Paul Kehoe (Wexford, Fine Gael) | Oireachtas source

I concluded the last day by saying that an item of evidence obtained under Part 6 of this Bill in connection with an offence or alleged offence against military law may be used in any court martial proceedings concerning the alleged offence. It is important to note that Part 6 also has detailed provisions for the destruction, after specified time periods, of evidence obtained under section 34. This will occur when proceedings concerning an offence against military law have not been instituted within a 12-month period of the taking of the item of forensic evidence, or in cases where proceedings have been instituted but the person in question have been acquitted, charges have been dismissed or the proceedings have been discontinued. In addition, the item of forensic evidence will be destroyed where the person's conviction is quashed or the conviction is declared to be a miscarriage of justice under section 2 of the Criminal Procedure Act 1993. Part 6 also includes some necessary provisions concerning the analysis of fingerprints taken from persons in service custody.

Part 7 deals with the destruction, after specified time periods, of samples taken tor the purposes of the DNA database system and the removal from that database system of DNA profiles generated from such samples. This Part sets out the circumstances in which samples and profiles may be destroyed or removed from the DNA database. It also provides for the extension, in certain circumstances and for specified time periods, of the retention period of such samples and associated DNA profiles. This will occur where the provost marshal determines that it is necessary to retain any such evidence to assist in an investigation. However, as a safeguard, the Bill provides that an affected person may submit an appeal to a summary court martial against any such decision taken by the provost marshal. Again, the procedures for the retention and destruction of forensic evidence under this part are similar to those contained in the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 and also in Part 6 of this Bill.

Part 8 sets out the offences and arising under this Bill and the penalties that may be imposed for such offences. Part 9 provides that the Minister for Defence shall, not later than six years after commencement of this Bill, review the operation of certain aspects of Parts 6 and 7 of the Bill and thereafter conduct similar reviews at such times as the Minister considers appropriate. Following any review under this Part, the Minister may, by ministerial order, reduce the periods set out in Parts 6 and 7 for the retention of evidence obtained under these Parts. A similar review provision is included in the 2014 Act. Before making any order under this Part of the Bill, the Minister for Defence shall have regard to any order made by the Minister for Justice and Equality under the equivalent section of the 2014 Act. This is to ensure that there is consistency between the provisions of this Bill and the 2014 Act.

Part 10 includes miscellaneous provisions such as the delegation by the provost marshal of the functions assigned to him or her under this Bill to members of the military police, the making of regulations by the Minister regarding the taking of samples and procedures for the transmission of samples for forensic testing. These provisions are technical but are important to ensure the effective operation of the legislation.

Part 11 sets out some minor amendments to the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 which are required on foot of this Bill. The amendments have two principal purposes. First, the functions of the DNA database system oversight committee established under Part 9 of the 2014 Act will be extended to cover the DNA military police database system. Second, amendments are being made to Part 12 of the 2014 Act which implement, among other matters, the DNA and fingerprint data aspects of EU Council Decision 008/615/JHA

in Irish law. As Deputies will be aware, the Prüm Council Decision contains provisions concerned with the stepping up of cross-border co-operation, particularly in combating terrorism, cross-border crime and illegal migration. These amendments to the 2014 Act are necessary to apply the provisions contained in that Act regarding the reciprocal searching of DNA databases and automated fingerprint identification systems maintained by states for criminal investigation purposes to any DNA or fingerprint data obtained by military police in the course of their investigations.

Part 12 includes some miscellaneous technical amendments to the Defence Act 1954 and the Courts-Martial Appeals Act 1983 which arise from this Bill. The primary purpose of these amendments is to provide that a summary court martial may deal with applications concerning various matters arising under this Bill.

I am very pleased to submit this legislation for the consideration of the House. I commend the Bill to the House.

See this speech in context