I move: "That leave be granted to introduce a Bill entitled an Act to amend criminal law and procedure and to provide for genetic fingerprinting."
Fine Gael believe that the Garda Síochána should be able to avail of all modern scientific techniques in criminal investigations. It is essential that the Garda not only have the necessary back-up facilities but that, in addition, our criminal law reflects and keeps pace with modern scientific developments. Genetic fingerprinting is about to revolutionise the criminal investigative process. It is currently being utilised in some states in the United States and in the United Kingdom and Northern Ireland. At present, the Garda lack both the forensic facilities to use this technique and the necessary enabling legislation to apply it.
It is not possible in the context of a Private Members' Bill to provide for public expenditure. Fine Gael believe however, that it is essential that the necessary funding be provided by Government to establish as a matter of urgency the required forensic laboratory facilities for the Garda to enable them to make use of genetic fingerprinting in the fight against crime. Accordingly, we call upon the Government to do so.
It is possible by way of a Private Members' Bill to provide the statutory mechanisms for the use of this technique in crime detection and the Criminal Law (Amendment) (Genetic Fingerprinting) Bill, 1988, which I moved provides the statutory framework necessary. It is the hope of Fine Gael that we will have the support of all sides in this House for a First Reading of this Bill so that it may be circulated and its detailed provisions debated on Second Stage.
There is little doubt that genetic fingerprinting is the single greatest break-through in the fight against crime since fingerprints themselves were discovered in 1901. Samples of tissue such as blood, skin, hair or semen left at the scene of a crime can be analysed so as to identify the perpetrator of a crime. The technique can result in indisputably accurate evidence of identity being obtained at the scene of a crime in many circumstances in which the identity of the person who committed the crime would otherwise remain unknown.
Genetic fingerprinting can make a unique contribution throughout the whole criminal justice area and, in particular, in the investigation of serious and horrific offences such as murder, rape and physical and sexual assault. It can also play a crucial role in the fight against subversive crime. It is of equal importance that the technique can also be used to ensure that an innocent person is not wrongly accused or convicted of a crime he did not commit.
In the brief time that I am allowed this evening it is not possible to detail all of the cases in which this technique has been successfully used to date. Two examples of its use can be given to illustrate its effectiveness. In January 1988 one Colin Pitchfork was convicted for murder by the English courts. In 1983 he had raped and murdered a teenage girl and another teenage girl was raped and murdered by him in 1986. The wrong person was initially arrested by the English police for these offences and if the new scientific technique of genetic fingerprinting had not been utilised that person could have been wrongly convicted and Pitchfork would have been left at large to repeat these horrific crimes. In Northern Ireland in June 1988 a 21-year-old man was jailed for life for murder in Belfast having sexually assaulted and murdered his neighbour. Without the use of genetic fingerprinting his identity would not have been ascertained.
In June last I attempted to move this Bill for a first reading but it was opposed by the Minister. It is extraordinary that since that time the Minister has been silent as to his reasons for opposing a First Reading and for seeking to prevent circulation of the Bill. In the intervening period legislation has been enacted to provide the use of genetic fingerprinting by the RUC.
Despite the Minister opposing publication of the Fine Gael Bill, no comment has been made by him of any nature whatsoever on the introduction of genetic fingerprinting in Northern Ireland or on the statutory measures relating to its use. I want to emphasise that the Bill prepared by Fine Gael is substantially different from the approach to be taken by the RUC under the statutory provisions relating to genetic fingerprinting in Northern Ireland. In particular, I want to emphasise that essential protections for civil liberties contained in our Bill appear absent in Northern Ireland's legislation.
For example, the power conferred on officers in the RUC to take mouth swabs by the use of physical force from suspects would not be conferred on the Garda. This provision in the North has today been strongly and rightly criticised by the Standing Advisory Committee on Human Rights which acts as an adviser to the Northern Ireland Secretary of State and was criticised by me at the time of the publication of the relevant legislation that subsequently was enacted by the Westminister Parliament to apply to Northern Ireland. In this context, it is curious that the Minister for Justice while opposing publication of the Fine Gael Bill last June has in the past four months remained totally silent on the Northern Ireland measure.
It is my belief that in a democratic Parliament which cherishes its democratic traditions, the Government of the day should not be permitted to prevent the publication of proposed legislation so as to prevent its distribution and render impossible an informed discussion taking place of proposals contained in it. A vote for this Bill this evening is not a vote to accept all of the Bill's provisions unamended. I want to emphasise that Fine Gael wish to see enacted in this area the best possible legislation and we are willing to take on board any constructive amendments proposed to this Bill that would ensure its proper workings. A vote for this Bill this evening is a vote to permit its circulation and to allow a detailed and informed discussion on its provisions to take place. A vote against this Bill this evening is a vote in favour of censorship and a vote to curtail the ability of Members of this House to act as legislators.
Members of this House are too frequently criticised by the general public for their failure to act as legislators. The majority of Members of this House should oppose any attempt made by Government to prevent the publication and circulation of a Private Members' Bill on an issue of public importance. A vote in favour of this Bill is a vote that recognises that each and every one of us in this House is elected to act as a legislator and is a vote to uphold our democratic traditions. A vote against this Bill at this stage is a vote to restrict and curtail the legislative role each and every Member of this House is entitled to play and to censor our ability to debate a major scientific advance in the area of crime detection.