Dáil debates

Wednesday, 9 October 2013

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

 

5:10 pm

Photo of Eamonn MaloneyEamonn Maloney (Dublin South West, Labour) | Oireachtas source

I commend the Minister, Deputy Shatter, on the introduction of this Bill, which I support. The Minister, Deputy Shatter, referred to legislation of this nature in either his first or second speech following the election of this Government to office in March 2011. As stated by previous speakers, it is complex legislation which seeks to address the need for a DNA system and the issue of civil liberties and so on.

It could be argued that the introduction now of this legislation dealing with DNA is a bit late in the day. Nevertheless, we are, as the saying goes, where we are. The Americans established a DNA database in the 1990s. People have differing views on the issue of DNA. The following sums up the views of many people in regard to the introduction of this Bill. In 1996, a young woman aged 21 years, named Juli Busken, was abducted from a parking lot in America, raped, murdered and dumped in a lake. Seven years later, thanks to DNA, a man was arrested and subsequently found guilty of her murder. Following the trial, her father said that for him there are only two types of people who do not want to have their DNA taken, namely, the person who has done something wrong and the person who intends to do something that is wrong, which sums how most lay people feel about DNA. Many of us would share the common sense view that a DNA database should be available to police in all jurisdictions to assist them in the apprehension of people involved in serious crime. As legislators, we must ensure those who enforce the law in Ireland are facilitated in every way. This is being done through the introduction of this legislation.

As I said earlier, a DNA database was established in the USA in the 1990s. The UK DNA database was developed a little later. Based on evidence of the UK system, there are substantial benefits in having a DNA database in place, in terms particularly of the investigation of serious crimes. Such databases have proven very successful in relation to unsolved cases and missing persons. It is hoped that this legislation when enacted will prove good for society but not for criminals. I read the rape crisis network report this morning, which did not make for pleasant reading. While much of the focus around DNA is on its use in murder cases, it is equally important in solving cases of a sexual nature, including rape and so on.

There is an obligation on us to introduce this type of legislation which will not only assist in solving crimes of a sexual nature but will, it is hoped, as in other jurisdictions, act as a deterrent to those who believe they can commit crimes and get away with them. This is one of the sharpest instruments of law in terms of the prevention of crimes such as rape and murder. I again commend the Minister and his Department on the introduction of this Bill.

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