoming budget for the Garda. The Minister has stated he has adequately prepared the forensic science laboratory for the creation of the DNA database. He has indicated that the laboratory has been allocated substantial resources and information technology capability to deal adequately with the new database. It is vital that the laboratory is provided with ongoing support and assistance as the level and scope of the work develops and expands with the new database.

The regulatory impact analysis carried out on the 2010 Bill estimated that the capital costs would be €3 million to establish the DNA database system plus €1.5 million in consumables in the first year, with similar costs annually and with staffing needs dependent on demand for testing of DNA samples. The Minister must match this level of funding commitment and associated training costs if the laboratory is to be effective. I trust the Minister's belated conversion to the 13,000 number warning by Garda Commissioner Callinan indicates a new commitment to providing real resources. The regulatory impact assessment estimated a 29-staff increase would be necessary to deal with the expanded workload of the laboratory. Has the Minister achieved this? Are the extra staff in place? Has a panel been formed for future hiring as demand may require? It is vital that qualified personnel are in place to oversee the implementation and future development of the database.

We will be trusting these personnel with highly sensitive information and therefore we must have adequate safeguards in place to protect the integrity of the database. In addition to the national demands laid on the laboratory, the impact of international co-operation places a further administrative burden to be dealt with. The new avenues of international engagement will also pose a logistical challenge to the laboratory and Garda resources which must be fully provided for. It is important that protocols are adhered to during data transfer to ensure information is not exposed in transit. We have no wish to allow for the prospect of DNA information being found on stolen laptops as occurred with sensitive social welfare information previously in 2008. The DNA database oversight committee must have the capacity to continually review the system to identify weaknesses and put forward suggestions on resource deficiencies. The role of the oversight committee will be central in continually updating and improving the system.

As it stands the Bill does not encompass investigations by the military police. The Army is currently involved in nine overseas missions throughout the globe in volatile regions. Only last month our troops deployed on the cusp of the raging Syrian civil war in the increasingly unstable Middle East. Some 560 Irish troops are currently serving in various conflict-ridden parts of the globe. The jurisdiction of An Garda Síochána does not apply in these fields of operation or in Army bases abroad. The Minister should consider amending the Bill to cover the remit of the military police in areas where An Garda Síochána does not have jurisdiction. While serious crime is, thankfully, rare and unlikely in our foreign bases we cannot exclude the possibility of it. The military police should have access to the same toolkit of modern policing methods that the Garda can use to tackle crime. I trust the Minister will consider the proposal under this legislation or future measures.

The creation of a database touches upon several delicate human rights issues. In the seminal Ryan v. Attorney General judgment in 1965 the Supreme Court found that the right to bodily integrity was among the unenumerated rights in the Constitution. The right to privacy is an internationally recognised human right and another unenumerated personal right in our Constitution.

The Bill, therefore, must tread carefully to respect and uphold the highest standards of human rights which we have set ourselves. Members must also be cognisant of their responsibilities to the standards set by EU directives in this matter. In broad terms, the Minister has struck a fair balance between the demands of constitutional necessity and of the need to confront criminality. The time limits on keeping information and restrictions on extracting information from volunteers are adequate safeguards. The Irish Council for Civil Liberties, ICCL, has raised specific concerns with regard to the international exchange of DNA information. It is imperative that public trust in the new system and the human rights standards Ireland has set for itself be maintained and to achieve that level of trust, one must ensure that other states with which Ireland exchanges information are held up to the same standards we set for ourselves. Consequently, one cannot allow such highly sensitive information to be exposed to reduced standards that undermine the efforts taken in Ireland to protect the data involved.

The oversight committee should be entrusted with reviewing international protocols and standards with regard to the states with which Ireland exchanges information. The same standard of safeguards and reassurance should be instilled across all Ireland's interactions with other states. The committee's international remit will aim to secure the best global standards in data protection and effective use of the DNA database. Any loss of confidence in the system will undermine its use as an investigative tool, thereby robbing the Garda of an invaluable aid in the struggle against serious criminality. Ultimately, the oversight committee may be obliged to make strong recommendations against the transfer of information to states with dubious levels of protections. While this may be controversial in some circumstances, it will act as a barrier against the misuse of the system. In another context, all Members recently saw the controversy in the United States involving the PRISM system used by its National Security Agency. Employees grossly misused a sophisticated spying system for their own personal ends and it is a reminder of the need to set up strong safeguards of any security apparatus, as the innocent may be victims of grave misuse. The oversight committee carries the weight of this expectation.

In conclusion, this Bill is an important step in the battle against serious crime. It is necessary to create a framework for the Garda that empowers it to take the fight to criminals with cutting-edge technology. A DNA database puts Ireland in step with its international counterparts and allows for the exchange of information across borders. The global nature of serious crime and ease of transportation renders this ever more important. The victims of serious crime deserve justice. It is the fundamental and most basic duty of the State to protect its citizens and this Bill forms part of that duty.

I trust that the Minister will reflect upon some of the concerns I have raised with the scope of the Bill. In the context of acute budgetary constraints, it is important that the database is not starved of funds to the point that it is rendered useless. The military police also should be covered by the remit of the legislation in order that our fighting men and women abroad are protected. Whenever a new database is established, one must bear in mind the fragility of human rights balanced against a powerful state. I believe this Bill strikes a good balance.

I note the same fly that was following the Minister while he was speaking is now following me.

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