Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I move amendment No. 3:

In page 9, line 14, to delete “niece or nephew” and substitute “niece or nephew (whether of the whole blood or the half-blood), grandniece or grandnephew”.

Deputies will be aware that I significantly expanded the list of family members who can participate in a DNA identification programme from the list set out in the original general scheme. The published Bill took account of the pre-legislative scrutiny, PLS, recommendations and provided for participation by a child, parent, sibling, half-sibling, grandparent, grandchild, aunt, uncle, niece or nephew of a person who is buried in the intervention site. I indicated on Committee Stage, in response to an amendment proposed by Deputy Canney, which we were not able to discuss on the day, that I would look at what he and Deputy Tóibín had brought forward. On foot of that, I have tabled amendment No. 3, to consider expanding the range of relatives who can participate in a DNA identification programme to include grandnieces or grandnephews. Amendments Nos. 3, 47 and 54, which is the set of amendments I am speaking to, provide for the expansion of eligible family members, to include half-nieces, half-nephews, grandnieces and grandnephews.

We engaged with Forensic Science Ireland. All our decisions about what family members can participate in the DNA programme are based on the scientific ability to get usable samples of DNA. As people become more distant relations, the amount of usable DNA will decrease. It is solely on that basis that we have made calls. It splits each time, from 50% to 25% then to 12.5%. We engaged with Forensic Science Ireland and it stated there is a scientific justification for the inclusion of half-nieces and half-nephews as well as grandnieces and grandnephews. The technology that Forensic Science Ireland will invest in to detect second order relatives is also capable of identifying this group of relatives, so I believe it is prudent to expand the list of family members in line with the scientific advice. I hope we will be seen to have been taking on board the points made by Deputies. I think Deputy Canney's original amendment included cousins too. That is a different situation because one is going down a different line of the family, so the amount of DNA is lower than with direct family. We were told by Forensic Science Ireland that the amount in cousins would probably be too small to undertake a successful DNA analysis. On foot of Deputy Canney's amendment, we are expanding it to include half-nieces, half-nephews, grandnieces and grandnephews.

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