Criminals compelled to give DNA samples

Convicted criminals and suspects detained as part of serious criminal investigations are to be compelled, by force if necessary, to provide DNA samples for a new national database.

Justice Minister Alan Shatter yesterday published a bill for the establishment of a DNA database, which will also require sex offenders to have their DNA profiles registered.

The new legislation was welcomed by victim support groups, including Rape Crisis Network Ireland and CARI, the organisation that assists child victims of sexual abuse.

It was also given a guarded welcome by the Irish Council for Civil Liberties.

Making the announcement, Mr Shatter said: “I am very pleased to publish this long-awaited legislation which provides for the establishment of a DNA database. I campaigned for such a database for many years in opposition and its establishment is a commitment contained in the Programme for Government.

“When I became Minister for Justice, Equality and Defence in 2011, I made it a priority to bring forward comprehensive legislation to facilitate the optimal use of DNA in the fight against crime and to enhance co-operation within the EU and with other countries. In doing this, I was also determined the legislation would fully respect human rights. I am satisfied that we have met all of these objectives.”

The database will be used to link crimes, identify suspects in relation to unsolved crimes, and help find or identify missing persons.

DNA from crime scenes will be entered in the database and checked against the stored DNA profiles relating to suspects and offenders.

The bill also gives power to the Garda Commissioner to authorise the retention of a person’s profile on the DNA database for up to six years even if that person is no longer the subject of a criminal investigation.

Under the bill, the Gardaí will be allowed to use “reasonable force” to take mouth swabs, remove hair follicles or use some other means to extract DNA from a suspect.

Disclosure of information relating to biological samples or information on the database will be a criminal offence.

The database’s management and operation is subject to independent oversight by a committee, which will include a representative of the Data Protection Commissioner and will be chaired by a Circuit or High Court judge.

The establishment of a DNA database was described as a watershed in Irish criminal justice by geneticist Professor David McConnell of Trinity College Dublin.

“While some may see it as a danger, I believe it will actually add to our civil liberties because it will make it easier to identify culprits and excludes innocent suspects,” said Prof McConnell. “It also greatly accelerates the administration of justice. It will mean that gardaí will obtain evidence more quickly and not spend time on wild goose chases.”