My Lords, I note the Minister’s recidivist tendencies in terms of his aspirations to be the noble Lord, Lord Taylor of Holbeach, and congratulate him on his judgment in that respect.
This is a classic case of legislating in haste and repenting at leisure, because the problems that these amendments seek to address were highlighted by the Opposition when the Government originally legislated. We pointed out that the Government should have taken the greatest possible steps they could in acknowledging the legal requirements set down under European court judgments to maintain the retention of DNA so that it could be used to define and catch criminals who had committed crimes or could potentially commit further crimes. This was argued during the passage of the Protection of Freedoms Act, and the argument was not accepted at the time by the Government. Now, not untypically in an era of rapid U-turns, they have made a U-turn, although it has taken some time. It is clearly right that the Government should act in this way. It is notable that on this occasion they are not following the practice of the Conservative Party in making sure that their records are consigned to history rather than being kept available. That is welcome, although perhaps we may see a U-turn in that respect as well.
So far as this legislation is concerned, there is still an issue around the retention of information. The Minister referred to the fact that samples would have to be taken within six months. I do not understand the rationale for that. DNA samples can be taken and kept for long after the event. I recently read an interesting history book called The Isles in which DNA samples were taken from a cave in Cheddar Gorge from remains going back some thousands of years. Yet with those DNA samples they managed to trace somebody living in the 21st century in that area. These things can last. Crime is not just a short-term matter—I understand that an estimated 20,000 to 23,000 people could have committed crimes within a span of six years—so I do not understand the rationale for the six-month period. While we welcome the progress made so far, perhaps we could have an explanation of why six months is being insisted on rather than a longer period. My honourable friends in another place were suggesting that a period of six years would be appropriate. After all, we are talking here about potentially serious crimes; we would not be bothering with DNA samples if we were not. There is no rationale, in my judgment, for the period the Government have selected.