Government plans to establish a database that will retain DNA samples of suspects, convicted persons and people who give samples voluntarily lack sufficient safeguards to protect people's rights and avoid potential miscarriages of justice, the State's human rights watchdog has warned.
The Irish Human Rights Commission says that while it acknowledges the potential of a DNA database in helping to fight crime, it has serious concerns about its impact on human rights.
In particular, it warns that the retention of DNA samples for an indefinite period of time of people who remain innocent before the law is an "unacceptable invasion of the right to privacy".
It also cautions against the routine use of mass DNA screenings of people in Garda investigations and insists that anyone offering a DNA sample should have access to legal advice. A widespread public debate is essential to ensure people fully understand the implications of this new technology before a DNA database is established, the commission adds.
The observations are contained in a document seen by The Irish Timeswhich was sent by the commission in recent days to Minister for Justice Brian Lenihan.
The Government's plans for a DNA database are contained in the Criminal Justice (Forensic Sampling and Evidence) Bill, which is due to be published later this year.
It will provide for a single comprehensive statutory regime in relation to DNA sampling for criminal investigations. The database will also be available as an intelligence tool for the Garda.
Under the legislation, the collection of DNA samples will be mandatory for suspects and convicted persons. The provision of samples will be on a voluntary basis in the case of mass screenings. Samples are generally given by way of a mouth swab or a strand of hair.
The use of DNA in criminal trials is on the increase, although security experts say it will rise dramatically once the database is established.
In the UK - which already has a DNA database - mass screenings have been used in villages and neighbourhoods as part of police investigations into serious crimes such as rape and murder.
The commission says further steps are needed to ensure proper accountability and monitoring in the use of DNA technology. The integrity of DNA use in criminal trials will depend on this, it says.
A key issue of concern is the proposed retention of DNA of suspects who are later found to be innocent. It says this is not the norm in Europe or farther afield. The commission recommends the removal and destruction of these samples as soon as possible after the conclusion of legal proceedings.
