Protection of Freedoms Bill

Debate between Lord Hughes of Woodside and Lord Dear

Tuesday 31st January 2012 Lords Chamber

[Lord Hughes of Woodside]

My Lords, I support my noble friend Lady Royall. I do so even though I am not entirely in agreement with her, simply because in my view six years is too short. I think that we should go further. This is not the time or the place to argue the whole case, but I want to place on record my total opposition to those who say, on libertarian grounds, that we should not keep DNA because it affects people’s privacy. I think of the people over the years who have been caught because DNA has been kept for 10, 15 or 20 years, sometimes not for a specific offence but because it was standard practice to take a DNA profile. I regret very much that we are going to the extent of saying that we should keep DNA only for three years, with all the qualifications that there are around that.

Technology has improved over the years, not least in the storage of DNA samples. We have seen a case recently, which is probably sub judice because it is now in appeal, where a tiny fleck of blood was found on someone’s shirt but that was enough to lead to a conviction. As I say, one defendant is appealing so I shall say no more on that.

With that one reservation, I give my noble friend my full support on this. If it comes to a vote then I shall certainly vote with her, but I think that even six years is too short. We are going far too far on the basis that people’s privacy is more important than the conviction of someone for a serious offence.

[Lord Dear]

My Lords, I have a good deal of sympathy with the view that the noble Lord, Lord Hughes of Woodside, has just expressed; it is a view that one hears frequently when talking to, as it were, the man on the Clapham omnibus. I rise neither to support nor to oppose the amendment at this stage. I have not checked with ACPO to see whether it would prefer a lift from three years to six, but in a straw poll it would probably agree that six years would be a help. However, it is incumbent on me to point out that ACPO has already expressed the view that it is comfortable with three years, following the Scottish model, and the ability to go further.

I wait to hear what the Minister says, but the nub of this is the question of balance and proportionality. It is necessary to follow to a large extent the judgment in Marper, which we all remember and which started this debate in the first place. What the noble Lord, Lord Lester of Herne Hill, has said is very pertinent; I drift very much towards his point of view. Still, I would like to hear what the Minister says, particularly on the question of balance, proportionality and how that affects the Marper judgment.