McDowell seeks to 'maximise' use of DNA database
The commission, in its final report on the establishment of a largely criminal database, concluded DNA samples, or profiles, should only be retained indefinitely for those sentenced to five years or more in prison.
But Rory Brady SC, Attorney General, commended the LRC on its report and said the use of the DNA sample must be constrained.
"It is essential that there is a statutory prohibition, if necessary backed up by a criminal sanction, to prevent improper use being made of the sample. That is best way to achieve the balancing of interests," he said.
A panel of legal experts spent nearly two years considering a diverse range of opinions, from those advocating a strictly limited database to those calling for the retention of samples of everyone in the State.
The report concluded: "The recommendations ... aim to ensure that the proposed DNA database would be effective in the investigation of crime and would also incorporate appropriate protections."
Mr McDowell said yesterday: "I don't want to criticise it (the LRC report) but my general predisposition is to maximise the use and availability of DNA."
He added: "I want to maximise the use of DNA in legitimate police activity and the only limits that I see are limits that are put there to prevent abuse of power by the gardaí.
"I don't really believe that if there are proper controls that there are major privacy issues involved in my DNA being preserved in a data bank, it doesn't worry me as an issue."
The Irish for Council Civil Liberties, in broadly welcoming the LRC proposals, said the commission had spent a long time considering how to balance the benefits in fighting crime with the protection of people's rights.
Civil liberty groups fear the establishment of a database similar to one in Britain and the North, which has samples of everyone convicted of any crime.
British prosecutors say that, since 2001, 5,922 samples have been matched with crime scene profiles and this has helped solve more than 6,000 crimes, including three murders, 33 attempted murders, 94 rapes, 38 sexual offences, 63 aggravated burglaries and 56 drugs offences.
The DPP James Hamilton has said he believes samples from those convicted of serious crimes but who receive suspended sentences should be retained. The Association of Garda Sergeants and Inspectors, however, have backed the five-year cut-off.
The minister said he wants to see legislation introduced quickly, possibly as a report stage amendment to the Criminal Justice Bill already before the Oireachtas. Fine Gael's justice spokesman Jim O'Keeffe, whose party will back the legislation, said he didn't want "to see these proposals ending up stuck on the end of Minister McDowell's long finger".
The LRC has recommended the database be used primarily for the investigation of crimes but that a separate index could also be used to help identify missing persons. Profiles should be destroyed if no prosecution is brought or if the person is later acquitted.
DNA profiles may also be taken from volunteers but only retained by consent while mass screening may be conducted, subject to the approval of a Garda Chief Superintendent.
The database would be under the control of an independent Forensic Science Agency, which has been promised as much investment as needed to deal with the extra work.
Less than 1,000 samples are currently retained.
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