DNA Database System Oversight Committee 2017 Annual Report
Contents Page Section 1: Membership of the DNA Database System Oversight 2 Committee Section 2: Chairperson s Statement 3 Section 3: Overview of Forensic Science Ireland..4 Section 4: Functions of the Oversight Committee.6 Section 5: Work of the Oversight Committee.7 Section 6: Findings of the Oversight Committee 8 Appendix A :Section 71-74 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 10 1
Section 1: Membership of the DNA Database System Oversight Committee The DNA Database System Oversight Committee consists of six members. The composition of the Committee at the end of 2017 was as follows: The Hon. Mr. Justice Matthew Deery, Chairperson of the Committee Dr. Sheila Willis, Director General, Forensic Science Ireland (retired in June 2017) Dr. Sean McDermott, Acting Director General, Forensic Science Ireland (June to December 2017) Mr. John O Dwyer, Deputy Data Protection Commissioner Dr. Maureen Smyth, Former Director of DNA in Forensic Science Ireland Mr. Tony Quilter, Former Assistant Garda Commissioner and Former Head of the Garda Technical Bureau Ms. Deirdre Duffy, Bachelor of Law 2
Section 2: Chairperson s Statement Since its commencement on the 20 th November 2015 the DNA Database System has continued its rapid development. DNA profiling is undoubtedly the most significant development in forensic science over the past 40 years, providing as it does, an important aid to the investigation of crime. Forensic Science Ireland has provided DNA profiling on a routine basis since the early 1990 s. The DNA Database System Oversight Committee is charged under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 with the responsibilities set out in S.72 of the said Act. In furtherance of its obligations, the Committee met on three occasions in 2017. At each meeting, the Committee examined, section by section, the arrangements employed by the FSI for the receipt, handling transmission and storage of samples taken under the Act for the purpose of generating DNA profiles. In addition, it examined the procedures for ensuring that the DNA Database System was not improperly accessed, and that the information entered in the system is not used for any improper purpose. This involved lengthy visits to FSI and the Committee also viewed the procedures whereby DNA profiles generated from these samples are removed from the System in accordance with Part 10 of the Act. The Committee wish to express its sincere thanks to Mr. Christopher Enright the newly appointed Director of FSI and to all the staff who at all times were most co-operative and helpful on our visits. It has not been possible to examine Section 72 (f) and (g) of the Act as they are reliant on the DNA Database being compliant with PRUM which is not the case at present. Due to the advances in forensic science, techniques have become more sensitive which requires more elaborate anti-contamination procedures. This is recognised by Government and enabling works at a new site at Backweston in Celbridge, Co. Kildare have been completed which is most welcome. The Committee is satisfied with the operation of the DNA Database System and with the level of assistance obtained from the Directors and Staff of FSI. Matthew Deery Chairperson 3
Section 3: Overview of Forensic Science Ireland Forensic Science Ireland delivers, to best international standards, independent expert opinion, advice, training and research to support the Irish Criminal Justice system. FSI provides objective scientific evidence over a broad range of expertise which assists An Garda Síochána in the investigation of crime, the prosecuting authorities in deciding whether or not a charge should be brought, and the Courts in determining if the necessary legal standard of proof has been met. FSI also provides services to other state agencies involved in the investigation of crime e.g. Customs and Excise, Military Police. In 2015, FSI celebrated the 40 th anniversary of its establishment as the former Forensic Science Laboratory. Over that period, a formidable body of scientific experience has been built up. All of the staff, both administrative and scientific, are civil servants of the Department of Justice and Equality. The majority of the scientific staff are holders of Masters or Ph. D degrees. All routine methods employed in FSI are validated and accredited to ISO 17025 standard. FSI is subject to annual inspection by internationally recognised experts acting on behalf of the Irish National Accreditation Board (INAB). FSI contributes to the investigation of violent and sexual crime, through the application of DNA technology, to the investigation of fatal shootings, burglaries and hit and run traffic accidents, through the detection of firearm residue (GSR) and other forms of trace evidence e.g. paint, glass, textile fibres. A major part of the work of FSI is the identification of illicit drugs for the purpose of prosecutions under the Misuse of Drugs Acts. The upsurge in new psychoactive substances in recent years has posed challenges to law enforcement. Research carried out in FSI has identified many of these new substances and thus brought them within the scope of the Misuse of Drugs Acts. FSI scientists also assist investigations