Police and Criminal Evidence Act 1984 (Armed Forces) (Amendment) Order 2012

Debate between Lord Goodlad and Lord Palmer of Childs Hill

Wednesday 5th December 2012 Lords Chamber

[Lord Goodlad]

My Lords, very briefly, I share the concerns of the noble and learned Lord, Lord Scott, about the order, which was commented on by the Select Committee on secondary legislation. This area of the law was thoroughly looked into some years ago by your Lordships’ Constitution Committee. The recommendations of the committee, contained in the second report of the 2008-09 Session entitled Surveillance: Citizens and the State, were broadly welcomed. Since that report Parliament has passed the Crime and Security Act 2010 and the Protection of Freedoms Act 2012. The provisions of the latter, dealing with the retention of DNA, have not yet been brought into effect, as the noble and learned Lord pointed out. However, the intentions of the Government and of Parliament have been made clear beyond peradventure.

It seems strange, therefore, that the Government have brought forward an order which has the effect of lengthening the period during which DNA may be retained by the police service, in circumstances which will no longer be lawful when orders under Part 1 of the Protection of Freedoms Act have been passed by Parliament. I hope, therefore, that the Minister will be able to give the House the assurances so precisely defined and advocated by the noble and learned Lord, Lord Scott.

[Lord Palmer of Childs Hill]

My Lords, I welcome the thrust of the Motion of Regret from the noble and learned Lord, Lord Scott. It comes from someone who contributed five times during what became the Protection of Freedoms Act, so it is not a flash in the pan. I also look forward to the Minister’s detailed reply for the Government. I should like to make a point that to some extent has already been made: the point of substance in the noble and learned Lord’s Motion is to respect the rights of the citizen when considering DNA or fingerprint records, and I emphasise that.

Prior to the Minister’s comment, which the noble and learned Lord apparently welcomes, I would like to say that the Government have taken a big step forward in enacting the Protection of Freedoms Act 2012, which sets in place a system of deletion and destruction consistent with the Marper judgment, which has been referred to, and human rights obligations. It is clear to anyone who looks at how DNA records are apparently kept, though, that absolute care must be taken when dealing with the material. It is both highly personal to the individual from whom it is taken and an important tool in the detection of crime.

Time is needed, of course, to put in place the policies and procedures to give accurate effect to the legislation passed by Parliament. The DNA evidence from those who have been responsible for crimes and those who have not needs to be sorted, and I gather that that evidence is voluminous and there is a time element. I am happy, and I hope that the noble and learned Lord will be too, that the Government will, we hope, indicate that they will have the long-term position resolved by mid-2013, as I understand it—perhaps even sooner; that the updated Armed Forces policing regulations will follow; and that both will be delivered according to the timetable. I welcome the clarification that this Motion will, I hope, produce.