Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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29. To ask the Tánaiste and Minister for Justice and Equality the assistance being given to Forensic Science Ireland to enable it to overcome a large backlog in the testing of illegal drug seizures; and if he will make a statement on the matter. [32891/17]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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What assistance is being given to Forensic Science Ireland to facilitate it in overcoming the large backlog of cases it has when it comes to testing illegal drugs that have been seized by An Garda Síochána?

Charles Flanagan (Laois, Fine Gael)
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Forensic Science Ireland, FSI, provides the Garda Síochána with up-to-date services in forensic science, including in the area of drugs and DNA analysis. I recognise the very significant part Forensic Science Ireland plays within the criminal justice system, including its vital role in providing evidence to the courts. There is no doubt this work has been invaluable to the successful detection and prosecution of many serious offences over recent decades and will continue to be so.

While the establishment of the DNA database has impacted on the work of the Forensic Science Ireland, several steps have been taken to increase resources and improve processes to ensure that Forensic Science Ireland continues to deliver a high-quality service to An Garda Síochána.

I am informed by Forensic Science Ireland that the backlog of unanalysed drug cases with it currently stands at approximately 2,800. I assure the Deputy there has not been any impact on the Garda's efforts to enforce the law and there have not been any prosecutions lost on foot of this backlog. In the first six months of 2017, 4,099 drugs cases were submitted to Forensic Science Ireland for analysis. A total of 4,444 drugs cases were analysed and reports generated by Forensic Science Ireland in that period. Additional staff have been assigned to the drugs area in Forensic Science Ireland and it is planned to assign ten additional scientists to the area later in 2017 as they are recruited. These measures are expected to lead to a progressive reduction in the backlog.

In terms of processing cases, the Deputy may wish to note that Forensic Science Ireland prioritises drugs cases requested for court purposes by An Garda Síochána. Forensic Science Ireland is working closely with An Garda Síochána and the Office of the DPP to improve the effectiveness of the presumptive drug testing scheme. This scheme is available for personal possession cases under section 3 of the Misuse of Drugs Acts. The testing is carried out by members of the Garda Síochána who have been trained by Forensic Science Ireland using test kits validated by it. The purpose of presumptive testing is to allow a large number of section 3 cases to be dealt with effectively and expeditiously at local level and to free up the resources in Forensic Science Ireland.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Forensic Science Ireland plays an invaluable and important role in our criminal justice system. When gardaí seize a substance they believe to be a drug, they have to send it for testing. They send it to Forensic Science Ireland and it carries out the test to determine whether the drug is illegal and what is its make-up. I tabled this question because there were recent reports in a newspaper that indicated the establishment of the national DNA database has overwhelmed the State laboratory where Forensic Science Ireland works and that it has led to a large backlog of testing of illegal drugs seizures. The Minister pointed out in his answer that the backlog is some 2,800 tests. It is important, even though no cases have collapsed, that the Minister and Government ensure the backlog is cleared up rapidly. There is no doubt the establishment of the national DNA database is an essential part of our criminal justice system. It must proceed. As a result of a lot of resources being devoted to that, the work being carried out by Forensic Science Ireland is being interfered with. Does the Minister agree the situation is less than ideal and that it has to be addressed, otherwise we will have cases collapsing?

Charles Flanagan (Laois, Fine Gael)
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I recognise the significant contribution of Forensic Science Ireland in the investigation and prosecution of criminal offences. It delivers independent expert opinion, advice, training and research to support the Irish criminal justice system. The highly trained and dedicated staff provide specific analysis and objective expert advice. I acknowledge that there is a backlog. I will assure the Deputy of two things in respect of that backlog. First, we are working towards its elimination by the appointment of extra personnel. I assure the Deputy there has been no impact on the efforts of the gardaí to enforce the law. There have not been any prosecutions lost or found deficient on foot of this backlog. Forensic Science Ireland continues to work very closely with the Garda Síochána to ensure all cases of priority are dealt with in an effective, speedy and swift way. Equally, any analysis and reporting conducted by Forensic Science Ireland is provided to an exceptionally high standard and that will continue to be the case. I am happy to keep the Deputy informed of developments as we move towards reducing the backlog.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I welcome that measures will be taken to address this backlog. I welcome that there will be recruitment of extra personnel.

While it may not get much media coverage Forensic Science Ireland carries out a highly important role.

The drugs section of the laboratory primarily deals with two types of cases: section 3 prosecutions, which are for simple possession of drugs and section 15 prosecutions, which are for possession with intent to supply. As the Minister mentioned in his answer, sometimes the matter can be speeded up because in respect of section 3 offences, when a suspect has drugs for their personal use, gardaí have the six months and sometimes an individual who has them can admit or accept they were in possession of illegal drugs. However, where they do not, obviously the Garda is working under a very tight six-month time limit within which it must get the drugs tested and get the prosecution commenced. If it does not do that, the matter cannot be tried summarily which is how most personal possession drug cases are dealt with.

I welcome that extra personnel are being recruited, but the Government needs to recognise the crucial role of Forensic Science Ireland and it needs to be adequately resourced into the future.

Charles Flanagan (Laois, Fine Gael)
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The Government recognises the importance of and the highly significant role played by Forensic Science Ireland. For some time the need for a new forensic laboratory appropriate to the State's requirements has been regarded as one of the most critical capital projects in the justice sector. In that regard the Government has allocated €45 million for the construction of the laboratory with work due to commence at the earliest possible date. Some €6 million was provided in my Department's Vote to enable the commencement of building work this year. This new facility at Backweston will allow for the merger of FSI with the Garda technical bureau which is part of the current reform programme in the Garda Síochána. This, of course, will provide for the consistent processing of crime samples by one body and ultimately lead to a more efficient and effective forensic science service. FSI is highly regarded by the Government and its contribution towards the criminal justice system is immense.