The Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013, began Second Stage in Dáil Éireann today, following the publication of the Bill on the 11 September 2013.
Speaking today, the Minister for Justice, Equality and Defence, Alan Shatter TD, said, “The Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013 is a landmark piece of legislation. I believe it will prove to be the most important Bill introduced into this House during the lifetime of the Government in the provision of assistance to An Garda Síochána in the investigation of serious crime and in identifying serial offenders across a broad range of areas, including homicide, rape, sexual and other serious assaults and burglary.
“The Bill not only provides for the establishment of a DNA database to assist Gardaí in the investigation of serious crime but also will assist in finding and identifying missing or unknown persons. It will also play a crucial role in the investigation of what have become known as cold cases, in the identification of perpetrators and their being brought before our courts.
“In addition, it will be of assistance in cases where there is an alleged miscarriage of justice by providing crucial information to assist in the determination of whether an individual has been wrongly convicted and imprisoned. The Bill also replaces the legal framework for the collection of forensic evidence from suspects and puts it on a statute-only footing. In essence, this measure will provide crucial assistance to the Gardai in vital areas for decades to come.
“I believe that the establishment of a DNA database is long overdue. I campaigned for the introduction of such a database for many years while in opposition and its establishment is a commitment in the Programme for Government. On becoming Minister for Justice and Equality in 2011, I made it a priority to introduce comprehensive legislation to facilitate the optimal use of DNA in the fight against crime and to enhance cooperation with EU Member States and with other countries. In doing so I was also very conscious that the legislation should fully respect human rights. I believe that the legislation before us meets these objectives and strikes the right balance between them. I want to put on the record of this House my thanks to the officials in my Department and to those in the Attorney General’s Office who have been engaged in the substantial work required to bring this comprehensive measure before the House.
“Significant benefits will arise from the enactment of this legislation and the establishment of a DNA database. As Deputies will no doubt be aware the usefulness of a DNA database comes from its capacity to link crime scenes and to identify suspects for unsolved crimes. This type of intelligence will be invaluable to the Gardaí in relation to identifying prolific offenders involved in volume crime such as burglary but also in relation to serious offences against the person, such as homicide and sexual offences. It will also contribute in the move towards more effective, targeted and smarter policing and will facilitate cooperation with other police forces in relation to criminals who travel from one country to another to engage in criminal acts.
“While the Bill was in preparation, I was anxious to ensure that everything necessary was done so that, without undue delay, following its enactment, the Gardai would be able to avail of the assistance provided under the Bill in the crucial work in which they are engaged on a daily basis. Despite the financial limitations by which we have been constrained since taking up office, the Forensic Science Laboratory was furnished with resources for the necessary specialist staff, and to allow for the purchase, installation and validation of sophisticated robotic sample handling instruments to cater for high throughput of samples. These are now in use and will be capable of processing the anticipated increased submissions associated with a National Database. The Forensic Science Laboratory has also been resourced to purchase an information management system to track all cases and samples from log-in at the laboratory, through all examinations to disposal and despatch on completion and the installation of this system is in progress.
“I want to take this opportunity to thank Dr Sheila Willis and all of those who work with her for their skill and expertise and the extraordinary assistance they give on a daily basis to An Garda Síochána and for the work undertaken by them in preparation for the enactment of this measure.
“Unfortunately, the Bill published by my predecessor in 2010 had many flaws and inadequacies. While the Bill before the House incorporates much of the 2010 Bill, it contains substantial amendments aimed at addressing issues of genuine concern, particularly in relation to the retention of the samples and DNA profiles of persons who are not subsequently convicted. This Bill also contains more comprehensive provision in the area of international cooperation that I referred to earlier.
“It is also worth saying that the passage of this Bill will facilitate the State in meeting its obligations under EU law and any international agreements which require the State to maintain DNA and fingerprint databases for criminal investigation purposes and facilitate the searching, on a reciprocal basis and under strict conditions, of other States databases. I would draw schedules 2 and 3 of the Bill to the attention of Deputies where the texts of the Prüm Council Decision, and the Agreement between the EU and Iceland and Norway applying aspects of the Prüm Council Decision are set out for ease of reference.
“This Bill, in establishing a DNA Database System, represents a very significant step in criminal investigation in this jurisdiction. It is only right that An Garda Siochána should have access to the most modern forensic technology to assist them in solving serious crimes and in the detection of perpetrators. DNA evidence is only one element in crime investigation but it is potentially a vitally important one. It should be also remembered that not only can the Database assist in detecting perpetrators and bringing them to justice but it can also help to exonerate the innocent and lead to better, more targeted use of police resources.
“The experience in other jurisdictions demonstrates the important contribution DNA databases make to criminal investigations where crime scenes are examined and produce forensic material. For example, the UK’s National DNA Database had a hit rate of 61% in 2011-2012. While hits simply place a person at the crime scene and are not necessarily followed by prosecutions, such a high rate does point to the level of intelligence that a DNA database can generate. I would however caution Deputies not to expect such high rates in the early years of our Database as the rate is partly dependent on the size of the Database and will grow as the database grows.
“Finally, as I indicated at the outset, I am acutely aware of the need to strike an appropriate balance between the use of the DNA database in the investigation of crime in the public interest and of protecting individuals’ personal rights. I am confident that this Bill, with its many safeguards, achieves that balance.
A full copy of Minister Shatter’s speech is available on: www.justice.ie