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

I move amendment No. 56:

In page 57, to delete lines 35 to 37, and in page 58, to delete line 1 and substitute the following:

"CHAPTER 7

Oversight Committee and review of operation of Databases

Request that DNA Database System Oversight Committee perform functions under Act

66.(1) Where the functions of a Director specified in an order undersection 7include carrying out an Identification Programme and the relevant Minister has received a notification under section 46(7)that the Programme is continuing, the relevant Minister shall, with the prior consent of the Minister for Justice, and after the Minister for Justice has consulted with the DNA Database System Oversight Committee (in this Act referred to as the “Oversight Committee”), direct the Oversight Committee in writing to oversee the management and operation of the Databases for the purposes of maintaining the integrity and security of the Databases and the Oversight Committee shall, for those purposes, satisfy itself that the provisions of this Act in relation to the Databases are being complied with.

(2) Where the Oversight Committee is, pursuant to a direction under subsection (1), overseeing the management and operation of the Databases it shall meet and be known as the Historic Remains Databases Oversight Committee.

(3) Subject to this Chapter, the Oversight Committee shall be independent in the performance of its functions under this Act.

(4) In performing functions under this Act— (a) the chairperson of the Oversight Committee other than a serving judge, and the ordinary members of the Committee other than the Director of FSI and the person nominated for appointment by the Data Protection Commission, shall be paid such remuneration (if any) as the relevant Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time determine, and

(b) the chairperson and ordinary members of the Oversight Committee shall be paid such allowances for expenses as the relevant Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time determine. Functions of Oversight Committee

67.(1) Where directed to do so under section 66*, the Oversight Committee shall oversee the management and operation of the Databases referred to in the direction for the

purposes of maintaining the integrity and security of the Databases, and shall, for those purposes, satisfy itself that the provisions of this Act in relation to the Databases are being complied with.

(2) Without prejudice to the generality of subsection (1), the Oversight Committee shall oversee— (a) the arrangements employed by the Director of FSI in relation to the receipt, handling, transmission and storage of samples taken under this Act for the purpose of generating DNA profiles for entry in the DNA (Historic Remains) Database,

(b) the procedures employed by the Director of FSI in relation to the generation of DNA profiles from the samples taken under this Act,

(c) the quality control and quality assurance of procedures referred to in paragraph (b)to ensure that the procedures comply with international best practice,

(d) the measures employed by the Director of FSI to ensure that the Databases are not improperly accessed by any person, that the DNA profiles entered in the DNA (Historic Remains) Database and information entered in the Personal Information (Historic Remains) Database are used only for the purposes permitted by this Act and that the profiles and information are not improperly disclosed to any person,

(e) the means by which the results of searches of the DNA (Historic Remains) Database are reported by the Director of FSI to the Director, and

(f) the practices and procedures employed by the Director of FSI to ensure that, in accordance with the requirements of this Act, samples taken under this Act for the purpose of generating DNA profiles are destroyed and the DNA profiles generated from those samples and related information are deleted. (3) The Oversight Committee may, in the performance of its functions under this Act, make such recommendations as it considers appropriate in relation to the management and operation of the Databases to the relevant Minister, the Minister for Justice and the Director.

Meetings and Procedures

68.(1) The Oversight Committee shall, while performing functions under this Act, hold such and so many meetings as may be necessary for the performance of those functions and may make such arrangements for the conduct of its meetings and business (including the establishment of subcommittees and fixing of a quorum for meetings) as it considers appropriate.

(2) The Oversight Committee shall regulate its own procedure by rules or otherwise.

(3) At a meeting of the Committee— (a) the chairperson of the Committee shall, if present, be the chairperson of the meeting, or

(b) if and for so long as the chairperson of the Committee is not present or if that office is vacant, the members of the Committee who are present shall choose one of their number to be chairperson of the meeting. Administrative support and engagement of consultants or advisers

69.(1) The relevant Minister shall, with the consent of the Minister for Public Expenditure and Reform, provide the Oversight Committee with such funds, facilities and services

(including secretarial services) as the relevant Minister, following consultation with the chairperson of the Committee, considers appropriate for the performance by the Committee of its functions under this Act.

(2) The Oversight Committee may, with the approval of the relevant Minister, engage such consultants or advisers with scientific or technical expertise as the Committee considers necessary for the performance of its functions under this Act.

Cooperation with Oversight Committee

70.(1) The Director of FSI and the other members of the staff of FSI shall cooperate with the Oversight Committee in relation to the performance of its functions under this Act and shall, for that purpose, furnish to the Committee such information as the Committee may request and which, in the opinion of the Committee, is required for the performance of its functions.

(2) The Oversight Committee may, whenever it considers it necessary for the performance of its functions under this Act, request a Director to meet with the Committee or to furnish information to the Committee.

(3) A Director shall comply with a request made to him or her under subsection (2).

Review and report by Oversight Committee

71.(1) Subject to subsection (2), the Oversight Committee may, and if so requested by the relevant Minister where he or she has consulted with the Minister for Justice, shall, review any matter relating to the management and operation of the Databases, prepare a report in writing on the review and, as soon as practicable after the report is prepared, furnish a copy of the report to the relevant Minister, the Minister for Justice and the Director.

(2) A report under subsection (1)shall not contain confidential information (within the meaning of section 30(5)).

(3) Subject to subsections (4)and (5), the relevant Minister concerned shall, as soon as practicable after receiving a report under subsection (1), cause a copy of the report— (a) to be laid before each House of the Oireachtas, and

(b) to be published in such manner as the relevant Minister considers appropriate. (4) The relevant Minister concerned may, when laying the report before each House of the Oireachtas and publishing the report under subsection (2), omit any matter from the report where he or she is of opinion that the disclosure of that matter would be prejudicial to the security of the Databases.

(5) If a matter is, in accordance with subsection (4), omitted from a report laid and published under subsection (3), a statement to that effect shall be attached to the report when it is so laid and published.

Final report of Oversight Committee

72.(1) The Oversight Committee shall prepare a final report on the performance of its functions pursuant to a direction under section 66(2)** within 6 months of the conclusion of the Identification Programme to which the direction relates and shall, as soon as practicable after the report is prepared, furnish a copy of the report to the relevant Minister, the Minister for Justice and the Director.

(2) A final report prepared under subsection (1)shall not contain confidential information (within the meaning of section 30(5)).

(3) The relevant Minister concerned shall, as soon as practicable after receiving a report under subsection (1), cause a copy of it to be laid before each House of the Oireachtas and published in such manner as the Minister considers appropriate.".

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