The DNA profiles of those convicted of a crime, and of people suspected of having committed serious crimes, should be allowed to be retained on a database indefinitely, according to the Law Reform Commission (LRC).
This would mean that if a crime was committed where evidence such as blood or semen was left at the scene, this could be matched against the profiles in the database, which could assist in the identification of the perpetrator.
These are among the provisional recommendations of the LRC in a consultation paper being published later today. The commission was asked to examine the matter by the Attorney General, and the paper will now be circulated for further discussion and submissions before a final report is drawn up as the basis for future legislation.
At present, there is no DNA database in Ireland, though databases have been established in a number of countries for the purpose of assisting in the investigation of crime.
The Minister for Justice, who is launching the paper tonight, has spoken of the usefulness of DNA databases in crime investigation.
However, concerns have been expressed by the Irish Council for Civil Liberties, and other human rights organisations, about their potential human rights implications.
The LRC paper draws a distinction between a DNA profile and a DNA sample.
A sample contains the whole of a person's DNA, with all of an individual's genetic information.
The DNA profile, which is extracted from the sample, is believed to contain very little personal information, apart from parentage and relatedness. This is then used to pinpoint the likely identity of a person who left a DNA sample - for example, blood or semen - at a crime scene.
The commission recommends that only DNA profiles, and not the full sample, may be retained on the DNA database.
It also says that DNA profiles of people not convicted or suspected of crimes should only be retained on the database if they consent. DNA samples obtained directly from individuals during a criminal investigation for the purpose of comparison, where the person was then eliminated from the investigation, should be destroyed after the conclusion of the case.
A mass screen for such samples should only be conducted if a Garda superintendent approves, while DNA crime scene samples should be retained indefinitely, according to the LRC paper.
The commission also recommends the setting up of an independent Forensic Science Agency, incorporating the existing Forensic Science Laboratory.
This would hold the samples. It should be subject to independent oversight, there should be strong measures to protect the samples and database from any external intrusion, and it should be an offence to misuse them, according to the paper.
In all court cases where it is sought to rely on DNA evidence alone, the jury should be warned of the dangers of convicting on this evidence without any supporting evidence, the LRC recommends.