Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank all Members who have contributed to the debate and note how much I welcome the support for the Bill across the House. I thank Members for their contributions, in which many important points were made. This unquestionably is landmark legislation that makes good on the Government's commitment in the programme for Government to establish a DNA database system. It is great to see this level of support for the Bill, which as quite a number of Senators remarked, is essential for policing today. It is necessary that An Garda Síochána should have access to the most modern policing tools, techniques and technology. These bring their own challenges, and quite a number of Senators have pointed out the essential need to have the appropriate balance between human rights and having this database and the various techniques its use will determine. This has been a consideration throughout the development of the legislation.

The power of DNA technology is at the forefront of modern policing and can be seen in every country in the world. It is very important to develop the skills that are necessary to manage the database in the most professional way possible. A number of Senators made the point about the exchange of data with other countries and I assure them this obviously will be carefully monitored. Moreover, exchanges will only take place under the mutual assistance provision with countries where the standards are similar to those which obtain here. There is no question in this regard. I am confident that in the years to come, people will be behind bars in Ireland for the commission of serious crimes who would not have been apprehended or convicted but for the DNA database. This legislation under discussion will have a quantifiable and immediate impact on the prevention, investigation, detection and prosecution of crime. I mention prevention because I believe the increased risk of apprehension may itself have a deterrent effect on those who are likely to commit certain crimes.

The Bill addresses the highly restricted statutory framework in place at present on this issue in which the sample is required for the investigation of a particular offence. As I have outlined, the new regime will change this and will mean those convicted for an arrestable offence will be put on the database and will be available for subsequent matching with crime scenes, which is important. I reiterate that as the database grows, the hit rate effectively will grow as well. The Bill places all the State's DNA legislation on a statutory footing, meaning that all the provisions will be found in primary or secondary legislation. This unquestionably will benefit the Garda and brings clarity and certainty to the taking, storing and transmission of DNA data, which is very important. The Garda will be clear as to its powers and duties under the legislation and citizens will know their rights and obligations.

I take the point that has been made by the Senators present in respect of protected persons. As the Bill moves towards Committee Stage, I again will carefully examine precisely the protections that are in place. There may be some suggestions that could be taken on board from the Irish Human Rights Commission regarding further protections of those who are vulnerable, such as children and more vulnerable groups. I will continue to examine this issue as the Bill moves towards Committee Stage. If improvements can be made, I certainly would be open to that because I am aware the proposals contained in the Bill potentially can have quite an impact on the rights of citizens including, as Senator O'Donovan mentioned, the rights to bodily integrity and privacy, which are critical. However, this balance has been very much to the fore and I believe the former Minister, Deputy Shatter, was sensitive to this issue in the development of the legislation when he was taking it through the Dáil. Some amendments that were accepted in that House give stronger and greater protection on that issue.

Senator O'Donovan also mentioned the question of resources, which clearly is important. I welcome Dr. Sheila Willis and Dr. Maureen Smyth who are present in the Gallery for this debate. Clearly, the question of resources with regard to storing the database and its use is important. A number of Senators, including Senator Barrett in particular, spoke on the voluntary taking of samples. Obviously, this is always the preference and it is important that training be made available to the Garda. While samples are being taken in respect of offences at present, in the context of the development of the database, ongoing training clearly will be an important element in the future. Moreover, training on human rights also will be important. I note the point made by Senator Bacik about the recommendation from the Irish Human Rights Commission that someone with expertise in human rights might be appointed to the monitoring committee, and I certainly can examine that proposal. The question of the Good Friday Agreement also was raised by a Senator and while this issue was addressed during the Dáil debate, I certainly will consider any amendments that are tabled on this issue or overall.

I again thank Members for their contributions. I will consider the points made in the debate and will examine them on Committee Stage. I conclude, however, by noting my goal in this Bill is to strike the correct balance between the public interest in the investigation, detection and prosecution of serious crime and the human rights of citizens.