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Policing and Crime Bill

I admire the Minister's elegant attempt to stay on the front foot on this issue, but let us be clear: this is a retreat. The Government had wanted to grow the DNA database as a primary policy principle, but they cannot do that now. They wanted to retain profiles on people arrested but never charged with or convicted of any offence, but they have now accepted that they can no longer do that, and hold such information for ever and a day. They also wanted to hide retention away in an order-making power that would have given huge discretion to Ministers, but they have been thwarted by the Lords amendments before us this afternoon. Finally, they have had to move away from proposals they made only a few weeks ago to retain for 12 years DNA profiles on those arrested for certain offences. It is absolutely right, therefore, that the order-making power should be withdrawn from the Bill. Indeed, as we said clearly, it should never have been in the Bill. We can look, too, at how the provision was withdrawn—on almost the last day of the Bill's consideration in the House. There is little doubt about the importance of DNA as an evidential tool in prosecuting and bringing crimes to justice. DNA data can form an important part of the evidential case to prove guilt and ensure that serious criminals are brought to justice. The fight against crime, in particular certain serious crimes, depends on the use of modern scientific techniques, but a balance has to be struck between the interests of the community in preventing and detecting crime and the freedom of the individual. The Government have been on the wrong side of the line and their delay in responding to the S and Marper judgment raises a question about their commitment to deal with such a sensitive issue. The Government are—belatedly—seeking to respond. To be fair to Ministers, the proposals announced by the Home Secretary are a slight improvement on their previous position, but his statement raises a number of issues. The changes do not go as far as we would like. It is important to examine the statement to understand where the Government are moving now that they are withdrawing those clauses. The Home Secretary said that since the publication of the consultation document earlier this year the Home Office had sought to further the evidence base with additional research. Could the Minister explain what additional research has been undertaken? I am aware of the publication of the document on the Home Office website on DNA retention policy—the re-arrest hazard rate analysis—but as the Minister will be aware, it was discovered that the original scientific approach proposed in the consultation document had not been peer-reviewed, so it was premature to put it out in that form. Indeed, the document that has now been published accepts in part that line of argument. Can the Minister explain who prepared that work? What analysis was made? Was it peer-reviewed? What tests have been applied as to the robustness of the new document that was published alongside the Government's latest proposals? It is important to understand that, because yesterday the Home Secretary suggested that we could reduce the retention periods and that we might look at what might be described as arrest to arrest analysis, rather than the arrest to conviction approach in the original proposals. Can the Minister explain the basis for that change of view and the change in approach? The new analysis notes that there are still some important caveats. The document says that there is still some uncertainty about the line that has now been set—the six years—so it would be interesting to hear from the Minister on that point. In changing their view yet again, the Government have acknowledged that even their revised proposals may not be compliant with the S and Marper judgment and the European convention on human rights. The Home Secretary said that although""the ECHR suggested that the seriousness of the alleged offence should be a factor in determining what length of retention was proportionate"—[Official Report, 11 November 2009; Vol. 499, c. 26WS.]—" he claims that the evidence indicates that such an approach should not be taken. Obviously, there is a risk that the new approach the Government have decided to adopt may not be compliant with the European convention on human rights, so it will be interesting to hear whether the Minister has obtained further legal advice in that regard. We understand that the Government propose to introduce dilution and greater transparency in the existing discretion of chief police officers to destroy DNA records that they may hold. Can the Minister give any indication of the likely factors? Will there be a right of appeal in those circumstances? We will consider the distinction that has been drawn in relation to terrorism and national security, but will the Minister explain whether there will be any judicial oversight on the initial assessment that will be undertaken in such cases? I understand from the statement that there is intended to be a two-year rolling review thereafter by a senior police officer, but will there be any oversight or appeal? What rank of officer will undertake that review? It is important to understand the approach that the Government are now seeking to take in moving away from their previous position. Equally, how quickly do the Government anticipate that the changes will be implemented? Obviously, it is now a year since the S and Marper judgment, so it would be interesting if the Minister gave some clarity on how quickly they anticipate the change happening. In the interim, does the Minister anticipate issuing any revised guidance to police forces? We understand that police forces have been told effectively to carry on with data collection as though the S and Marper judgment had not happened. Again, clarification on that would be helpful to inform the debate. We believe that it is appropriate to introduce an approach to DNA retention similar to that introduced in Scotland, where the DNA profiles of those not convicted of an offence would be retained only in circumstances where charges relating to a crime of violence or a sexual offence had been brought. In those more restricted circumstances, DNA profiles could be retained for a maximum period of five years, subject to judicial oversight during the last two years—in other words, after three years. It is interesting that the Government have sought to take a different view. We disagree with the revised view that they have come up with, but we agree that the use, retention and destruction of DNA records and the oversight that sits behind it requires primary legislation to enable the full, detailed debate and examination in Parliament to take place that would have been prevented if the order-making power had been followed as the Government had originally intended. This is a significant issue. The number of profiles stored on the DNA database by police forces in England and Wales has reached more than 10 per cent. of the population of England and Wales. Yet, despite that growth, DNA detections have not grown in the same exponential way. More refinement, more focus and more attention are therefore needed. That is why we look forward to holding the debate when we return in the next Session and to the Government finally setting out their views in detail, finally starting to address the underlying fundamental issues and changing the approach that previously existed that certainly appeared to treat us all as potential suspects.