The establishment of a DNA database is now only a matter of time following the publication yesterday of a Law Reform Commission report on the subject. This report was sought by the Attorney General with a view to informing the Government on the legal complexities of such an initiative, as a prelude to legislation. The Commission has recommended the setting up of such a database, albeit on a limited basis.
The advantages of having a DNA database are clear. While the Forensic Science Laboratory has been using DNA technology for over a decade, this has been applied where there are prime suspects for the crime under investigation. It has been successful in solving certain crimes, including some old ones, like the murder 18 years ago of Phyllis Murphy. More crimes could be solved if a database were in existence and the Director of Public Prosecutions and the Garda Síochána have argued for one.
A database can identify the links between crimes, by analysing the stains - blood, saliva, grease and other bodily fluids - left at the scene by serial offenders. It can exclude from an investigation those on the database whose samples do not match those found ar the scene of a crime. It can identify a person not previously identified as a suspect but whose DNA profile has earlier been registered on the database.
Concerns have been raised, however, about the invasion of a person's bodily integrity be forcibly taking a sample, and about the extent of the taking of samples. Should there be a national DNA database, for example, of all residents in the State? If not, who should be selected for inclusion and on what basis? Should samples be retained indefinitely or for a limited period?
The Law Reform Commission has attempted to strike a balance between the conflicting demands of fighting crime and upholding an individual's human rights and concluded that a limited database should be established. This should include samples from those convicted of serious crimes, samples from suspects and from volunteers who come forward during the investigation of a serious crime in order to be eliminated from inquiries. The two latter categories of samples would be removed from the database after 12 months, unless the person gave specific, informed consent to its retention.
The Commission also proposes that stringent safeguards be put in place to ensure that the data collected is only used for the purposes intended, and recommends that a new body, a Forensic Science Agency, is created to oversee all aspects of the project. The Government should follow through promnptly and trable legislation.