Forensic Science Service

Anna Soubry Excerpts

Monday 27th February 2012 Commons Chamber

[Michael Ellis]

There is a very big difference there. Hon. Members will do well to recall that under the McFarland review the previous Labour Government effectively accepted a move towards privatisation but botched the job. There is no point in trying to get away from the fact that the FSS is urgently in need of change, and the Government’s move is the right one for the wider interests of forensics.

[Anna Soubry (Broxtowe) (Con)]

Does my hon. Friend agree—perhaps this has not been understood—that before a so-called expert can give written or oral evidence to a court the judge has to be satisfied that they are indeed an expert in the field in which they say they are an expert? It matters not where they have come from. What matters to the judge is that they have qualifications, experience and so on, so that it can be determined that they are an expert in the field in which they are giving evidence.

[Michael Ellis]

I agree absolutely with my hon. Friend—I have made that point already. The reality is that the Director of Public Prosecutions and the Crown Prosecution Service would not seek to put a case before a judge and jury that relied on someone who was not actually an expert. Therefore, pursuing that argument is clutching at straws.

--- Later in debate ---

[Karl Turner]

Of course I do—it would be marvellous if money was not lost—but there are two sides to the argument, and I understand that the FSS says that some of that cost can be put down to the restructuring of the service.

I am also concerned about the potential for police bias. I am worried that moving forensic work in-house could undermine public trust in our judicial system and create a significant risk of police bias. There will be a clear conflict of interest if the police have to decide what evidence to test while under pressure to secure a conviction. We can see examples of that. The public must have complete trust in our judicial system, but that trust might be compromised by convictions based on forensic science that is no longer perceived to be truly independent.

[Anna Soubry]

The hon. Gentleman was kind in his opening comments, and I respond to him in equally warm terms, but does he not agree that the police already conduct all sorts of scientific analysis—for example, relating to fingerprints, footprints and the taking of hair samples for DNA analysis? He is right to be concerned about fairness in such circumstances, but the record shows that the police are perfectly fair when it comes to such scientific evidence.

[Karl Turner]

Of course the police conduct all sorts of inquiries and investigations—the hon. Lady makes a reasonable point—but my hon. Friend the Member for Ellesmere Port and Neston has told us that his Committee had concerns when conducting its review, and it was right to point out those concerns.

[Karl Turner]

Absolutely. My hon. Friend makes a valid point. It is worth noting that we are to hold elections for police commissioners in November, which might cause further problems.

Historically, prosecutors have relied on independent expert evidence from forensic specialists who have personally examined evidence collected in police investigations. The closure of this respected major research institution will, I think, lead to the loss of the most experienced forensic scientists. To be honest, I have heard little criticism of the FSS in robing rooms in Hull, and I have not heard members of the judiciary particularly—[Interruption.] The hon. Member for Broxtowe looks at me with complete dismay.

[Anna Soubry]

This should not be a competition for anecdotal evidence but, in my experience, there is growing concern about the FSS’s ability to deliver its findings swiftly and efficiently. Those concerns have been growing for a number of years. Does the hon. Gentleman accept that many of us with experience of this part of the criminal justice system take the view that the service, sadly, is no longer fit for purpose?

[Karl Turner]

I do not accept that. Absolutely not. It is true that I have heard grumblings about aspects of expert evidence put before courts, but I do not think that there is a major problem. I have certainly not heard members of the judiciary complain particularly about the service.

One of my major concerns is about the Government’s rushed decision. As with many of their policies, this policy has been rushed and is fraught with difficulties. Their desire to create a market for the provision of scientific support is putting police authorities under unacceptable pressure. The closure of the FSS will have major implications for the criminal justice system and could result in miscarriages of justice.