and court proceedings by interpreting their findings impartially in the light of the known circumstances of the offence and what is alleged to have occurred. This requires familiarity with relevant scientific literature. FSI scientists further assist An Garda Síochána by attending at crime scenes when it is considered that their presence will add value to the investigation. FSI ensures that its services meet best international standards by engaging actively in a number of international fora. FSI co-operates with Forensic Science Northern Ireland (FSNI) under the aegis of the North/South Inter- Governmental Agreement on Criminal Justice Co-Operation. FSI is a founder member of the European Network of Forensic Science Institutes (ENFSI) which brings together 62 forensic science institutes in 35 countries geographically 4
spread across Europe. ENFSI operates through a number of Working Groups which bring together specialists in particular areas. FSI is represented on all relevant Working Groups and has hosted a number of expert conferences. FSI has also led an EU-funded ENFSI project to standardise and improve the evaluation of scientific evidence across Europe. Undoubtedly the most significant development in forensic science over the past 40 years has been the introduction of DNA profiling as a tool in criminal investigation. FSI has provided DNA profiling on a routine basis since the early 1990 s. During that time, DNA evidence given by FSI scientists has played a key role in many high profile criminal trials. A further milestone was reached in June 2014 when President Higgins signed into law the Criminal Justice (Forensic Evidence and DNA Database) Act 2014. This set out the legal procedure for the establishment of the National DNA Database, named FSI as the custodian of the database, and also changed its name from the former name of Forensic Science Laboratory. The need for a new purpose built forensic science laboratory appropriate to the States requirements is long-standing. The construction of the new laboratory is being managed by the Office of Public Works and it is anticipated that the new laboratory will be ready in 2020/21. An enabling works package commenced in advance of the main works and these works are now complete. Completion of the new facility will give FSI the additional space and environmental conditions required to house the rapidly changing DNA technologies and allow for the necessary expansion of the National DNA Database. The new facility will also give the flexibility required to add additional work streams to increase productivity and shorten time frames for delivery of cases and the ability to engage in research and development to expand the range of services. 5
Section 4: Functions of the Oversight Committee Section 71 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 provides for the establishment of a committee to carry out a range of functions as specified in Section 71 to 74 of the Act. The Committee shall oversee the management and operation of the DNA Database System for the purposes of maintaining the integrity and security of the System and shall, for those purposes, satisfy itself that the provisions of the Act in relation to the System are being complied with. The Committee shall oversee (a) the arrangements employed by the Director of FSI in relation to the receipt, handling, transmission and storage of samples taken under this Act for the purpose of generating DNA profiles for entry in the DNA Database System, (b) the procedures employed by the Director of FSI in relation to the generation of DNA profiles from the samples taken under this Act, and the quality control and quality assurance of those procedures, to ensure that they comply with international best practice, (c) the measures employed by the Director of FSI to ensure that the DNA Database System is not improperly accessed by any person, that the DNA profiles and information entered in the System are used only for the purposes permitted by this Act and that they are not improperly disclosed to any person, (d) the means by which the results of searches of the DNA Database System are reported by the Director of FSI to the Garda Síochána, the Ombudsman Commission or a coroner, as may be appropriate, (e) the practices and procedures employed by the Director of FSI to ensure that samples taken under this Act for the purpose of generating DNA profiles for entry in the DNA Database System are destroyed, and the DNA profiles generated from those samples are removed from that System, in accordance with Part 10 of the Act. (f) the practices and procedures employed by the Director of FSI in the operation of Chapters 2 and 7 of Part 12 of the Act, and (g) the practices and procedures employed by the Director of FSI in the operation of section 4 of the Act. 6
