Policing and Crime Bill

It seems that the Government have withdrawn their proposals for the retention of DNA samples. It would be nice to think that this was in response to the almost universal outcry against them. They could have replaced them with something better that would not have taken a great deal of parliamentary time. We on these Benches were gratified when the European Court of Human Rights’ judgment obliged the Government to take note of what we had been saying for such a long time; namely, that the approach that the Government were pursuing on DNA was wrong. Therefore, we were disappointed when the Bill appeared and the inadequacy of the Government’s response became clear. Rather than accepting the judgment and the force of opposition arguments, combined with the weight of expert advice from a huge variety of experts and independent bodies, the Government have sought to kick the issue into the long grass in the hope that it will disappear from the front pages, which we doubt. The problem was that we were presented with nothing more than a framework power, giving the Secretary of State the power to introduce whatever he wanted via secondary legislation. It is not surprising that this has come in for criticism from all sides. The Joint Committee on Human Rights and the Delegated Powers and Regulatory Reform Committee have both raised serious concerns about proceeding in this way. Not only would it have denied to both Houses of Parliament the chance to scrutinise the Government’s proposals properly, it would have left the long-term development of the DNA database open to unacceptable levels of uncertainty. The Government seem finally to have accepted that this is not a way to proceed and have withdrawn the proposals. Our problem is that the effect of withdrawal and no replacement in legislation results in yet further delay. The relevant judgment occurred in December last year; the consultation on the Government’s recommendation closed at the beginning of August—more than two months ago—and the whole matter has been debated for several years. The Government could have acted administratively to change policy without waiting to change the law, but they have chosen not to. We have a good template in the legislation passed in Scotland. It has an alternative system, there is available a wealth of expert advice and recommendations from a huge variety of bodies—including the Government’s non-departmental public body, the National DNA Database Ethics Group—as well some extremely experienced and capable NGOs. We have a body of experience and plenty of advice. On these Benches we do not see any reason for further delay. This concerns us, because it has been going on for a long time. We certainly accept what the Government have chosen to do, but we intend to return at Report to seek the insertion of Conservative proposals for the future of the DNA database. Their key point is that DNA taken from innocent people will be retained only in certain cases involving sexual and violent offences—and then for only up to five years, rather than indefinitely. I beg to move.