Forensic Science Service

Debate between Andrew Miller and Guy Opperman

Monday 27th February 2012 Commons Chamber

[Guy Opperman (Hexham) (Con)]

Let me start by making a declaration that for the best part of 21 years I was a criminal barrister. In that time I prosecuted about nine murder cases, was involved in the defence of certain cases, and prosecuted and defended well in excess of 150 Crown court trials. Certainly, I will have done 30 to 50 forensics-based cases and worked with the Forensic Science Service a great deal. Like others, I praise the Forensic Science Service as a large body of individuals who work very hard, sometimes for long hours to keep to their deadlines. We have to acknowledge, though, that the system that has developed—I will not play the blame game—is such that there are financial and logistical difficulties that any Government would have to resolve.

I urge the Minister to take on board one point. As one who has studied the work done in the Birmingham six case and the famous Griess test that never was; as one who worked on the great Guildford cheque fraud that never was, when I learned to my detriment while trying to prosecute a case that people sign their name very differently when drunk than they do normally; as one who successfully prosecuted the bigfoot burglar of Blunsdon—I am pleased to see my hon. Friend the Member for South Swindon (Mr Buckland) in his place—who was apprehended thanks to the good efforts of the FSS and his size 12 boots, whose prints were identified in a large flower patch; and as one who has prosecuted many cases where hair and fibres, especially in sexual offences, as well as drugs and human anatomy, were relevant, I share Opposition Members’s concern about what assurances can be given on pressure brought to bear and on the transfer of exhibits, so that in future no shadow of a doubt can be cast, by those who defend, on the propriety of the process. I do not believe that such difficulties will arise, but it is vital for the Minister to give such assurances and explain how he will deal with that significant concern, which it is legitimate to raise.

I share that view because in the time I spent at the criminal Bar—from about 1989 onwards—I saw the development post-1990 of private contractors’ involvement. It is well known that the killers of Stephen Lawrence, Joanna Yeates, Milly Dowler, Vikki Thompson, Colette Aram, Rachel Nickell and Damilola Taylor have one thing in common: all were convicted with the help of evidence provided not by the police but by scientists working for privately owned suppliers of forensic services. Commercial companies have been providing the majority of the UK’s forensic science services for a considerable time, and I see no difficulty with the quality of their work. Even when, as a prosecution service, we were using the Forensic Science Service—and certainly on every occasion when I was a defence counsel—we would also commission a private report, authorised by the legal aid board, whereby a private company did exactly the same assessment. I see no reason why that will not continue.

[Andrew Miller]

I did not catch all the names that the hon. Gentleman mentioned, but the ones I did catch were all cases in which the service was provided by accredited laboratories. Does he agree with me that that is an important factor?

[Guy Opperman]

I accept that accreditation is important, and I look forward to hearing what the Minister has to say about that, but to a certain extent the proof of the pudding is in the eating. Prosecution teams and police teams will go to organisations that have proved their worth in past cases, but that is not to say that such organisations will always get it right. We have all seen, whether in shaken baby cases or in other cases where there is alternative forensic evidence, how the fact that an organisation may have performed perfectly in a previous case does not mean that it cannot make a mistake in the current case.

I will move on from the Forensic Science Service itself to give a topical example; I ask you to indulge me for a couple of minutes, Mr Deputy Speaker. I have a constituent, Tony Pickering of Haydon Bridge in Northumberland, whose son, Aidan, died in Delhi on approximately 8 March 2010. Aidan was only 24 and had only recently gone to Delhi. If there is an example of a forensic science system that is not working, where private organisations should be brought in, the Indian system is that example. A post mortem and toxicology tests were carried out in India in March 2010, and Aidan’s body was subsequently brought home. The coroner cannot carry out an inquest in Newcastle, however, because the toxicology results have not been assessed. I regret to say that it took more than a year for the samples to be sent from the local police station to the Rohini central forensic laboratory in Delhi. Another year has now passed, and the family of young Aidan Pickering still do not know what their fate is.

Sadly, this is not an isolated example. The high commission in India tells me that as of November 2011, it had 64 cases awaiting toxicology and forensic analysis. I urge the Indian authorities to look into this matter. In the context of this debate, this is a good example of how the involvement of private organisations could be a good thing, and could have assisted. I shall be visiting India in April to raise that case personally, and I should say that I have been assisted in this by the right hon. Member for Leicester East (Keith Vaz), who has been an assiduous Chairman of the Home Affairs Select Committee. He has raised the issue of forensic science very successfully, not only here but in other places. He raised this particular case not only with the high commissioner for India but with the Home Minister of India, Mr Chidambaram, and I am grateful for his assistance.

I support the decision that has been made on the Forensic Science Service, although I seek certain clarifications that I hope the Minister will be able to provide. I urge him to move forward on this matter. I also urge him to enable the Home Office to assist in any way it can in the case of my constituents who are struggling with the forensic science laboratories in India.