Section 5: Work of the Oversight Committee The Committee held three meetings during 2017, viz., 8 March, 13 September and 13 December 2017. The work of the Committee in 2017 focused on examining the policies and procedures with reference to S.72 (2) (e) of the Act. At each meeting of the Committee, detailed statistical information was provided by Forensic Science Ireland with regard to the operation of the DNA Database including the numbers of samples taken, the profiles of matches and samples taken and the number of cases solved as a result of DNA matches. At the meeting on 8 March 2017, with reference to S.72 (2) (e), the Committee members examined the practices and procedures employed by the Director of FSI to ensure that samples taken under this Act for the purpose of generating DNA profiles for entry in the DNA Database System are destroyed, and the DNA profiles generated from those samples are removed from that System, in accordance with Part 10 of the Act. The Committee was satisfied with the practices and procedures in place with regard to the destruction of samples. At the meeting of 13 September 2017, updates in relation to the PRUM project and the construction of the new forensic science laboratory were provided. It was agreed that these matters would be kept on all future agendas of the Oversight Committee. With regard to the samples taken under Section 41 and 42, the Committee wrote to the Garda Commissioner requesting statistics as indications are, that the uptake on this sampling is still quite low. The Committee members visited the National Forensic Co-ordination Office (NFCO) on 13 December 2017 and reviewed the processes and procedures associated with the destruction of samples. The Committee was satisfied with these procedures and had no concerns. The Committee would like to express their appreciation to the staff of the NFCO for their co-operation to date and look forward to continued interaction with the NFCO in the future. 7
Section 6: Findings of the Oversight Committee 1. The Committee was satisfied with the management and operation of the DNA database with regard to S.72 (e) namely the practices and procedures employed by the Director of FSI to ensure that samples taken under this Act for the purpose of generating DNA profiles for entry in the DNA Database System are destroyed, and the DNA profiles generated from those samples are removed from that System, in accordance with Part 10 of the Act. 2. Section 72 (f) and (g) are reliant on the DNA database being compliant with PRUM, this is not the case at the moment so it was not possible for the Committee to examine (f) and (g). EU Council Decisions 615/2008 and 616/2008 provide for automated exchange of DNA, fingerprint and vehicle registration data between EU member states. With regard to DNA, testing of the new system is complete and it is anticipated that the evaluation stage will commence shortly. Once up and running the Committee can examine this with regard to Section 72 (f) and (g). 3. Findings to date highlight the value of the DNA Database System to fighting crime. The database is being populated with samples taken from persons suspected or convicted of serious crime and from crime scenes. The number of person samples added since the establishment of the database up to end of December 2017 is 21,330. Two potential matches can occur when an additional profile is added to the database a crime stain can match another crime stain, suggesting a link between crimes; or the crime stain can match to a person suggesting a link between the person and the crime. Overall, the DNA Database identified 601 hits in 2017 which assisted in 913 cases. In order to further enhance the working of the database, the Committee evidenced the need for additional staff and IT systems. Additional staff are being recruited and IT systems have been upgraded. 4. The commitment to the construction of the new forensic science laboratory at the Backweston campus is welcomed. However, the Committee is disappointed with the delay to the tendering of this project. It is noted that due to recent changes in international forensic laboratory standards, it was necessary to add further material to the tender documentation. The Committee would like to reiterate the need for this new Forensic Science laboratory appropriate to the State s 8
requirements and look forward to the issue of these tender documents as soon as possible. 5. Sections 41 and 42 of Part 5 of the Act refer to the taking of samples from Garda Síochána personnel and crime scene investigators. Statistics provided to the Committee would indicate that the uptake on this sampling has been quite low, most recent statistics indicate that 1,418 members have been sampled to date. The Committee will continue to keep this matter under review. 9
Appendix A Section 71-74 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 DNA Database System Oversight Committee 71 (1) Upon the commencement of this section, a committee which shall be known as An Coiste Formhaoirsithe um an gcóras Bunachair Sonraí DNA or, in the English language, as the DNA Database System Oversight Committee (in this Act referred to as the Committee ) shall stand established to perform the functions assigned to it by this Act. (2) Subject to this Part, the Committee shall be independent in the performance of its functions. (3) Schedule 1 shall have effect in relation to the Committee. Functions of Committee 72. (1) The Committee shall oversee the management and operation of the DNA Database System for the purposes of maintaining the integrity and security of the System and shall, for those purposes, satisfy itself that the provisions of this Act in relation to the System are being complied with. (2) Without prejudice to the generality of subsection (1), the Committee shall oversee (a) the arrangements employed by the Director of FSI in relation to the receipt, handling, transmission and storage of samples taken under this Act for the purpose of generating DNA profiles for entry in the DNA Database System, (b) the procedures employed by the Director of FSI in relation to the generation of DNA profiles from the samples taken under this Act, and the quality control and quality assurance of those procedures, to ensure that they comply with international best practice, (c) the measures employed by the Director of FSI to ensure that the DNA Database System is not improperly accessed by any person, that the DNA profiles and information entered in the 10
