Seanad debates

Wednesday, 11 June 2014

Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013: Committee and Remaining Stages

 

1:40 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

I move amendment No. 2:


In page 128, after line 41, to insert the following:“Transfer of DNA samples or profiles to other jurisdictions
110. (1) A DNA sample or profile may not be transferred to another jurisdiction for the purposes of it being used against an individual who has already stood trial and been acquitted in this jurisdiction.
(2) The transfer of DNA samples or profiles to other jurisdictions must be limited to jurisdictions with which the Irish State has extradition treaties in place.
(3) Once a DNA sample or profile has been transferred to another jurisdiction there must be a guarantee in place that the sample must be destroyed no later than 6 months after it has first been received.”.
We proposed this amendment on foot of concerns expressed by the Irish Council for Civil Liberties and several other NGOs about the extent to which samples and DNA profiles generated from such samples might be transmitted to other states, including those outside the European Union. We are not arguing that data should never be transferred but want to set out a guide on how they should be treated by ensuring that the requesting jurisdiction treats them under Irish law. This new section deals with the transfer of DNA samples or profiles to other jurisdictions. We are arguing that people should be treated as they would be treated under Irish law if the samples are disseminated abroad.

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