Seanad debates
Tuesday, 27 May 2014
Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013: Second Stage
7:30 pm
Ivana Bacik (Independent) | Oireachtas source
I am sorry. We can go into this level of detail at Committee Stage.
As I stated, Parts 2 and 4 are hugely important. In Part 2, there have been important amendments made which have been welcomed by civil liberties groups, particularly in regard to the negative inferences. As a former defence practitioner, I do not like these provisions around the drawing of negative inferences. I am glad to see that convictions cannot be based wholly or mainly on the drawing of such inferences. However, it is something that we may look at in the context of section 157, which deals with the codes of practice. As the Human Rights Commission has said, there may be a case for a specific warning to be given. There are provisions for information to be provided to persons from whom samples are to be taken, but should we go further? Should we look at a code of practice at setting out a wording specific wording? There is a more specific wording provided for where samples are being taken from children and protected persons, but all persons in custody are in a vulnerable position when samples are being taken from them, particularly where there are provisions, as the Minister stated, authorising the use of reasonable force. We need to look at the appropriate safeguards in terms of the language used, particularly where persons may be subject to the drawing of negative inferences at a subsequent trial when samples have been taken from them while in Garda custody. We can deal with all of these issues in much more detail on Committee Stage.
I again welcome that we are at the stage of having this Bill before us. The forensic science laboratory is glad to see as well that the Bill will become law without too much more delay. As to the timeframe, I am sure we will be able to process Committee and Report Stages before the summer.
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