Finian McGrath (Dublin North Central, Independent) | Oireachtas source

I welcome the opportunity to speak to this Bill. This is an important debate and we all need to seriously examine the proposals in the legislation. We also need to be radical and to examine new methods of fighting crime in our society, but at all times we must have a system that is fair, transparent and accountable to the citizens of this State. Our criminal justice system must have the confidence and respect of all our people because many have felt let down by the system in the past. That is the reason we need urgent change, reform and modernisation to tackle crime and look after victims. Their voices must be heard and forensic samples are very much part of that process. I urge the Minister and the Government to listen more to our people, particularly those hurt or damaged by crime, especially serious crime. There is always a good deal of talk inside and outside this House about crime and its effects and consequences, but we also need to talk more about the causes and prevention of crime and learn from the serious mistakes of the past. Those considerations are relevant to this debate. However, talk is not enough, we need action, professionalism and accountability. We all need a justice system that works in the Ireland of 2013, and this where we begin.

We have seen the horrific murders, gangland killings, rapes and assaults, and at times it is easy to throw our hands up and say: "What can we all do?" That is not good enough. This Bill presents an opportunity to deal comprehensively with the issue. I hope it will deter and prevent crime and above all save lives in the future.

There are 163 pages in the Bill and surely they will have a positive impact on this society that is crying out for help, and I emphasise "crying". People are at their wits end and it is up to us as legislators to act and reach our to our communities. Overall, that is the reason, despite some minor concerns, I welcome the publication of this legislation and I will be supporting it.

The legislation provides for the establishment and operation of a DNA database to assist the Garda in the investigation of crime and finding and identifying missing or unknown persons. It updates the legal framework generally for the taking of forensic samples. This is part of the modernisation of our justice system and of policing in this country. That is a crucial part of this debate. In addition, the Bill will also allow the State to meet its obligations under the EU Prüm Council decision and related EU and international instruments which provide a framework for the automated comparison for criminal investigation purposes of the DNA and fingerprint databases operated by member states. That is an important part of the debate because we must get serious about dealing with crime in our modern society.

Regarding the DNA database, the Bill provides for the taking of samples such as mouth swabs from the following for the purpose of generating a DNA profile in regard to the person for entry in the DNA database: most suspects, other than children under 14 years of age and vulnerable persons, detailed by the gardaí in connection with serious offences - generally offences subject to a sentence of five years or more; offenders entered on the sex offenders register on, or after, commencement of the legislation; offenders subject to a sentence of imprisonment in regard to serious offences on, or after, commencement, whether they are in prison, on temporary release or otherwise; and some former offenders who are no longer subject to sentence. That is what the DNA database is all about.

I will zoom in on the section that deals with vulnerable persons. While vulnerable suspects, persons who do not have the capacity by reason of a mental or physical disability to understand the general nature or effect of the taking of a sample or who cannot indicate their consent to the taking of a sample, and suspects under 14 years of age may not be sampled for the database, they may, however, be sampled where this is necessary to prove or disprove their involvement in a particular offence, that is, for evidential purposes. There is an age threshold of 12 in regard to child suspects for the taking of evidential samples. I welcome this section because it is important to zoom in on the protection of people with an intellectual disability and other vulnerable people in our society. We have seen in recent months, in this city and elsewhere in the country, the attacks on people with an intellectual disability. This is crime that is often forgotten about.

Another issue, one from the past, is the sexual abuse of children with an intellectual disability, which has not been dealt with in this State. We have dealt with many cases of child sexual abuse, but there are many hidden cases because of the intellectual capacity of young adults with an intellectual disability whose voices have not been heard. It is important when we come to deal with this section that we ensure the protection of vulnerable persons with a physical or intellectual disability or other persons who do not have the capacity to deal with these complicated issues and that we deal with this in a professional and objective manner. This is an important section of the legislation and I welcome this provision.

Our justice system needs reform. We have had a debate on reform of the Seanad and the Dáil for the past few weeks but the justice system is in need of urgent reform. I will accept this legislation. If a Deputy, whether a member of a Government party or an Opposition party, puts forward a proposal, I, as an Independent Deputy, will support it if it deals specifically with a common-sense issue and provides for the modernisation of our judicial and justice systems. We must also be vigilant because of our history and cases such as the Fr. Niall Molloy case or the James Sheehan case and the great work done by Gemma O'Doherty in regard to some of these cases. We must also be cautious and concerned about abuses that have taken place. I urge the Minister to be open to taking account of these issues and to the experience in other jurisdictions where major blunders have been made in regard to databases. We must be cautious, as my colleague Deputy Halligan said, of the experience in the US, particularly in regard to low level crimes. This legislation is a strong tool to deal with serious crimes such as sexual assault, sexual abuse or violent crimes.

