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Enacted Dáil
No. 93 of 2013

Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013

Public bill · Government · Presented

Creates a national DNA database run by Forensic Science Ireland, allowing samples from suspects, convicted people, volunteers, crime scenes, and Gardaí or forensic staff to be collected and compared to investigate serious offences and identify missing, unidentified or deceased people. It sets rules for consent, court approval, children and people unable to decide for themselves, the use of reasonable force, privacy, destruction of samples and removal of profiles. It also enables controlled DNA and fingerprint searches with other countries, replaces the 1990 law and introduces independent oversight and data-protection safeguards.

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 Forensic Science Ireland of the Department of Justice and Equality 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 certain bodily samples from certain persons for elimination purposes and, where appropriate, the entry of their DNA profiles in the DNA Database System; to provide for the taking of 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 to Council Decision 2008/615/JHA of 23 June 2008 and Council Decision 2008/616/JHA of 23 June 2008, the Agreement between the European Union and Iceland and Norway on the application of those two Council Decisions and an agreement between the State and another state insofar as those Council Decisions or agreements concern cooperation in relation to automated searching for or automated comparison of DNA data or automated searching for dactyloscopic data, as the case may be, and the exchange of such data and the reference data relating to them, by or between authorities which are responsible for the prevention, detection and investigation of criminal offences in the State and those other states or that other state, as the case may be; for that purpose to make provision for data protection and, in that regard, to amend the Data Protection Act 1988; to amend the Criminal Justice (Mutual Assistance) Act 2008; to amend the International Criminal Court Act 2006; to give effect to Council Framework Decision 2009/905/JHA of 30 November 2009 on Accreditation of forensic service providers carrying out laboratory activities; to amend the criminal law relating to the taking of fingerprints and palm prints from certain persons; and to provide for related matters

Last updated 20 November 2019

Sponsor
  • Minister for Justice and Equality Primary
Progress
  • First Stage
    Dáil
  • Second Stage
    Dáil
  • Committee Stage
    Dáil
  • Report Stage
    Dáil
  • Fifth Stage
    Dáil
  • Second Stage
    Seanad
  • Committee Stage
    Seanad
  • Report Stage
    Seanad
  • Fifth Stage
    Seanad Enacted
  • Enacted
    Enacted
Debates
  • Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013: Committee and Remaining Stages
    Seanad
  • Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013: Second Stage
    Seanad
  • Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013: Order for Report Stage
    Dáil
  • Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013: Report and Final Stages
    Dáil
  • Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013: Committee Stage
    Select Committee on Justice, Defence and Equality
  • Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013: Order for Second Stage
    Dáil
  • Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013: Second Stage
    Dáil
  • Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013: Second Stage (Resumed)
    Dáil
  • Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013: Referral to Select Committee
    Dáil

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