Dáil debates
Wednesday, 9 October 2013
Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013: Second Stage (Resumed)
4:10 pm
Simon Harris (Wicklow, Fine Gael) | Oireachtas source
I welcome the opportunity to add my voice in support of the introduction of the Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013.
The Bill is yet another piece in the agenda to reform our justice system that the Minister for Justice and Equality, Deputy Shatter is pursuing and, with that reform agenda in mind, I take the opportunity to congratulate the Minister on his successful steering of the Court of Appeal referendum. It marks a significant leap forward in the use of modern science and how forensic information can be used with confidence as a tool in crime prevention, criminal investigation and, crucially, the identification of individuals and in assisting missing persons investigations.
Like Deputy Murphy, I accept that people may have legitimate civil liberty concerns. However, to sit in this Chamber and hear Members make comparisons with or link the Bill to WikiLeaks and Edward Snowden and the likes is a step too far. At a time when criminals are using technology and science to their advantage, for the criminal justice system and the Garda Síochána not to use it to the advantage of the common good would seem absurd.
I appreciate people's legitimate questions, so I am pleased that the Minister has effectively addressed many of those concerns in the Bill. The measures on the destruction of samples and the removal of profiles from the DNA database in particular should alleviate many such concerns. The creation of the oversight committee with responsibility for ensuring the integrity of the database and its information, and the fact that the committee would be chaired by a member of the Judiciary and, indeed, be linked to the Data Protection Commissioner, is welcome. That gets the balance correct between the civil liberties concerns and the absolute importance of using every possible tool that we can to protect the people, and to bring those who commit crimes to justice, to support the families of missing persons and in trying to bring successful conclusions to those investigations.
The Bill updates the legal framework on which forensic samples are taken and lays out a clear platform of action in which individuals would be subject to the provision of forensic material, and specifically those who are suspected of crimes with a sentence in excess of five years and offenders on the sex offenders register. We are concerned here with serious crimes.
I am also pleased to see that provisions are included to ensure that vulnerable and young people would not be automatically subjected to the register. I welcome that protection measure - it fully reflects the decisions made by the people on child protection, as evidenced by previous referenda and legislation. The extensive safeguards contained in the Bill should reassure those who have legitimate concerns about data integrity or privacy, while rubbishing those who intend to engage in hyperbole and other such statements. The Bill, which is designed to significantly improve the use of forensic information, is clearly needed. As Deputy Connaughton alluded to, it is a Bill we have been looking for and in need of for more than a decade.
The Bill is also welcome because of the positive impact it will have in assisting in the investigations of missing persons. The fact there is a planned division between both the investigation and the identification divisions of the database will provide assurance that identification of missing persons and their safe return is considered seriously. It will greatly support the Garda and give assurances to the families of missing persons that we are doing everything that we possibly can in the legislation to use all tools available to bring their missing persons home or, at the least, to bring a conclusion to any sad tragedy that visits those families.
We have waited an extended period - more than a decade - for this comprehensive and effective Bill that would provide a DNA database while providing private citizens with protection on data and sensitive information. The Bill will make a substantial and beneficial change to the efforts to identify criminals, to bring people to justice, to tackle serious crime and to help find missing persons. I commend the Minister and his officials, whom I know have been working on the legislation for a long time. I commend the Bill to the House.
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