By Mulengera Reporters
The Government has withdrawn the Forensic Evidence Bill, 2024, from Parliament to allow for modifications to its provisions. The Bill, tabled in November 2023, sought to institutionalize the Directorate of Government Analytical Laboratory (DGAL) under the Ministry of Internal Affairs.
Speaker Anita Among announced the withdrawal during Wednesday’s plenary session, citing a request from the Government. Using her powers to adjust the Order Paper, she created space for the State Minister for Internal Affairs, Gen. David Muhoozi, to formally move the motion to withdraw the Bill.
In his submission, Gen. Muhoozi explained that further consultations had revealed gaps that needed alignment, prompting the decision to withdraw the Bill for reconsideration. He assured Parliament that the revised Bill would be introduced afresh, though no timeline was provided.
Inside the Withdrawn Bill
The Bill aimed to establish the DGAL as a regulatory body for forensic and analytical services in Uganda. It proposed the creation of regional laboratories in eastern, western, northern, and central Uganda to enhance forensic services and provide expert advice to the Government.
Key objectives of the Bill included:
- Establishing a National Human DNA Database (NHDD) to store DNA profiles for crime investigation, prosecution, and other forensic needs.
- Regulating industrial and consumer chemicals.
- Managing the National Poison Control Centre.
The DGAL was tasked with conducting forensic analyses in areas such as toxicology, biology, DNA, ballistics, cybercrime, food safety, and environmental health. It was also responsible for regulating chemical and DNA laboratories, managing the DNA database, and ensuring compliance with forensic science standards.
Provisions on DNA Storage and Use
The Bill proposed stringent measures for handling DNA profiles, including privacy safeguards. Clause 8 of the Bill sought to establish the NHDD as the central repository for DNA records, including profiles from crime scenes, suspects, convicts, and missing persons. Private laboratories would be required to submit DNA data to DGAL for certification.
Clause 15 outlined the purposes of DNA profiling, including crime detection, prosecution, paternity testing, and identifying human remains. Violating these provisions would attract penalties of up to UGX 30 million or 15 years in prison.
The Bill also mandated the expungement of DNA profiles from the database under certain conditions, such as acquittals or decisions not to prosecute, to uphold individual privacy rights.
Proposed Penalties
The Bill outlined strict penalties for violations, including:
- Unauthorized use of DNA samples: Up to UGX 30 million fine or 15 years in prison.
- Granting unauthorized access to DNA profiles: UGX 10 million fine or 5 years in prison.
- Operating illegal laboratories: UGX 6 million fine or 3 years in prison.
- Dealing in chemicals without certification: UGX 40 million fine or 5 years in prison.
Additionally, Clause 60 proposed penalties for using analytical reports for advertising without DGAL’s consent, operating unregistered laboratories, or transporting chemicals without proper documentation.
What’s Next?
While the Government has not provided specific details on the changes to the Bill, its withdrawal signals an intent to address existing gaps and introduce a more robust framework for forensic and analytical services in Uganda. Lawmakers now await the revised Bill to determine how it will enhance investigations, improve public safety, and strengthen regulation of forensic science and chemical management-Parliament Watch. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
