Sean Barrett (Independent) | Oireachtas source

I welcome the Minister and wish her well in her new appointment. I echo the sentiments of Senators O'Donovan and Conway in welcoming the Bill and the Minister. It is unfortunate that it has taken a long time for this to happen. We received the report on this from the Law Reform Commission in October 2005. As a new Minister with a new broom, the Morris, Smithwick and Guerin reports highlighted issues with how we organise justice in Ireland which we must bring up to date. I wish the Minister well in that regard as I commend her predecessor who was also a reformer.

The measures should help reduce the cost of crime investigation, policing and prosecution and will bring Ireland into line with many of the partner countries, as the Minister mentioned.

I commend the work of the Forensic Science Laboratory. We had a discussion about bodies changing their name. I do not know why the laboratory wants to become Forensic Science Ireland because the word "laboratory" is perfectly acceptable in scientific circles. We had hoped, in regard to some other bodies changing their name, that there would not be a vast number of image consultants and so on involved. Perhaps the Minister might deal with this matter. This may seem a small point but trusted, tried and honoured names should not be changed because of fashion, managerialism or whatever.
There will be difficulties. Noel Whelan, in his article in The Irish Times in August 2012, referred to the use of forensics to investigate burglaries. Having spoken to people who live in areas that have a high number of burglaries, it seems that the criminals are, unfortunately, well prepared. I do not know if we will have many DNA samples. That said, I appreciate what Noel Whelan had in mind when he wrote his article.
The Bill is wholeheartedly welcome, coming a long time after the Law Reform Commission reported. A DNA profile is a valuable tool in the hands of the Garda and other police forces when dealing with crime. The role of the Forensic Science Laboratory and its director, Dr. Sheila Willis, is held in high regard by the people who work in the field of genetics with whom I have discussed this Bill. The legislation is a valued step forward.
There are concerns about whether the database is secure and that there should be no electronic access from any site which is physically outside the database. All information received by or given out by the database should be carried on devices such as memory sticks. I raise this matter because there is concern about problems with the PULSE system, such as people accessing and changing PULSE. The security of this database is important, as is the recommendation that it should be administered independently by the Forensic Science Laboratory, and I hope its security will be protected.
The involuntary taking of samples was mentioned. One would hope that would not be necessary. Perhaps saliva and hair would be sufficient. The intimate and non-consensual taking of samples was also mentioned. It will be interesting to see how much we can substitute in terms of what people would be reasonably expected to comply with and issues where there may be aggression, and between those conducting the investigation and the suspect.
In regard to promoting better relationships between the Garda and the citizen, I am concerned about some UK policing programmes. Some quasi-documentaries from the United Kingdom which have been broadcast in this jurisdiction have shown what appeared to me to be an unnecessary level of aggression by police against citizens when dealing with traffic and public order offences. I am afraid we might suffer from spill-over effects. I hope the old image of the Garda as a friend of the community and valued member of society would not be supplanted by one based on the spill-over of what has frequently appeared to me to be unnecessarily violent behaviour by policemen in other jurisdictions. I would prefer if all the compliance regarding what the Minister has proposed in this welcome Bill were voluntary.
I am assured by the scientists that what we are doing is very reliable and that the DNA profile is a unique identifier, with the exception of identical twins who share a DNA profile. I commend the Minister on bringing the Bill to the House. It seems by all accounts, from human rights considerations and from the amendments taken in the Dáil by the Minister, to be a good Bill which will assist in the investigation of crime. I join other Senators in welcoming the Minister to the House and welcoming her legislation.