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Dáil Éireann díospóireacht -
Wednesday, 26 Jun 1996

Vol. 467 No. 5

Written Answers. - Genetic Sample Testing.

Brian Lenihan

Ceist:

92 Mr. Lenihan asked the Minister for Justice the legislative proposals, if any, she has to extend the scope of mandatory testing for genetic samples; and if she will make a statement on the matter. [13715/96]

The Criminal Justice (Forensic Evidence) Act, 1990, governs the taking of bodily samples for forensic purposes. In some cases the taking of samples is subject to the consent of the person from whom the sample is to be taken but inferences may be drawn at a trial from a refusal to give this consent. While I am keeping the operation of the Act under review, the question of extending the scope of mandatory testing raises complex legal and constitutional issues and I have no proposals at present in that regard. I might mention, however, that the Criminal Justice (Drug Trafficking) Bill, which is at Committee Stage at present, proposes to apply the relevant provisions of the 1990 Act to persons subject to detention under the terms of the Bill.

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