Forensic Science Regulator and Biometrics Strategy Bill

Brendan Clarke-Smith Excerpts

2nd reading & 2nd reading: House of Commons
Friday 25th September 2020 Commons Chamber

[Chris Green]

It is important that we set the direction of travel. We need to take this incredibly important step today. This work ought to be seen in the context of the total annual police budget, which is £12.3 billion, and not the £400,000 annual cost of the regulator, but we may have to revisit this at a later point as technology advances and changes with time.

Money is a key aspect. I highlighted earlier, in justification to my hon. Friend the Member for Christchurch, the budget and the way it has changed. In 2008, the forensic science budget was about £120 million; in 2018-19, it was £50 million to £55 million out of a police budget of £12.3 billion that year, so we can see the reduction. Part of that may be due to improved efficiencies, but there are significant concerns in the system that things are being squeezed.

There are particular concerns about the squeeze when it comes to more niche services. We all know about services such as DNA and fingerprinting, which—this is very crude phrasing—might be seen as “mass production” services, but what about more specialised techniques? Mycology, for example, is a technique used in estimating times of death or events by using known growth rates of fungi, in providing trace evidence and in locating corpses. It can also include looking for causes of death or illness by fungi poisoning, and fungi used in biological warfare. There are quite extraordinary specialisms in the system.

One of the concerns highlighted to the House of Lords Science and Technology Committee was about lower commissioning rates of those more specialist services. An individual who contributed to the inquiry, David Hawksworth CBE, highlighted that about 10 years ago he might have had about five or six cases per year but that has really dipped to perhaps one or two, or even zero, cases per year. If he needs accreditation—if he needs to go on courses to be able to present that information in the court environment—that will be a significant cost to him. If he rarely uses his skills to make such contributions, it will be a great expense to him. There ought therefore to be recognition in the regulator’s approach that, for many things, we do want those standards—the 17025 standards, which are generic laboratory standards—but exceptions to that ought to be considered, perhaps on a case-by-case basis.

[Brendan Clarke-Smith (Bassetlaw) (Con)]

On that point, there has been some talk from smaller providers who are concerned at the cost of achieving accreditation. As I understand it, the Government are exploring with the Forensic Science Regulator ways to mitigate that and to work with those providers. Does my hon. Friend agree that that is important in ensuring that we get everybody signed up to this scheme to assist those small and medium-sized enterprises, which need our support now more than ever?

[Chris Green]

I wholeheartedly agree with my hon. Friend. That reinforces the point that there are workstreams that have been ongoing for a long time, and that this is an opportunity to bring them to a conclusion, or at least to take an early step, as we seek to make progress.

The Bill is a vital step, and I fully support it. It is so timely. I really welcome and applaud the support from both sides of this House, and the overwhelming support and body of evidence that the upper Chamber has contributed, in supporting and supplementing the winning arguments of the hon. Member for Bristol North West.

--- Later in debate ---

[Brendan Clarke-Smith (Bassetlaw) (Con)]

It is a pleasure to follow my hon. Friend the Member for Hertford and Stortford (Julie Marson). I congratulate the hon. Member for Bristol North West (Darren Jones) on introducing this excellent private Member’s Bill. I have learned so much about forensics today that I did not know before, and the contributions from my hon. Friend the Member for Bolton West (Chris Green) have also greatly informed that.

During lockdown, many of us had to make a lot of changes for entertainment. One of my most enjoyable activities was a weekly Zoom quiz, but lockdown also gave many the opportunity to catch up on a bit of TV. I have been glued to the new “Cobra Kai” series on Netflix—a bit of an ’80s throwback—but I also managed to stumble across an old favourite of mine, “Quincy, M.E.”. For those who have never watched it before, it follows the exploits of a forensic pathologist who works for the police in Los Angeles, helping them to solve all manner of crimes. It was a groundbreaking series when it was first launched in the late 1970s, although nowadays many crime dramas are based on concepts similar to those that we have been discussing in the Chamber today. One of the things that always made me smile was that Quincy seemed to spend more time in restaurants and bars chatting to people, and would usually send his excellent assistant Sam off to the laboratory to do most of the actual work.

“Quincy, M.E.” stoked a real interest in me in the nature of forensics and the huge contribution it can make to police work in what has effectively become a new age of fighting crime. Forensic science has made it possible to investigate crimes that we once thought unsolvable, and has given hope to those seeking justice in historical cases.

Science and technology will drive this country’s economy forward, and I am delighted that we are investing in them. Earlier, we heard from my hon. Friend the Member for Grantham and Stamford (Gareth Davies), whose constituency boasts a very famous female chemist, of whom I am very fond. We hope that such things will help to raise the profile of forensics. I am a former school teacher, and I would like to see more girls taking science, technology, engineering and maths; that is something that we really need to encourage.

Questions should be asked about the regulation and accreditation of such activities. Forensics is now widely used, so this Bill is to be welcomed. We want to ensure that the police, and the prosecution and defence in criminal proceedings, are adequately, sustainably and proportionately served by the high-quality scientific analysis of relevant evidence. That point was excellently made by my hon. Friend the Minister.

As it stands, the Forensic Science Regulator has no powers of enforcement, which is why we need to put it on a statutory footing. Although most of the services are completed in-house, an increasing number of small and medium-sized enterprises are providing them. Giving the FSR statutory powers will help to achieve consistency and will assist in the process of accreditation. It is also sensible to look at the assistance that can be given to smaller providers to help them meet the financial cost of accreditation.

[Chris Green]

Given recent events—some of the providers have failed—does my hon. Friend agree that having more comprehensive provision and more providers will enable a more resilient service? The excess capacity that could develop within the system would ensure that, if a problem arises in the future, other providers can cope with it.

[Brendan Clarke-Smith]

My hon. Friend is absolutely spot on in his analysis. One of the joys of the free market and allowing businesses to thrive is that they can contribute and give us a wide base of providers. I fully endorse what he says. That very much forms part of the structure that we are looking at, which the Bill will hopefully strengthen. Standardisation will help us to move towards a more efficient system. I am delighted that the National Police Chiefs’ Council also supports this proposed legislation.

Going back to “Quincy, M.E.”, I cannot remember a single case being thrown out because the laboratory was not up to the correct standards or because people were not sure of Quincy’s credentials or the competence of those undertaking the work—as I said, Sam was very good, while Quincy was having his coffee or whatever it was—but we live in a very different time from the 1970s and ’80s. Digital forensics now plays a highly important role in police worked. I was an aspiring computer programmer once upon a time, on my Amstrad, typing in BASIC, which is now completely obsolete, of course. I am having to relearn things.

Non-accredited labs are open to far more challenge. We can be proud that we have high standards in the UK, but a move towards a statutory, regulated service would help to build on that and reduce the potential for any challenges to be made in court. We do not want to be losing cases on technicalities, and this Bill will help to prevent that.

I very much welcome the Bill. I thank the hon. Member for Bristol North West once again for introducing it, and everyone else for their contributions.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call Richard Fuller.