Policing and Crime Bill

My Lords, I sense that sometimes we are damned if we do and damned if we don’t. Returning the DNA and fingerprints of those arrested but not convicted is an important topic that deserves the full attention of all of us involved in the legislative process. Since the European Court of Human Rights reached its decision in the case of S and Marper v the United Kingdom last December, the Home Office and its criminal justice partners have been working hard to produce a proportionate and effective framework for the retention and disposal of DNA and fingerprints. As many noble Lords will be aware, and as the noble Baroness commented, the then Home Secretary, my right honourable friend the Member for Redditch, launched a public consultation in May this year. The Government have always acknowledged that there is a case for saying that the detail of the retention periods should be set out in primary legislation. However, against that we have had to weigh the importance—we have just been chastised about it—of responding to the European Court of Human Rights judgment within a reasonable timeframe. We judged that the approach taken in the Bill provided a sensible opportunity for us to demonstrate our commitment to implementing the judgment, to consult swiftly but thoroughly on the detail of the policy and to give Parliament an opportunity to approve this through the affirmative resolution procedure. Over the summer, we have carefully considered the views expressed by the Delegated Powers and Regulatory Reform Committee, of which I am a former member and for which I have great regard, the Constitution Committee—another committee of importance—the Joint Committee on Human Rights and Members of both Houses of Parliament. Those and the responses to the Home Office consultation document have all held our attention. Although we remain committed to implementing the judgment of the European Court of Human Rights at the earliest opportunity, we accept the concerns raised by the committee and other stakeholders and we accept the strength of feeling in your Lordships’ House. Given that strength of feeling, we feel that it is important to move forward with consensus, if possible. We therefore accept the view that this issue is more appropriately dealt with in primary legislation and have decided to invite Parliament to remove Clauses 96 to 98. As soon as parliamentary time allows, we will bring forward appropriate measures which will place the detail of the retention periods in primary legislation, allowing full debate and scrutiny of the issue in both Houses. I heard what the noble Baroness, Lady Neville-Jones, said about bringing forward proposals on Report. We took the view that if we did that, it would be seen as pre-empting the consultation—a measure that would be condemned in this House as not giving the other place the opportunity of considered discussion of a proposal that would be on the face of legislation. Therefore, we hope to allot an early parliamentary slot in which to take on board this important measure, among others. On that basis, I ask the noble Baroness to withdraw Amendment 152BL and other noble Lords not to press Amendment 152BM, and I will join the noble Lords and noble Baronesses whose names appear on the Marshalled List in opposing Clauses 96 to 98 standing part of the Bill. We could have a debate on amendments which will not survive our joint view that this clause do not stand part but I look forward to a more thorough discussion, in good time, with due consideration of proposals which can engage our attention in this House and in the other place. I believe that consultation will produce a better result than we would have had if we had gone on our original plan or tried to bring something forward on Report.