LRC recommends DNA database

damien

http://www.rte.ie/news/2005/1115/crime.html

The Law Reform Commission has recommended the establishment of a limited DNA database for the investigation of serious crime.

The Minister for Justice, Michael McDowell, has welcomed the report and says he will legislate for the establishment of such a database at the earliest opportunity.

maidhc

Full report at http://www.lawreform.ie/DNA%20Database%20Report%20No1.pdf

Press release from [url]www.lawreform.ie:[/url]



Report on The Establishment of a DNA Database to be launched later today

Tuesday, 15th November 2005 : The Law Reform Commission's Report on The Establishment of a DNA Database will be formally launched by the Attorney General, Mr Rory Brady SC, later today.

Background

This Report follows from a reference in 2003 by the Attorney General (made under the Law Reform Commission Act 1975) requesting the Commission to consider whether a DNA database should be established, and to address the constitutional and human rights issues associated with this question. In 2004, the Commission published a Consultation Paper on the Establishment of a DNA Database. Following a consultation process, this Report contains the Commission’s final recommendations on the matter.

The purpose and scope of a DNA Database

DNA evidence generated from biological samples (such as blood, saliva or hair samples) was first used as a forensic science tool in the mid 1980s, and since the 1990s it has been used in a large number of criminal investigations in Ireland . DNA evidence is therefore already being used on a case-by-case basis to establish whether a person who has been arrested and detained can be linked to a crime - and also to exclude such a person as a suspect. A DNA database would have the additional potential to enable a person, not previously suspected of a crime, to be linked to – and also excluded from – previously unsolved offences. In the absence of a DNA database, DNA profiling is useful only where a specific person has been identified through existing investigative means that would justify their arrest and detention.

A DNA database is a collection of DNA profiles generated from biological samples, which can be electronically stored for comparison with DNA profiles generated from samples found at a crime scene or from other sources. The DNA database can assist in one of three ways: (i) making ‘cold hits,’ where a profile from a crime scene is matched with the profile of a person on the database who was not previously a suspect; (ii) identifying links between crimes, by matching the same profile from different crime scenes, and then possibly also matching these with the profile of a particular person on the database; and (iii) rapidly excluding persons whose profiles are on the database by showing there is no match between the profile at the crime scene and the profiles on the database.

The Commission acknowledges in its Report that DNA databases in other countries have had important benefits for society in the investigation of crime. The Commission also examined, as requested by the Attorney General, to what extent a DNA database might pose potential risks to constitutional and human rights. The Commission’s Report aims to strike a balance between these two conflicting interests. The Report notes that limited DNA databases have proved very effective in other countries. The Report recommends the establishment of a limited DNA database and examines what form such a DNA database should take.

Detailed recommendations in the Report

The recommendations contained in the Report aim to ensure that the proposed DNA database would be effective in the investigation of crime and would also incorporate appropriate protections. Among the recommendations are:

• The DNA database would be used primarily for the investigation of crimes, but a separate index on the database could also be used to help identify missing persons.
  
  
• The database would consist of the DNA profiles of any person convicted of a serious crime (such as murder, rape, offences against the State, drugs offences, burglary, theft, criminal damage or assault causing harm – but not offences carrying less than 5 years imprisonment on conviction) and of those suspected of a serious crime.
  
  
• DNA profiles of persons convicted of a serious crime could be retained indefinitely on the DNA database.
  
  
• DNA profiles of persons suspected of committing serious crimes could only be retained temporarily on the database. These DNA profiles would be removed from the database and destroyed if no prosecution is brought or if the person is later acquitted.
  
  
• DNA profiles may also be taken from volunteers, that is people who are not suspects or been convicted of serious offences, but can only be retained on the DNA database if they consent.
  
• A mass DNA screening of groups of people may be conducted, subject to the approval of a Garda Chief Superintendent.
  
  
• The DNA database would be under the control of an independent Forensic Science Agency (which would incorporate the existing Forensic Science Laboratory)

The proposed Forensic Science Agency would be subject to external oversight, and strong security measures would be in place to protect DNA samples and the DNA database from unauthorised intrusion.

cgarvey

Being covered on The Right Hook on Newstalk 106 this evening.

.cg

damien

Was just debated on the Last Word too.

maidhc

Ashling Rediy (ICCL) did a fine job too on explaining why a mandatory DNA database of the whole population would be a bad idea.

I think the LRC recommendations seem reasonable...

cgarvey

Newstalk covered the Barry McSweeney story instead