13 June 2006
Question proposed: "That the Bill be now read a Second Time."
Minister of State at the Department of Justice, Equality and Law Reform (Mr. Fahey): The purpose of this Bill is to give effect in Irish law to the provisions of the Statute of the International Criminal Court, done at Rome on 17 July 1998, otherwise known as the Rome statute.
I am happy to hand over to my colleague, Senator Henry.
Dr. Henry: I welcome the Minister of State to the House and welcome this Bill which has had a long gestation. It entered the Houses in 2003, so it is good to have at this Stage. I hope the Department will now show a sense of urgency with regard to the ratification of the UN convention on biological weapons, something for which we have been waiting a long time.
I am glad Senator Cummins mentioned the countries that did not initially sign the Rome statute. I am glad also that everybody hopes that we will use our influence on the United States of America to return to the court. The US belonged briefly to it when President Clinton signed, but unfortunately President Bush removed the country from it.
It has been suggested that the Bill should raise the age of enlisting to 18. This would be wise because of our legislation in other areas.
I have concerns about other aspects of the Bill, particularly Part 5, and intend to put forward amendments to deal with those concerns. For example, section 50(1) proposes that a nail or any material found under a person's nail may be considered a bodily sample. I would be dismayed to think we would remove anybody's nail. It should be a "nail clipping" which would be just as useful to whoever sought the bodily sample. It would be wrong to remove a nail from someone.
The Bill also provides that a doctor will be someone whose name is on the general register of medical practitioners. That is good, but will people on temporary registers also be included? It is important to clarify that point.
The Bill also provides that identification evidence may include a fingerprint, palm print, photograph or bodily sample from a person or any related records. We should include photograph of the iris in this section as these records are frequently used as a final method of identification.
With regard to sending samples of hair, other than pubic hair, for identification purposes, cut hair may be useful for matching hair, although if the hair has been dyed it is more difficult. However, it is important to realise that plucked hairs may be what is required, because material from the hair follicle is necessary for DNA matching.
These are some areas on which I will propose amendments, but in general I welcome the Bill. Although there has been some criticism of it, it fits in with our legislation and I hope it will be enacted as soon as possible.
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