Mary Moran (Labour) | Oireachtas source

I welcome the Minister, Deputy Fitzgerald, and formally congratulate her on her appointment as Minister for Justice and Equality. I look forward to working with her in her new role. This Bill is very important and will greatly aid the Garda in its already sophisticated and important work. A Bill such as this has been a long time in coming and I believe there have been three previous legislative attempts to create a DNA database. While I support the Bill and welcome the assistance it will provide to the Garda in its work, one must be cautious lest we overstep the mark in respect of privacy and individual rights. I am aware of other jurisdictions internationally that have operated a DNA database for some time and how these have evolved from the original set parameters. It is no surprise that the largest DNA database is in the United States and is an example of the evolving role such a database could have in society. I believe its original purpose was to store profiles for serious crimes but profiles now have been created for misdemeanours. Our nearest neighbour, the United Kingdom, also operates a DNA database that has evolved repeatedly.

An important balance must be struck when considering the profiles, the rights of individuals, privacy and the appropriate length of time for destruction of samples. I am keen to hear the Minister's views and further details regarding the consent processes for those with a mental or physical disability. I understand that people who do not have the capacity to understand the general nature of the effect of taking a sample or who cannot indicate consent to the taking of a sample will not be sampled for the database. I seek further details on the process, especially on how capacity will be assessed. I welcome the general principles and the inclusion of this aspect in the Bill but wish to be sure it is not overlooked and that individuals will be afforded the appropriate assessment and level of support in this process.

On a separate matter, I welcome the provision in the Bill whereby the DNA profiles of prisons convicted of serious crimes will be held on the database indefinitely. I also welcome that the DNA database will be overseen by an independent committee which will be chaired by a judge or former judge of the High Court or Circuit Court and the membership of which will include a nominee from the Data Protection Commissioner, which is important. I understand that much work has gone on behind the scenes by the Forensic Science Laboratory in preparation for the enactment of this legislation. I believe all Members are in favour of appropriate methods that aid the Garda in preventing crime and making the country safer. As the legislative arm of the State, the Oireachtas has the responsibility to create structures that help to keep citizens safe and their rights intact.