Minister wants crime database to hold DNA evidence
The Minister had indicated he is in favour of the database. But only last week in a written Dáil answer, he said he had no plans to change the law to permit the taking, without consent, of blood and other intimate body samples.
Currently, a suspect arrested under 1990 criminal justice laws can refuse to give ‘intimate’ samples, although refusal can be taken as corroboration of evidence in a court case. The sample is destroyed within six months if no proceedings have started or after a case is closed.
Mr McDowell said he intends to take his database proposals to cabinet shortly. Although details are vague, he said: “If it is found necessary, I will include in my proposals arrangements for putting in place certain safeguards to ensure samples are properly preserved and protected in relation to future use.” This suggests the samples will be held long-term.
Mr McDowell claimed the package of measures will ensure criminal law is up-to-date to ensure gardaí, the DPP and the courts have effective powers to investigate, prosecute and punish offenders.
The Minister said the new criminal justice bill will include “powers relating to the preservation of a crime scene, the issue of search warrants, increased detention powers...and a number of provisions designed to improve the operation of criminal justice legislation generally.”
The Irish Council for Civil Liberties, while welcoming increased powers in relating to the preservation of crime scenes, said it has general reservations about increasing garda powers of detention. Director Aisling Reidy said any DNA database must be operated under stringent rules as to how samples are used.
Garda Commissioner Pat Byrne welcomed the increased powers, particularly those relating to the detention of suspects. He claimed it is a ludicrous that murder suspects can only be held for an initial 12-hour period.
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