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Dáil Éireann díospóireacht -
Tuesday, 23 Nov 1999

Vol. 511 No. 3

Written Answers. - DNA Testing.

Louis J. Belton

Ceist:

43 Mr. Belton asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to introduce compulsory DNA testing in certain cases; and if he will make a statement on the matter. [24243/99]

Section 2 of the Criminal Justice (Forensic Evidence) Act 1990 provides that certain bodily samples may be taken without the consent of a person in custody, for the purpose of forensic testing. These samples include hair other than pubic hair, a nail and any material found under a nail.

The report of the expert group on criminal law, appointed to consider changes in the criminal law which were recommended in the report of the steering group on the efficiency and effectiveness of the Garda Síochána, recommended a number of changes to the law relating to forensic samples. In particular, it recommended that, as an aid to DNA testing, saliva be reclassified as a sample which can be taken without consent. These recommendations are being examined by my Department with a view to bringing forward proposals for inclusion in a criminal justice Bill. Work is at an advanced stage on the preparation of a general scheme, and I hope to be in a position to seek Government approval shortly to commence the drafting of the Bill.

While the proposed criminal justice Bill is intended to deal primarily with the recommendations of the expert group, any necessary further measures to improve the law in this area, with particular regard to DNA testing, will be considered in consultation with the Forensic Science Laboratory and the Attorney General's Office with a view to their inclusion in the Bill.

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