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Counter-Terrorism Bill

This amendment was debated extensively in the other place and the Government’s position has not changed. The purpose of Clause 10 is to put the power to routinely take fingerprints and non-intimate samples of controlled individuals in England and Wales on an equivalent basis to the existing police powers in relation to fingerprints and non-intimate samples taken after arrest. Clauses 11 and 12 do the same for Scotland and Northern Ireland respectively. The current procedures in England, Wales and Northern Ireland normally allow the retention of fingerprints and non-intimate samples after they have fulfilled the purposes for which they were taken. This will be under the provisions of PACE or PACE Northern Ireland, or the equivalent provisions in Schedule 8 to the Terrorism Act 2000, which also apply in Scotland. We do not believe that fingerprints or non-intimate samples taken from controlled individuals should be subject to different rules in relation to their retention. First, we consider it appropriate that fingerprints and samples of controlled individuals should be retained on the same basis as samples taken from other individuals under PACE, PACE Northern Ireland or the Terrorism Act 2000, since controlled individuals are by definition suspected terrorists. It is worth reminding noble Lords that, under those provisions, fingerprints and samples of individuals are kept even if the individual is not charged. Secondly, and related to that, the same safeguards and provisions apply as for other fingerprints or samples taken under PACE, PACE Northern Ireland or the Terrorism Act 2000. For example, the samples may be used only for certain defined purposes. Thirdly, on a practical level, the retention of these fingerprints and samples may help the police and agencies with future criminal and terrorism investigations. By retaining controlled individuals’ fingerprints and non-intimate samples, we strengthen the ability of the police to prevent, detect and investigate such crime and terrorism and we increase the chances of the individuals responsible being prosecuted. I hope that noble Lords support this, given the preference of everyone, particularly the Government, that we prosecute suspected terrorists rather than use a control order on them. Noble Lords will be well aware that there have been many successful prosecutions of serious criminal offences as a result of retaining samples that would previously have been destroyed. Lastly, we do not in any case think it appropriate to debate the wider issue of retention of fingerprints and samples contained in PACE, PACE Northern Ireland or the Terrorism Act 2000 generally in this specific narrow context. That does not mean that there is not a case for a wider debate, as we discussed earlier.