Ahern Publishes New DNA Database Bill

According to the Minister, "the establishment of a database represents a major step forward in the fight against serious crime. It will give the Gardaí access to intelligence on a scale and of a quality that has never before been available in this country. This Bill will also enable the taking of samples that can be used as evidence in a criminal trial."

If the Bill becomes law, everyone who is arrested for a serious offence can be required to give a sample.

A profile generated from that sample will be placed on the new database, along with samples collected at crime scenes.

The analysis of the material on the database will produce 'hits' that may indicate a link between the person and other offences where he was previously involved but no link had previously come to light. A separate part of the database will be available to help trace and identify missing or unknown persons.

Minister Ahern continued: "Everyone serving a sentence for a serious offence when this new law comes into force will be required to give a sample for the database.

"This will include people in prison and anyone on temporary release or on suspended sentences, as well as anyone on the sex offenders register.  

"The combination of these two major sources of samples (suspects and convicted persons) will ensure that, within a short time, a significant proportion of the criminal community will have their samples on the database. It is my hope that this fact would, of itself, act as a deterrent for some."

Throughout the drafting process, consideration was given to issues such as rights to privacy and as a result steps have been taken to ensure that sampling will be restricted to serious offences.

Account was been taken of the position of vulnerable people (including children), and restrictions have been placed on the time periods for which samples and profiles can be retained on the system.

Only those convicted of serious offences will have their materials held indefinitely.

Everyone else who is sampled but who is, for example, not charged or is acquitted, will have their materials removed either on application or, where no application is made, after the expiry of a fixed default period.  

The database will be established and operated by the Forensic Science Laboratory (to be renamed EFE or Eolaíocht Fhóiréinseach Éireann/ Forensic Science Ireland). It will carry out the analysis and communicate the results to the Gardaí.

Minister Ahern continued: "I am keen to ensure the integrity of the database and have therefore provided that an oversight committee, to be headed by a senior judge, will carry out assessments and will evaluate the Laboratory's systems and procedures. Its reports will be published.

"I hope to see this legislation progress through the Oireachtas in the coming months and, in view of its complexity and importance, sufficient time will be allowed for a full debate on its content."