New registration law contingent on the DNA draft Bill

BY ALICIA DUNKLEY Sunday Observer staff reporter dunkleya@jamaicaobserver.com

Sunday, December 13, 2009

EVEN as the Bruce Golding-led administration has promised to introduce legislation making it mandatory for fathers to be named on their children's birth certificates by early next year, Central Kingston Member of Parliament Ronald Thwaites says men must be brought up to speed.

"It needs to be stated clearly that from now on there will be no more jackets, no more bastards. Men are going to have to stand up for their children and women are going to have to move the burker of secrecy and disclose those with whom they have parented children. Two parents for each child," Thwaites said.

Responding to questions posed by the Central Kingston MP with regard to the timeline for the statute, Golding on Tuesday told Parliament that the bill was now being drafted, in addition to legislation to provide for the taking of DNA samples from men who deny paternity, and other purposes.

"The legislation is therefore contingent on other legislation to regulate the taking of DNA samples and their admissibility as evidence. In that regard, a draft bill to provide for the collection and use of DNA data for evidence purposes was completed by the Chief Parliamentary Counsel on November 16, 2009 and will shortly be submitted to Cabinet," the prime minister explained.

He was, however, reluctant to give a definite timeline.

"This can only work once we have the DNA legislation in place. That is going before Cabinet shortly. We have one Cabinet meeting left before Christmas and I cannot guarantee you that it will get in before the new year so it is possible we won't consider that until January," he said.

The PM pointed out that while the proposed legislation would require the name of the father to be included on the record of birth, provision would have to be made for instances in which it is not possible for the father to be identified.

"The defect which the legislation will seek to correct situations where the purported father is identified but withholds the currently required consent for his name to be recorded.

"I have not been briefed as to whether, in the issues that pertain to the DNA draft bill there are any concerns that have not been fully addressed and to the extent that that would have to either precede or go parallel with the legislation to deal with the inclusion of the father's name," Golding said.

Thwaites, who said he was "disquieted" by the disclosure, suggested that the statutes be taken singly.

"The issue to do with the mandatory DNA testing for putative fathers is going to be part of a broader question of the use of DNA for evidential purposes, which is likely to be very complex.

"I am suggesting that for the purpose of convenience, detach those two things but in the meanwhile, it is necessary for us to state very clearly the direction in which government policy is taking us," he said.

The intent of the bill is to mandate that at the time of registration, the father's name is stated.

If the individual, however, refuses to consent, that person will be given an opportunity to challenge the assertion, the ultimate determination of that being a DNA test. The legislation will provide a framework for the taking of the sample, the custody of the sample and measures to ensure that the integrity of that sample cannot be compromised.

A DNA Register will be established simultaneously with the passage of the legislation for instances in which DNA will be needed for evidence.

"There is provision that the State will be required to retain DNA samples in cases that involve criminal conviction and there is a whole regime to govern the management of those samples. It is not intended to maintain a data bank of every person whose sample is taken, only in relation to criminal matters," Golding informed the House.

The PM is to engage the Registrar General's Department and the Jamaica Information Service regarding a public education campaign to prepare persons prior to the passing of the legislation.

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New registration law contingent on the DNA draft Bill