Vol. 541 No. 2
142 Mr. Shatter asked the Minister for Justice, Equality and Law Reform the steps he will take to establish a DNA database; and his views on whether the absence of such a database is hindering the Garda in investigating serious crime. [21180/01]
I confirm that my Department, in conjunction with the Forensic Science Laboratory and the Garda Síochána, is actively considering the establishment of a national DNA database. However, as the Deputy will appreciate, such a development would have complex constitutional, legal, data protection and practical implications.
The Criminal Justice (Forensic Evidence) Act, 1990 already provides for the taking of forensic samples from persons in custody of the kind which may be used in DNA profiling. For example, samples of hair other than pubic hair and material under a nail may be taken without the consent of a person detained in connection with a serious offence. The Act also provides for the retention of forensic samples in certain circumstances.
The absence of a formalised national DNA database does not preclude the Garda Síochána from availing of DNA profiling in criminal investigations. The technique, as performed by the Forensic Science Laboratory, has already proven its worth by assisting in the detection of more than 500 offences, often of a very serious nature and often in circumstances where the case would not have been otherwise solved. I am convinced, however, that there remains considerable untapped potential within the criminal justice system for DNA profiling techniques and I am already initiating measures to realise this potential.
For example, the proposed new Criminal Justice Bill provides for the taking, without consent, of a mouth swab from a detainee held in connection with a serious offence. This follows from the recommendation of the expert group on criminal law, appointed to consider changes to the criminal law, as recommended in the SMI report of the Garda Síochána, that saliva should be reclassified as a non-intimate sample, as an aid to DNA analysis. In the context of further enhancing the utility of DNA profiling, as I stated, my Department is actively pursuing the issue of establishing a national DNA database.
