Vincent P Martin (Green Party) | Oireachtas source

There is currently no external oversight of policing services within the Defence Forces, and no independent complaints process exists for the investigation of alleged Military Police misconduct or negligence. In addition, regular independent review and assessment of the quality of policing services is not undertaken.This lack of structured oversight is in contrast to the numerous oversight and complaints mechanisms for other policing and investigative bodies in the State. This is an unsatisfactory position. The Minister said that the principal purpose of the Bill is to provide for members of the Military Police to take and use DNA samples and other evidence for the purposes of their investigations. It will provide for the establishment of a Military Police DNA database system to be administered by Forensic Science Ireland to hold DNA profiles generated from DNA samples taken from persons under this Act. It is the opinion of the commission that robust and independent oversight and periodic review would greatly enhance the military policing service, benefiting the victims of crime, safeguarding the rights of suspects and increasing trust in the wider system of military discipline and justice. This Bill significantly enhances the powers of the Military Police and brings them in line with the powers of the Garda in respect of DNA collection and fingerprinting of suspects. It should also be borne in mind that the Garda is operationally independent when carrying out investigations. The Military Police, however, remains part of the military chain of command and cannot be considered truly independent. The commission on the Defence Forces recommended that the Military Police become independent of the operational chain of command and that robust and independent oversight and complaints mechanisms be introduced.

I understand a couple of Government amendments were passed on Committee Stage limiting the purposes for which the DNA database can be used and to introduce a code of practice for the taking of DNA samples. I welcome this technical Bill to the Seanad. We all want crimes to be investigated properly and for those who have committed crimes to be brought to justice. This Bill will help to ensure the Military Police is able to do that.

As always, there needs to be a balance between the effective investigation of crimes and respecting rights to data protection and privacy of those whose DNA is taken. In respect of the threshold of the crime, according to the Bill, samples are only taken for offences for which a person subject to military law may be punished by imprisonment for a period of five years or more, for example, serious assault or murder. The Minister moved that the Bill be read a Second Time and unreservedly commended it to the House. If it is so good and since it is so non-controversial, why is there a cut-off point that it cannot deal with less serious offences as well? There might be crimes that are serious in the eyes of a person but that fall short of that specified term of imprisonment of five years or more.

I have a question about one of the amendments made on Committee Stage in the Dáil in respect of the code of practice. One of the issues we have run into in some legislation is that codes of practice are non-statutory and have less importance than statutory codes of practices. Will the Minister confirm this a statutory code of practice? I acknowledge the code of practice would have to be approved by the Minister. It may be useful if the code of practice were to be sent to the committee for comment before the Minister was to grant approval or refusal. The main body for consultation on that code of practice is Forensic Science Ireland. Would the Minister be open to including the committee as a named body to be consulted under this legislation?

I thank the Minister for making himself available. I just learned a few minutes ago from Senator Wilson that he was in a different country this morning. His dedication to coming into the Seanad is second to none. We appreciate the presence of the senior Minister for Foreign Affairs. The Bill is technical and non-controversial. I am pleased the Green Party is happy to support it. My observations were not meant as criticisms. They are just enquiries and the Minister might revert to me at a time of his convenience through his Department.