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

I move amendment No. 4:

In page 10, between lines 26 and 27, to insert the following: “ “Oversight Committee” means the DNA Database System Oversight Committee;”.

On Committee Stage I signalled my intention to bring forward new provisions on Report Stage to provide a legislative basis for an oversight committee to perform an assurance role in respect of historic databases established under the Bill. Given the sensitive data to be processed and the risks associated with any potential breach, it is prudent to provide for a specific oversight structure with reference to the DNA analysis that will be carried out under this Act. I believe the provisions will strengthen the legislation and its operation.

Amendments Nos. 4, 55, 56, 63 and 64 provide for an oversight committee to perform this assurance role. The DNA database system oversight committee was established under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014. The amendments provide that where the function of a director includes carrying out the identification programme and where that programme is continuing, the relevant Minister will, with the prior consent of the Minister for Justice, direct the oversight committee to oversee the management and operation of the databases established under the Act for the purposes of maintaining the integrity and security of the database. To simplify, there is an existing structure put in place for the monitoring of DNA databases recognising the acutely sensitive nature of that information. We are looking to ensure the databases for DNA that will be constructed in seeking to link relatives to children or remains found in these sites will be overseen in the context of the existing structures that are working and operating well. We have had significant engagement with the chairperson of the existing DNA database oversight committee.

Where the committee is performing its function, it will meet as the historic remains databases oversight committee. The amendments recognise that this is a distinct and temporary function which is best managed in a distinct and stand-alone way by the committee. They set out the functions of the committee in this regard as well as the arrangements for remuneration, expenses and secretarial support. The committee can review any matter related to the operation of the DNA databases and prepare a report on the review which will be laid before the Houses of the Oireachtas and published. The committee will prepare a final report within six months of the conclusion of the identification programme and provide a copy to the relevant Minister, the Minister for Justice and the director. The relevant Minister must then lay the report before the Oireachtas and publish it.

Amendments Nos. 37 and 39 are consequential amendments regarding the disclosure of confidential information. They specify that members of the oversight committee as well as contractors, consultants or advisers the committee has engaged cannot disclose confidential information at any time unless required or permitted by law or duly authorised in writing to do so by the oversight committee. Amendments Nos. 33 and 36 clarify that confidential information obtained by a specified person or members of staff of Forensic Science Ireland, FSI, shall not be disclosed at any time and not just while performing functions under the Act, unless such disclosures are required or permitted by law or authorised in writing by a director or the director for FSI. These technical amendments reflect the wording used in amendment No. 37 in respect of disclosure of confidential information by members of the oversight committee.

Amendment No. 73 is a further consequential amendment that provides for the oversight committee's functions to be performed by a suitably qualified person in situations where regulations are made to allow for further forensic testing in circumstances where there are developments in forensic testing after an identification programme is completed and the office of a director is dissolved.

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