Dara Murphy (Cork North Central, Fine Gael)
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Question 110: To ask the Minister for Justice and Equality with regard to the Criminal Justice (Forensic Evidence and DNA Database System) Bill, if this Bill will allow the Gardaí or other State agencies to retain for the purpose of maintaining a DNA database samples taken during the course of a particular investigation (details supplied); and if he will make a statement on the matter. [29814/12]

Alan Shatter (Dublin South, Fine Gael)
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The Criminal Justice (Forensic Evidence and DNA Database System) Bill will provide for the establishment of a DNA database, a commitment in the Programme for Government. The database will assist the Garda Síochána in the investigation of crime and in finding and identifying missing and unknown persons. It will do so by providing the Gardaí with a source of high quality intelligence that will facilitate better targeted investigations. The database will be populated by DNA profiles generated from biological samples taken from persons detained in connection with the investigation of serious offences (generally those attracting sentences of 5 years or more) and convicted persons including persons subject to the registration requirements under the Sex Offenders Act 2001.

DNA profiles constitute sensitive personal data. As such, their retention on a database or otherwise constitutes an encroachment on the individual's right to privacy. With this in mind, the Bill will adopt a carefully calibrated approach to their retention and use, taking account of the jurisprudence of the European Court of Human Rights. For example, retention arrangements will distinguish between persons who have been convicted and those who have not been proceeded against or who have been acquitted and between adults and children.

Indefinite retention will generally apply in relation to convicted persons (subject to some special provision for child offenders) whereas persons who have not been proceeded against or who have been acquitted will have an opportunity to apply to the Commissioner for the removal of their profiles from the database in certain circumstances. In the event that they do not do so or their application is refused, default removal periods will apply ranging from 5 to 10 years. The approach adopted in the Bill will maximise the effectiveness of the database in the fight against crime while ensuring that the individual's right to privacy is not infringed in a disproportionate manner.