System are used only for the purposes permitted by this Act and that they are not improperly disclosed to any person, (d) the means by which the results of searches of the DNA Database System are reported by the Director of FSI to the Garda Síochána, the Ombudsman Commission or a coroner, as may be appropriate, (e) the practices and procedures employed by the Director of FSI to ensure that samples taken under this Act for the purpose of generating DNA profiles for entry in the DNA Database System are destroyed, and the DNA profiles generated from those samples are removed from that System, in accordance with Part 10, (f) the practices and procedures employed by the Director of FSI in the operation of Chapters 2 and 7 of Part 12, and (g) the practices and procedures employed by the Director of FSI in the operation of section 4. (3) The Committee shall, in the performance of its functions under subsections (1) and (2), make such recommendations as it considers appropriate in relation to the management and operation of the DNA Database System to the Minister and the Director of FSI, as may be appropriate. (4) The Committee may, and if so requested by the Minister shall, review any matter relating to the management and operation of the DNA Database System and shall submit a report in writing of any such review to the Minister. (5) Subject to subsections (6) and (7), the Minister shall, as soon as practicable after receiving a report under subsection (4), cause a copy of it to be laid before each House of the Oireachtas and to be published in such manner as the Minister considers appropriate. (6) The Minister may, when laying a copy of a report received by him or her under subsection (4) before each House of the Oireachtas or publishing the report, omit any matter from the copy of the report that is so laid or published if he or she is of opinion that the disclosure of the matter (a) would be prejudicial to the security of the DNA Database System, the security of the State or the investigation of criminal offences, or (b) may infringe the constitutional rights of any person. 11
(7) If a matter is omitted in accordance with subsection (6) from a report received by the Minister under subsection (4), a statement to that effect shall be attached to the copy of the report when it is laid before each House of the Oireachtas or is published. Cooperation with Committee 73. (1) The Director and the other members of the staff of FSI shall cooperate with the Committee in relation to the performance by the Committee of its functions under this Act. (2) The Director and the other members of the staff of FSI shall, for the purposes of subsection (1) furnish the Committee with such information as it may request and which, in the opinion of the Committee, is required for the performance of its functions. (3) The Committee may, whenever it considers it appropriate to do so, request the Garda Síochána and the Ombudsman Commission to furnish information to it that is required for the performance of its functions under this Act. (4) The Garda Síochána and the Ombudsman Commission shall comply with a request under subsection (3). (5) Nothing in any other enactment shall prohibit the disclosure of relevant factual information either to or by the Committee. Annual report of Committee 74. (1) The Committee shall as soon as may be, but not later than 6 months, after the end of each year make a report in writing to the Minister regarding the performance by the Committee of the functions assigned to it by this Act during that year. (2) A report under subsection (1) shall include information in such form and regarding such matters as the Minister may direct. (3) Subject to subsection (4), the Minister shall, as soon as practicable after receiving a report under this section, cause a copy of it to be laid before each House of the Oireachtas and to be published in such manner as the Minister considers appropriate. (4) Subsections (6) and (7) of section 72 shall, with any necessary modifications, apply to a report received by the Minister under this section as 12
they apply to a report received by him or her under subsection (4) of that section. (5) Notwithstanding subsection (1), if, but for this subsection, the first report under this section would relate to a period of less than 6 months, the report shall relate to that period and to the year immediately following that period and shall be made as soon as may be, but not later than 6 months, after the end of that year. 13