Protection of Freedoms Bill

Debate between Baroness Stowell of Beeston and Lord Newton of Braintree

Tuesday 29th November 2011 Lords Chamber

[Baroness Berridge]

My Lords, I presume that the amendment relates to the previous paragraph in relation,

“to section 63D material taken … in connection with the investigation of an offence in which it is suspected that the person to whom the material relates has been involved”.

On my reading, there is an enormous safeguard in that once the police become convinced that the person has not been involved, the negative applies. The person’s DNA material is taken but if it is then established that that person was not connected to the offence at all, surely the ability to retain the material in those circumstances fails. Therefore you do not have an enormous amount of material being retained until the conclusion of the proceedings. Will the Minister clarify whether I am correct in my understanding that the police can retain that material until the conclusion of the proceedings but only if they remain convinced that that person is still suspected of being involved in the commission of the offence?

[Lord Newton of Braintree]

My Lords, perhaps I might intervene briefly. The noble Lord, Lord Dear, made some effective practical points against the amendment. However, I am afraid that I am one of those simple souls who find it easier to look at these matters in relation to an example rather than in a general academic sense. There is a clear-cut case in which some of these issues might have arisen: namely, that of the gentleman in Bristol who was arrested—I forget whether he was charged—for the murder of Miss Yeates. It is now universally agreed that this was a mistake. Somebody else has been convicted and sentenced.

I do not expect my noble friend to be able to answer this because it is a bit of a bouncer, and it applies to all the amendments that we have so far discussed. How would the Government's proposals for retention apply to that case, and what difference would the amendments that have so far been discussed make to the case? I do not know the answer and would have to speculate. I suggest that it might be sensible if the Minister wrote to me about this rather than attempting an answer off the cuff.

[Baroness Stowell of Beeston]

My Lords, I am very grateful to my noble friend Lady Berridge for her intervention. I am pleased to confirm that her analysis of the subsection preceding the one we are discussing is correct. I am also grateful to my noble friend Lord Newton. I will take his advice, consider his points and be sure to write to him. I have been given some comfort on the way in which we may be able to respond to his query by the intervention of my noble friend concerning the subsection preceding the one my noble friend Lady Hamwee seeks to amend.