Paste Source of Law
When discussing law we refer to the rules which are established by the state upon its members. Law allows us to maintain order, resolve disputes, it protects our rights and regulates human conduct. Ireland follows Common Law.
Sources of law is divided into Historical sources of law and Legal sources of law. Historical involves common law and equity and legal refers to the way in which law has been enforced. There are five main sources of law in Ireland; The Irish Constitution 1937, the legislation or statute law, the delegated or subordinated legislation, EU Law and Judicial Precedent. The Irish Constitution 1937 which gives us rights and protects us. It also highlights our independence ‘ e.g. freedom of speech. Any new law that does not agree with what the Constitution states cannot be introduced. Legislation or statute law are laws made by the Irish parliament (the Oireachas) and put into effect upon society. There are primary and secondary legislation. The statute law is primary legislation – the main act itself.The subordinated legislation is delegated to local authorities by the Oireachas in the forms of Statutory Instruments, Rules and Orders, By-laws and Regulations. It is the secondary legislation. EU Law was brought in to Ireland when Ireland joined the EU in 1973. The laws are made for us and the EU Law has supremacy over domestic, national law. Finally the Judicial Precedent is where the judge makes the law. Precedent means ‘What’s come before will be used again’ therefore allowing Judges to follow previous cases. Any decision made by a higher court us a biding precedent.
History of the Law in the Area
Former Minister of Justice Alan Shatter first introduced Criminal Justice (Forensic Evidence and DNA Database System) Act Bill in 2013 to members of the Dail to replace the Criminal Justice (Forensic Evidence) Act 1990 and the Criminal Justice (Forensic Evidence) Act 1990 (Amendment) Regulations 2008.
It was brought in to help and guide the Garda Siochana in crime scenes such as rape, homicides, assaults, burglary and sexual offences. The DNA Database System allows the Gardai to investigate and prosecute criminals, identify missing people and to convict the guilty, exonerate the wrongly accused and help solve cases that were previously unsolvable. The details perpetrators of serious crimes will also be on the DNA Database. It will also be easier to link suspects to particular crime scenes.
Ireland is extremely behind in terms of the introduction of this law. DNA Database is already well established in many countries such as United States of America and the United Kingdom and the majority of European countries. Ireland was one of the last few countries in the EU that didn’t have a DNA Database.
Purpose of the Act
The purposes of this Act according to justice.ie and many other sites was to replace and reform the existing statutory laws governing the taking of samples as forensic evidence for testing from suspects in criminal investigations. To provide the establishment of DNA Database System for use by the Garda Siochana as a source for criminal investigations and to assist them in finding and identifying missing or unknown individuals.
Development of the Act
The Criminal Justice (Forensic Evidence and DNA Database System) Act Bill was introduced to the Dail in 2013 by the former Minister of Justice Alan Shatter. As any other legislation, it was discussed and voted on by the members of the Dail which consisted of the government, Fianna Fail, Sinn Fein, Independent, Labour and People before Profit. It was very successful and gained massive support which led to the Bill being passed and signed by the President on the 22nd of June 2014 making it become an official act. The present Minister of Justice Frances Fitzgerald signed for the Act to commence on 20th of November 2015. The Act contains 172 sections, 13 parts and 4 schedules.7
Although Forensic testing of bodily fluids of suspects in criminal investigations was already legalised under the Criminal Justice (Forensic Evidence) Act 1990 and it wasn’t until 2014 that the development of the DNA Database System Act was enacted to assist Garda” with investigations and identifications. The DNA Database is computer database which will contain DNA profiles of perpetrators and suspects which will help with investigations and later on prosecutions. There are two divisions of DNA Database which are the investigation division and the identification division. The Investigation Division matches a DNA profile taken from an individual to an unidentified profile taken from a crime scene. It is split into three indexes; the reference index, the crime scene index and the elimination index. The Reference index consists of DNA profiles of individuals whose DNA has been taken under the 2014 Act and previous DNA Samples taken under the Forensic Evidence Act 1990 excluding children under the age of 14 and protected individuals who are unable to give consent due to injury or illness. Crime Scene Index contains DNA samples taken from crime scenes. Elimination Index contains DNA samples from the Garda” and officials to check if the DNA Sample from the crime scene has been contaminated. The Identification division helps identify missing or deceased people or unknown people who suffer from a severe illness or injury and as a result are unable to identify themselves
The DNA Database was established in the Forensic Science Ireland of the Department of Justice and Equality (FSI) in Phoenix Park. According to many reports online ‘1.3 million was distributed to the FSI to obtain the most modern technology and for a new staff specialised in this area to manage the new database systems. A Director was also appointed in FSI to operate the DNA Database under this Act.
Impact of the Act in Society
As presumed, the Act had a positive impact in society. According to Irish Independent the Act achieved its aim to assist the Garda” with investigations as it helped the Garda” solve 215 unsolved crimes. Over 2,000 crime scene samples and 2,500 samples from individuals have been uploaded onto the database. The public were also very interested in the creation of the DNA Database as it was long overdue. Also many more burglars are now being caught
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