Dáil Éireann díospóireacht -
Tuesday, 5 Oct 1999

Vol. 508 No. 3

Written Answers - Forensic Samples.

Dan Neville

Ceist:

329 Mr. Neville asked the Minister for Justice, Equality and Law Reform the progress in introducing legislation to allow the gardaí to take full advantage of scientific advances, particularly in the use of DNA evidence, when investigating serious crimes in ensuring that suspects will be required by law to give non-intimate samples such as hair and saliva during an investigation; and the progress, if any, made in changing the laws relating to the use of blood samples as evidence. [18630/99]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue):

The Criminal Justice (Forensic Evidence) Act, 1990, already provides for the taking of forensic samples from persons in Garda custody or prison. In the case of some samples, such as hair, other than pubic hair, the consent of the person is not required. In the case of other samples, such as saliva, consent is required, but an adverse inference can be drawn, in subsequent criminal proceedings, from a refusal.

Last year I received a report from an expert group, under the distinguished chairmanship of Mr. Eamon Leahy SC, on changes to the criminal law recommended in the report of the steering group on the efficiency and effectiveness of the Garda Siochána.

I am currently considering, in the context of the preparation, which is well advanced, of legislative proposals arising from this report, what improvements might be made to the law on the taking of forensic samples in order to maximise the potential of DNA technology in the detection of offenders.