Other concerns have been raised, including the issue of samples being transmitted to other states. We must be cautious about that. I am not saying that we should not co-operate but we must ensure, if we are giving information, that it is not given to rogue states or to people who would use it for another agenda. That is an important point.

There are people in our society who have been let down. I dealt with a case recently concerning Patrick J. Corrigan from Drumderglin, Carrigallen, County Leitrim, regarding an issue of allegations of white collar crime in respect of this old man in County Leitrim. I urge the Minister and the Garda authorities to ensure this complaint is investigated and I have already raised this case with the Minister for Justice and Equality.

The database will have two divisions, an investigation division and an identification division, reflecting their functions. The investigation division will comprise a crime scene index, including profiles lifted from scenes prior to the enactment of the legislation, a reference index and elimination indexes.

The reference index will contain profiles developed from samples taken from suspects, offenders and any person who volunteers to have his or her profile entered on the index. The elimination indexes will contain the profiles of persons whose work brings them into contact with crime scenes or items taken therefrom. Examples in this regard include members of the Garda Síochána and staff of the Forensic Science Laboratory and I take this opportunity to commend both on the job they do. The legislation will provide the professionals to whom I refer with another tool to assist them in their work. The Bill also includes extensive safeguards in respect of the taking of samples, particularly from children and other vulnerable persons, and in the context of the operation of the DNA database in order to ensure the integrity of the system.

The Bill will repeal the Criminal Justice (Forensic Evidence) Act 1990 and it will also end the common law regime relating to the taking of samples from suspects for evidential purposes which has operated in parallel to the 1990 Act in an unregulated manner. The Bill will replace these parallel regimes with an updated statute-only regime. This is a very positive aspect of the legislation.

The Bill also deals with the destruction of samples and it is important that we engage in a close examination of this aspect. The Bill provides for the destruction of samples taken from suspects, prisoners etc. for the purpose of generating DNA profiles for the DNA database, as soon as the profile has been generated or in any case within six months. The destruction of these samples will have no effect on the usefulness of the database because it is only the profile that is required for the database. In the context of a presumption in favour of removal from the database of the DNA profiles of suspects who are not convicted and subject to the Garda Commissioner having the power to authorise retention on the database where he is satisfied that this is necessary, a statutory test will be established whereby the Commissioner will make his decision. His decision will be open to appeal. The retention periods allowed will be six years in the case of adults and three years in the case of children. Given that senior gardaí are often obliged to act in the national interest and in the interests of the justice system, the relevant section of the Bill is, therefore, extremely important. I welcome the fact the Commissioner's decision will be open to appeal if serious issues of concern arise.

Revised arrangements for the retention of samples taken for evidential purposes include a presumption in favour of destruction of the samples relating to suspects who are not convicted subject to the Garda Commissioner having the power to authorise retention for 12 months, which will be renewable, where he is satisfied this is necessary. A statutory test will be set out and it will be by means of this that the Garda Commissioner will make his decision. Again, that decision will be open to appeal. The Commissioner will also have the option of applying to the District Court to retain profiles on the database beyond the periods to which I refer in circumstances where he has good reason to do so. This is an important aspect of the Bill and I welcome it. The DNA profiles of persons convicted of serious offences will be held on the database indefinitely. The emphasis in this regard must be on serious offences rather than low-level crimes.

I like the idea of the oversight committee. In order to ensure the integrity of the DNA database and the information it will generate, the Bill provides for its management and operation to be overseen by an independent committee which will be chaired by a judge or former judge of the High Court or the Circuit Court. The membership of the committee will include a person nominated by of the Data Protection Commissioner, which is vital.

The Bill also provides for the Forensic Science Laboratory of the Department of Justice and Equality to host and manage the database. This is a massive responsibility. Pending the enactment of the legislation, the laboratory has undertaken a substantial amount of preparatory work including putting in place the software on which the database will sit. Apart from the preparatory work relating to the physical establishment of the database, other work will also be required in respect of the commencement of the legislation. I refer here to the preparation of regulations and codes of practice relating to the taking of samples by members of the Garda Síochána, prisoner officers, the Garda Síochána Ombudsman Commission etc. It is envisaged that this work will proceed in tandem with the enactment of the legislation in order to ensure there will be no undue delay in the database becoming operational. The groundwork relating to the establishment of the DNA database has already been done. I welcome this because it is important to be prepared and professional when it comes to fighting crime.

I welcome the broad thrust of the legislation. However, I ask the Minister to consider the concerns which I and a number of my colleagues have raised. What is being done here represents a positive step forward and, as a result, I will be supporting the Bill.

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