Dáil debates

Thursday, 1 May 2014

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

 

11:05 am

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

I move amendment No. 17:

In page 127, between lines 31 and 32, to insert the following:“Transfer of DNA samples or profiles to other jurisdictions
110. (1) A DNA sample or profile may not be transferred to another jurisdiction for the purposes of it being used against an individual who has already stood trial and been acquitted in this jurisdiction.

(2) The transfer of DNA samples or profiles to other jurisdictions must be limited to jurisdictions with which the Irish State has extradition treaties in place.

(3) Once a DNA sample or profile has been transferred to another jurisdiction there must be a guarantee in place that the sample must be destroyed no later than 6 months after it has first been received.”.
The Minister will be aware that several human rights non-governmental organisations had concerns about the transfer of DNA samples or profiles to other jurisdictions. This amendment is to ensure the jurisdictions to which data or profiles might be transferred would be compatible with our standards and that there would be extradition agreements in place with them. There is a logic in protecting the civil rights of citizens in the State. This is important legislation in assisting the authorities to have the full armoury available to them to investigate crimes. There is also a need, however, to get the balance right in protecting the civil rights of citizens. That is the intention of the amendment which we hope the Minister will accept.

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