Thomas Pringle (Donegal South West, Independent) | Oireachtas source

I welcome the opportunity to contribute to this debate. In general, everybody would welcome the introduction of this legislation and the establishment of a DNA database, which will assist in detecting and solving serious crimes. The legislation has major benefits for solving crimes by identifying perpetrators. That is vitally important when one sees serious crimes, particularly of a sexual nature, where DNA evidence could be critical in identifying those responsible.

The legislation will have a deterrent effect on those at risk of committing crimes as they will be aware of the database's existence and the potential for samples to be taken from suspects and used in detecting crime. The consequent likelihood of detection will have a certain deterrent effect. A DNA database could also be important in proving the innocence of those who are wrongly convicted. In other jurisdictions, there have been high-profile cases where the existence of a DNA database has allowed for the testing of suspects, thus identifying the perpetrators of various crimes. In such cases, innocent people who were wrongly convicted have been exonerated. That would be a welcome outcome of the database here.

The European Court of Human Rights has identified problems with the operation of DNA databases in other jurisdictions, however, so we need to take those matters into account. Those problems cannot be understated and we should be aware of them. The Minister has taken on board some of the concerns of civil rights groups as regards the potential misuse of a DNA database. If DNA profiling is made available to other states for the detection of crimes in other jurisdictions, how will such profiles be treated in other countries and how can such data be protected? We should at least demand that the same data protection provisions will apply as in this State so that DNA profiles cannot be wrongly used.

The legislation provides for a mass screening to be initiated but I can foresee problems arising as a result. In order to initiate a mass screening, gardaí should be obliged to obtain court approval. That would be important in terms of oversight. If such a mass screening is envisaged, gardaí should present their reasons when applying for a court order to authorise that action. That would give a measure of protection under the Bill.

If a person who is asked to participate in a mass screening refuses to provide a DNA sample, how will that affect the presumption of innocence? We should consider whether protections need to be put in place for such an eventuality. In addition, those who are asked to participate in a mass screening should be afforded the opportunity to take legal advice. They should be given enough time to seek such advice so that they can act in the full knowledge of what are their rights.

The legislation provides that in mass screenings profiles will not be added to the database but, with the best will in the world, they could be added inadvertently. Those kind of problems can arise, so people need to be aware of them. Safeguards should be put in place to ensure that does not happen.

Problems have arisen in other jurisdictions with what is termed "function creep" whereby databases can be used for other reasons, including the involvement of family members or relatives of the person who supplied the original DNA sample. It cannot be presumed, nor should it, that the family or relatives of someone convicted of a crime, and who is on the database, would necessarily follow the criminal path. In operating the legislation, we must take into account the issue of data protection for innocent people.

The Bill will establish an oversight committee to review the operation of the database. The committee will be required to report to the Dáil annually on the operation of the legislation. In the past, we have seen the problems encountered by the Garda Ombudsman in obtaining information and getting a response from the Garda Síochána. Such difficulties could potentially affect the oversight committee also. We must ensure that the Bill, when enacted, is operated properly so that information is gathered and used as intended. We should closely monitor the right to apply for an extension for the retention of profiles, over the six-year period, for people who have not been convicted of offences.

The legislation is welcome and will play an important role in detecting crime and protecting citizens. In addition, the existence of a database will act as a deterrent to crime. Nonetheless, we will have to monitor closely the operation of the legislation following its enactment to ensure that it does what is intended. The potential for misuse must be minimised within the legislation so we can have full confidence in the operation of a database and the system generally.

It should be under continual review by the Minister. I acknowledge provision is made for a review by the oversight committee within six years of it coming into operation. It is important it is closely monitored following enactment of this legislation.

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