Jim O'Keeffe (Cork South West, Fine Gael)
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Question 70: To ask the Minister for Justice, Equality and Law Reform the position in relation to the establishment of a DNA database and the forensic science laboratory; and the legislation which has been promised in this regard. [7445/09]

Dermot Ahern (Louth, Fianna Fail)
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The Criminal Justice (Forensic Sampling and Evidence) Bill is on the A list of the Government's Legislation Programme for this session. The main aim of the Bill is to provide for the establishment of a DNA database for the purposes of criminal investigations and the identification of missing and unknown persons.

While the drafting of the Bill is at an advanced stage, its finalisation has been affected somewhat by the very necessary examination of the implications of the recent judgment of the European Court of Human Rights in the case of S and Marper v the United Kingdom. In that case the Court held that the arrangements in the United Kingdom for the indefinite retention of DNA material and fingerprints taken from suspects who were not subsequently convicted were a disproportionate and unjustified interference with their right to privacy. The examination of this judgment may impact on the timetable for publication of the Bill but, in the event of a delay, I will ensure that it is kept to an absolute minimum.

As regards the Forensic Science Laboratory (FSL), it will have statutory responsibility for the establishment and operation of the DNA database. Professor Ingvar Kopp (former head of the Swedish Forensic Science Laboratory) was engaged by my Department to review the resource needs of the FSL. Professor Kopp's report was published in January 2008. On foot of its recommendations a rigorous staffing campaign for the FSL was undertaken in 2008 and resulted in 12 new Forensic Scientists Grade III and 14 new Laboratory Analysts being recruited. These recruits were used to fill professional posts in the 20 posts announced by my predecessor in January 2008 and to fill existing professional vacancies. In addition an Assistant Principal IT Manager was assigned to the FSL in December 2008.

The report also included a preliminary appraisal of the resources which would be required in order to bring the DNA database on line as well as the need for advance implementation planning for the database. An implementation team, led at Deputy Director level, has been established in the FSL to plan for the introduction of the database as recommended by the report. One of the team's tasks is to examine further the resource implications which will arise as the database is established and built up to its optimal capacity. In relation to the accommodation needs of the FSL, my Department is actively pursuing this matter in consultation with the Office of Public Works.