Vol. 415 No. 3
55 Mr. Cotter asked the Minister for Justice the reason for his delay in making an order under section 8 of the Criminal Justice (Forensic Evidence) Act, 1990, to bring the Act into operation so that the technique of genetic fingerprinting can be used by the gardaí in the fight against crime; and if he will outline when the Act will be brought into operation.
Regulations under section 5 of the Act, specifying in detail the procedures to be followed by the Garda Síochána in the taking of samples for forensic testing, are needed before a commencement order is made to bring the Act into operation. The regulations are in the process of being prepared and will shortly be made by me together with the commencement order.
Incidentally, I wish to repudiate the suggestion which seems to be implied in the question that the fact that the Act is not in operation has prevented the Garda from making use of the genetic fingerprinting test. The test has been carried out in the course of Garda investigations where the person did not object to the taking of the sample. The purpose of the Act, which of course deals with the taking of bodily samples for all forensic testing, including genetic fingerprinting, is to regulate the procedures for the taking of these samples and to allow inferences to be drawn by a court in subsequent proceedings from a refusal to allow a bodily sample to be taken.
