Seanad debates

Wednesday, 22 June 2022

Defence Forces (Evidence) Bill 2019: Second Stage

 

10:00 am

Photo of Diarmuid WilsonDiarmuid Wilson (Fianna Fail) | Oireachtas source

I welcome the Minister back to this House. He is a very busy man. I just saw on the television this morning that he was in Brussels a few hours ago. I join with the Cathaoirleach and Senator Ahearn in welcoming Senator Maria Byrne and her guests. Senator Byrne is very well known for her hospitality. I know her guests will be very well looked after on their visit to Leinster House. I hope they have an enjoyable day.

I thank the Minister for his comprehensive contribution on this legislation. The principle purpose of the Bill, as he outlined, is to provide for members of the Military Policy to take and use DNA samples and other evidence for the purposes of their investigations, including outside the jurisdiction when Defence Forces personnel are deployed overseas.

While technical, this is important legislation. It is required to ensure there is a comprehensive statutory basis for the collection of forensic evidence by the Military Police to assist them in their investigations. This includes investigations that may be required to be carried out in other jurisdictions where members of the Defence Forces are deployed overseas.

The Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 does not, as the Minister outlined, provide for the activities of the Military Police. Some adaptations were required to take account of the military environment. The investigative capability of the Military Police is currently compromised by the lack of a comprehensive statutory basis for taking evidentiary samples. This Bill will remedy this situation and enhance the capability of the Military Police to carry out its investigations of serious offences, similar to the power currently available to An Garda Síochána. In this regard, the Bill also sets out, as the Minister outlined, the other powers of a member of the Military Police when a member of the Defence Forces is placed in custody. These powers, including the power to search and take fingerprints, are similar to the powers of a member of An Garda Síochána in relation to a person who is arrested and detained.

The Military Police are responsible for the prevention and investigation of offences, the enforcement of discipline and the general policing of the Defence Forces. They also enjoy a very close working relationship with An Garda Síochána and other statutory agencies at national and local levels. An Garda Síochána assists in providing specialist police training to the Military Police in the field of crime investigation.

This Bill was first introduced at Second Stage in the Dáil in October 2019, but unfortunately it lapsed with the fall of that Government. I am glad that it has been re-introduced and passed through the Dáil. I wish it a speedy passage through this House.

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