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Dáil Éireann debate -
Tuesday, 15 Jun 1999

Vol. 506 No. 2

Priority Questions. - DNA Databank.

Jim Higgins

Question:

37 Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform the reason a DNA databank has not been established; and if he will make a statement on the matter. [15250/99]

The conditions under which bodily samples are taken for DNA analysis are determined by the provisions of the Criminal Justice (Forensic Evidence) Act, 1990. The Act enables a member of the Garda Síochána to take or have taken bodily samples where the sample is required in connection with an offence and where the sample will indicate whether the person was involved in the said offence. The Act also provides for the destruction of records and samples after a certain period, except in cases where a court makes an order authorising the retention of such records and samples for such purpose or period as it may direct or where the person is convicted.

(Mayo): The legislation to which the Minister referred is hopelessly out of date. We are out of line with other countries in that a person must volunteer to give a sample, even where they are suspected of rape, murder or assault. This is one of the few developed countries in the western world which does not have a comprehensive DNA database.

The Criminal Justice (Forensic Evidence) Act, 1990, does not allow for compulsion. This raises the issues of whether a DNA sample should be taken by force and the protection of data which may have constitutional implications. This would have to be seriously examined. If there is to be compulsion, there is little doubt that new legislation will be required. It is my understanding that the European Council resolution of June 1997 on the exchange of DNA analysis results encouraged member states to consider establishing national DNA databases with a view to exchanging DNA analysis results. There would be a need to ensure the physical integrity of the individual was protected. This is fundamental to our system of justice. Serious issues arise when one enters the area of compulsion.

(Mayo): Will the Minister consider revising the legislation as a matter of urgency in view of the 30 per cent increase in reported rapes? He has acknowledged that there is a huge increase in sexual offences. There is a considerable number of murders, many of which remain unsolved. There is a DNA database encompassing 500,000 entries in Britain which has proved an invaluable tool in investigating cases of rape, murder and assault. Will the Minister consider the same action here? Is he aware that only one murder has been solved in this country as a result of DNA testing – the tragic killing of Marilyn Rynn – and that the only reason it was solved was that the individual who was subsequently charged and convicted of her murder agreed to undergo testing on the assumption that it would not be possible to take samples from her body? There is a proven model which is being used successfully in other countries and we will not replicate it here. How can the Minister explain this in the context of his zero tolerance policy?

There is a compulsory system in force in the United Kingdom where the police consider it is a powerful asset in criminal investigations. There are national databases in other European countries which differ in some respects – in some a court order must be obtained. The system in force here does not allow for compulsion. There is a need to protect the physical integrity of the individual. This gives rise to constitutional and legal problems. A comprehensive Garda report identifying serious concerns and seeking clarification in relation to the practical operation of the 1990 Act was forwarded by the Garda authorities to the Chief State Solicitor in April. His advice has been sought on the concerns identified which relate to the destruction of evidence, the issue of consent and the use of DNA profiles in subsequent proceedings. The Forensic Science Laboratory has also sought the advice of the Chief State Solicitor on the destruction of samples and records. This is a matter on which movement is required but within the parameters I have outlined.

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