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Lapsed Dáil
No. 2 of 2010

Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010

Public bill · Government · Presented

The proposal would replace the 1990 rules on forensic samples and create a national DNA database managed by Eolaíocht Fhóiréinseach Éireann. Gardaí could take samples from people detained for serious offences and convicted offenders, while volunteers could provide samples for specific investigations or approved mass screenings; safeguards would apply to children, people with disabilities and intimate samples. The database would compare crime-scene DNA with profiles from suspects, offenders and trained investigators, help identify missing people and unknown bodies, and allow tightly controlled searches with other EU countries. It would also set rules for privacy, oversight, information security and the destruction of samples or removal of profiles, although some profiles could remain for years.

Formal long title

Bill entitled an Act to amend the law to authorise the taking of bodily samples from persons suspected of certain criminal offences for forensic testing; to provide for the taking of certain bodily samples from persons who volunteer to have such samples taken from them for the purpose of the investigation of offences or incidents that may have involved the commission of offences; to provide for the establishment and operation by Eolaíocht Fhóiréinseach Éireann of the Department of Justice, Equality and Law Reform of a DNA Database System; to provide for the taking of certain bodily samples from persons suspected or convicted of certain criminal offences for the purpose of generating DNA profiles in respect of those persons to be entered in the investigation division of the DNA Database System; to provide for the taking of bodily samples from certain persons for elimination purposes and the entry of their DNA profiles in the DNA Database System; to provide for the taking of certain bodily samples from persons, or samples from things, for the purpose of generating DNA profiles in respect of those persons or missing persons to be entered in the identification division of the DNA Database System; to provide for the purposes of that System; to provide, in certain circumstances, for the destruction of samples taken under this Act and the destruction, or removal from the DNA Database System, of any DNA profiles generated from those samples; to repeal the Criminal Justice (Forensic Evidence) Act 1990; to give effect, in part, to Council Decision 2008/615/JHA of 23 June 2008 O.J. No. L210, 6.8.2008, p.1.; to amend the Criminal Justice (Mutual Assistance) Act 2008; to amend the criminal law relating to the taking of fingerprints and palm prints from certain persons; and to provide for related matters

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Last updated 12 April 2018

Sponsor
  • Minister for Justice, Equality and Law Reform Primary
Progress
  • First Stage
    Dáil
  • Second Stage
    Dáil
Debates
  • Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010: Order for Second Stage.
    Dáil
  • Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010: Second Stage.
    Dáil
  • Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010: Referral to Select Committee.
    Dáil
Documents

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