48. (1) A sample may be taken under this section—

(a) in accordance with subsection (5) in relation to a missing person who is missing in circumstances referred to in subsection (2), or

(b) from a person who is a relative by blood of a missing person,

for the purpose of generating a DNA profile in respect of the person concerned to be entered in the missing and unknown persons index of the DNA Database System to assist with finding or identifying the missing person.

(2) A sample may be taken under this section for the purposes of the investigation by the Garda Síochána of the disappearance of a missing person if—

(a) a member of the Garda Síochána not below the rank of inspector is satisfied that the circumstances of the disappearance so require, or

(b) following a natural or other disaster, one or more persons are missing.

(3) A sample may be taken under this section only if a member of the Garda Síochána not below the rank of inspector authorises it to be taken.

(4) An authorisation under subsection (3) shall not be given unless the member of the Garda Síochána giving it believes that the taking of the sample concerned, the generation of a DNA profile from the sample in respect of the person concerned and the entry of the DNA profile in the missing and unknown persons index of the DNA Database System may assist with finding or identifying the missing person concerned.

(5) In the case of a missing person, a sample of biological material from which a DNA profile may be generated may be taken under this section from the clothing or other belongings of the person or from things reasonably believed to belong to, or to have been used by, the person or with which the person was reasonably believed to have been in contact.

(6) Subject to sections 53 and 55 , a member of the Garda Síochána or an authorised person shall inform a person referred to in subsection (1)(b) of the following before taking, or causing to be taken, a sample under this section from him or her:

(a) that an authorisation to take the sample has been given under subsection (3);

(b) that the person is not obliged to have a sample under this section taken from him or her;

(c) in a case in which a sample already taken under this section from the person has proved to be insufficient, was inadequately labelled or for any other reason mentioned in section 50 a second or further sample is required to be taken from him or her—

(i) that the first-mentioned sample has proved to be insufficient, was inadequately labelled or that other reason for requiring a second or further sample under this section to be taken, as may be appropriate, and

(ii) that a second or further sample is, in accordance with section 50 , to be taken from him or her;

(d) that the sample will be used to generate a DNA profile in respect of the person to be entered in the missing and unknown persons index of the DNA Database System and the effect of such an entry; and

(e) that the sample may be destroyed, and the DNA profile in respect of the person entered in the missing and unknown persons index of the DNA Database System may be removed from the System, in accordance with Part 10.

(7) Subject to sections 54 and 56 , a person referred to in subsection (1)(b) shall, before a sample is taken from him or her under this section, consent in writing to the taking of the sample and the consent shall specify the name of the missing person in connection with whose disappearance the sample is being taken.

(8) Subject to this Act, a member of the Garda Síochána or an authorised person may take, or cause to be taken, in relation to a missing person or from a person referred to in subsection (1)(b) a sample under this section.

(9) Subject to section 58 , if a person referred to in subsection (1)(b) expressly withdraws consent given under subsection (7) (or if the withdrawal of that consent can reasonably be inferred from the conduct of the person) before or during the taking of a sample under this section, that withdrawal of consent shall be treated as a refusal to give consent to the taking of the sample under this section.

(10) A withdrawal under subsection (9) of consent given under subsection (7) shall be confirmed in writing as soon as practicable after such withdrawal.

(11) A sample relating to a missing person taken before the commencement of this section that is in the possession or control of the Garda Síochána or the Director of FSI arising from the investigation of the disappearance of the missing person (whether or not taken by a member of the Garda Síochána or an authorised person) may be regarded as a sample taken in relation to the missing person under this section and subsections (1) to (5) shall apply, with any necessary modifications, to the sample.

(12) A sample taken before the commencement of this section from a person who is a relative by blood of a missing person that is in the possession or control of the Garda Síochána or the Director of FSI arising from the investigation of the disappearance of the missing person (whether or not taken by a member of the Garda Síochána or an authorised person) may, subject to the following, be regarded as a sample taken from the person under this section:

(a) where the person from whom the sample was taken is deceased, subsections (1) to (4) shall, with any necessary modifications, apply to the sample;

(b) in any other case, this section, other than subsection (8), shall, with any necessary modifications, apply to the sample.