David Norris (Independent)

I move amendment No. 13:

In page 27, paragraph (c), between lines 32 and 33, to insert the following:

"(i) the video taping of the taking of samples in any case where the accused has refused permission for such samples to be taken,".

We do not need to spend much time on this amendment, but I hope the Minister will accept its principle. Just as Senator Quinn usefully proposed that DNA evidence could not just help in the conviction of the guilty, but also in the exculpation of the innocent, it is important that we make provision for videotaping the taking of samples where permission has been refused.

That record would show whether undue violence was used, which would not only protect the accused, but also secure the reputation of the garda. An accused could subsequently claim that violence had been used, he or she had been beaten or so on, which would taint the reputation of the garda and place a cloud over the evidence. However, if there were videotaping of such acts, the complaint could be shown to be untrue if such were the case. If a video camera were running, it would be highly unlikely that even an ill-intentioned garda would risk violence against someone.

The Minister referred to various tribunals, but there is such a proliferation of them that I confuse them. Vincent Browne regularly covers them and the re-enactments are marvellous. I recall a woman who claimed that a detective in a Garda station in Donegal pulled hair out of her head in lumps. We want to avoid such scenarios. If a situation arose wherein a garda of that temperament was tasked with taking a sample of hair, pubic hair, saliva or whatever without the accused's consent, while it would not be an incitement, it would be a facilitation of a brutal garda, of whom I am sure there are still a few among our excellent gardaí. It might incite them to administer a good, old-fashioned thump to the accused.

We are talking about people who are only accused and whatever way one looks at this it amounts to a violation of bodily integrity. When samples are not given voluntarily videotaping protects the good reputation of the gardaí involved and the well-being of the accused. I cannot imagine there can be substantial arguments against it and I await the Minister's reply with interest.