Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Cuirim céad fáilte roimh an Aire. Ach an oiread le mo chomhghleacaithe ba mhaith liom gach rath a ghuí uirthi ina ról nua mar Aire Dlí agus Comhionnanais. Tá súil agam go n-éireoidh go geal léi.

Since the early 2000s, a number of attempts have been made to establish a DNA data bank in Ireland and such attempts faced a number of obstructions. For example, in 2008, the European Court of Human Rights held that the retention in England and Wales of DNA samples and profiles in circumstances where there is an acquittal or where proceedings are dropped or not proceeded with, disproportionately violate a person's right to privacy as protected by Article 8 of the European Convention on Human Rights.

Sinn Féin believes the lawful and effective collection and use of forensic evidence from crime scenes is crucial in obtaining sound convictions that are not based on confession evidence. The use of forensic science to solve criminal cases is growing globally. A multidisciplinary field embracing chemistry, physics, botany and zoology, and medicine, forensic science includes the identification of human bodies or traces. Traditional methods, such as fingerprinting and trace analyses, are still used assisted by computers. In addition, forensic dentistry, voice and speech spectrograms, blood analysis and DNA analysis are increasingly applied. A wide range of powers and procedures are now available to enable the Garda and the PSNI to take, compare and retain crime scene evidence as well as the taking of intimate samples for evidentiary comparison.

Sinn Féin acknowledges the need for collection and analysis of forensic evidence. However, we are also aware that forensic science is constantly evolving and that its accuracy is a source of continued debate. For example, in 2007, Mr. Seán Hoey was acquitted in the Omagh bombing case as a consequence of the judge's rejection of the validity of the LCN DNA profiling technique that has been used in more than 21,000 serious crime cases in the British jurisdiction and internationally, particularly in cold cases. These are two of many situations where the use of forensic science is at the very least uncertain and could potentially lead to perversion of justice.

Sinn Féin is of the view that ongoing research is needed in a variety of areas where forensic methods and definitions, both newly emergent and established, are being used in court with a view to prosecution. However, in spite of this, most methods of forensic evidence gathering are accepted by Sinn Féin as being necessary methods of criminal investigation where applied to the appropriate standard by trained personnel and under appropriate supervision and monitoring.

Sinn Féin welcomes the main thrust of the Bill but we have several concerns which we would like to raise and on which we may seek to include amendments. At the core of this debate, we must remember that any prejudice to the presumption of innocence must be eliminated. We cannot move to a situation where we treat persons without criminal records as potential suspects for future crimes.

One of the main objections I would have to the Bill is the fact that it provides for the taking of samples from former offenders who are no longer subject to sentence. Does this mean the Bill will not have due regard for the Good Friday Agreement and Weston Park Accord, and is it compliant with these?

The Irish Council for Civil Liberties, ICCL, has highlighted another concern in the form of international co-operation, specifically around how samples and-or DNA profiles generated from such samples may be transmitted to other states, including outside the European Union, and we would welcome clarification on these issues. Will the role of the proposed DNA database system oversight committee extend to reviewing the appropriateness of the date protection safeguards in place in the dates to which samples or profiles may be transmitted? I agree wholeheartedly with the ICCL that as a matter of principle profiles or samples should never be transmitted to states that cannot guarantee they will be protected by appropriate privacy safeguards.

On a practical level, I ask the Minister whether the laboratory is built, ready, fully equipped and staffed. There is no point in passing this legislation if the proper resources are not in place. Function creep is another important issue of concern with this Bill. We do not want to see a situation where there is a gradual widening of the database beyond the purposes for which it was originally intended.

I reiterate Sinn Féin's support for the spirit of this Bill. The crux of this debate is to get the right balance between protecting civil rights and liberties without interfering with people's human rights. I will finish by warning that although there are many positives to a DNA database, we must keep in mind that it can put innocent persons at risk also.

This is particularly so as technology has developed to allow the generation of DNA profiles from the tiniest of DNA samples. In the Omagh bomb case, low copy number, LCN, DNA evidence produced a partial match to a six year old schoolboy in Nottingham who was on the British database. While he was quickly eliminated from the investigation, had he been an innocent man in his 20s living in the Border counties, would he have been disregarded so quickly?

Táimid ag tacú leis an mBille i bprionsabal agus tá súil agam go dtiocfaidh sé chun cinn go tapaidh. B'fhéidir freisin go gcuirfimid roinnt moltaí chun cinn ar Chéim an Choiste. Arís, go n-eirí go geal leis an Aire ina ról nua.