Dáil debates

Wednesday, 9 October 2013

Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013: Second Stage (Resumed)

 

4:20 pm

Photo of Séamus HealySéamus Healy (Tipperary South, Workers and Unemployed Action Group) | Oireachtas source

I am glad to have the opportunity to say a few words on the Bill. The Bill is not before its time - this is the third attempt to bring a Bill like this to fruition. It is important and necessary legislation and will be an invaluable tool in the fight against crime and in establishing the innocence of individuals and the identity of missing persons. It is sensitive legislation. Like all legislation in this area, it may well be prone to abuse and it is incumbent on us as legislators to ensure that strong safeguards are included regarding privacy, civil liberties and self-incrimination. On a first reading, it would appear that is the case. I would hope that during the course of the Bill's progress through the House those matters will be clarified and we will be satisfied to put into place legislation that, on the one hand, strikes a balance between the rights of the individual to privacy, bodily integrity and privilege against self-incrimination and, on the other, the wider interests of society in both the prevention and solving of crime.

A number of issues have been raised about the Bill, some of which need to be looked at and clarified further. DNA profiling is commonly referred to as the gold standard for identification and we hope this turns out to be case and that the legislation is a success. I welcome the statement by the Dublin Rape Crisis Centre: "We believe that not only will the DNA database help apprehend more perpetrators of sexual crimes in particular, but we hope that it will also act as a deterrent for potential perpetrators." Professor David McConnell, Professor of Genetics at Trinity College Dublin also said: "While some may see it as a danger, I believe it will actually add to our civil liberties because it will make it easier to identify culprits and exclude innocent suspects... It also greatly accelerates the administration of justice." I hope that will also turns out to be the case.

The Irish Council for Civil Liberties has raised the issue of international exchange and co-operation, and there are concerns in this area. I ask the Minister to clarify the situation on Committee Stage. The possibility of our DNA database being available, for example, to rogue states is not something that we would want to facilitate. Mass screening also needs to be looked at. I am not sure that the Garda is the appropriate authority to initiate mass screening, although the Law Reform Commission has said that would be appropriate.

I wish to refer more generally to the question of crime prevention. While this Bill will, hopefully, be an invaluable tool and a deterrent in the prevention of crime, we should never forget the real measures that will prevent crime are social ones - job creation, the elimination of poverty and proper education and health services and community facilities.

These are the real areas that need to be tackled to ensure crime is prevented because prevention is obviously better than cure and is also far less costly.

Unfortunately, community policing has taken on a lower profile in recent years. This area needs to be strengthened and resourced properly. I know that on the ground, community policing and community gardaí have lost individuals who have not been replaced. There is not the same involvement with local communities as there has been in the past. The local community garda on the beat dealing daily with young people, youth clubs and community organisations is invaluable. Community gardaí prevent a significant amount of crime taking place and effectively save the State a significant amount of money. Unfortunately, it is quite clear that in recent years, with the lack of recruitment to An Garda Síochána and the loss of posts in this area, it is now being done on a part-time, on-call basis where gardaí have other responsibilities that are seen as a priority. The same effort and connection with local communities and young people and identifying local young people likely to become involved in anti-social behaviour are not being developed. I ask the Minister to look seriously at this area again to ensure it is strengthened and that resources are put into it because prevention is better than cure. It is far less costly than the cure. I hope the Minister will engage directly in the area of community gardaí and policing.

I welcome the Bill and hope it will be an invaluable tool in the fight against crime and in the establishment of the innocence of people and the identity of missing persons. I hope there will be a balance between that and the necessary safeguards for the privacy and civil liberties of individuals.

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