Forensic Science Regulator and Biometrics Strategy Bill

Craig Williams Excerpts

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

[Craig Williams (Montgomeryshire) (Con)]

It is a great pleasure to follow my hon. Friend the Member for North Cornwall (Scott Mann), and I join him in the journey of forensic science that I have taken this week. It is a great pleasure to take part in private Members’ Bills debates on a Friday journey through topics that I might not have been expert in earlier in the week.

I pay particular tribute to the hon. Member for Bristol North West (Darren Jones) not only for the way he commended the Bill to the House and the tone he has taken, but for the cross-party support he has built. I know my hon. Friend the Member for Bolton West (Chris Green), who is not in his place now, did a lot of work in previous Parliaments and I know they worked together to build this consensus. To see the Government and the Treasury Bench today commending the Bill with all gusto to Committee stage speaks volumes for the way the hon. Member for Bristol North West has taken the Bill forward to date, and I look forward to giving it my full support.

It is worth reflecting that the regulator, the National Police Chiefs’ Council and the overwhelming majority of stakeholders in forensic science are commending the Bill and pushing for it. Like my hon. Friend the Member for North Cornwall, I do not claim to be an expert in forensic science, but when we have that weight of stakeholders pushing for a Bill, it speaks volumes to the House. The Commons and Lords Science and Technology Committees also did a lot of work in this sphere and they have commended the Bill, and, as other Members have said—Madam Deputy Speaker, I know that the temptation on a Friday with private Members’ Bills is for repetition, repetition, repetition. My hon. Friend the Member for Bolton West has touched on much of the detail, so I hope I will bring alive some of the more practical aspects of the Bill and why it is so important, and I do not—I see you rising to your feet anyway, Madam Deputy Speaker, but I was hoping you would not.

[Madam Deputy Speaker (Dame Eleanor Laing)]

As matter of clarification, specifically because this is only the second day we have had private Members’ Bills when a large number of new Members have been able to participate, repetition is not in order—persistent and constant repetition—but that rule applies to repetition by one Member in one speech, or during one debate. I am sorry to tell the hon. Gentleman and the House that the Chair has no power to stop a Member repeating what another Member has already said. Indeed, as has been observed on many occasions, it is often the case in this Chamber that everything that can be said about a particular subject might already have been said, but not by everyone, so the hon. Gentleman is not straying from the rules.

[Craig Williams]

Thank you for that clarification, Madam Deputy Speaker. That enables me to talk on so many more subjects than I had planned to, but let me accept my own challenge to say something different. I want particularly to look at what Dr Tully, the Forensic Science Regulator, has said about the Bill, commending and reiterating the need, as has been recognised on the Treasury Bench, for statutory enforcement powers to protect the criminal justice system. It was quite a hard-hitting report, released earlier this year, which commends the Bill and the statutory powers.

The Minister has touched on the effect of an earlier statutory instrument that was brought to the House. Police forces are likely to step up very quickly should the Bill move through the House at pace. The SI that transposed EU law into UK law on 25 March 2019 led to an increase from 9% to 90% in fingerprint and DNA analysis in just a few months. That demonstrates to the House the worthiness of the Bill, and that it will turn into action incredibly quickly.

[Kevin Hollinrake]

My hon. Friend mentioned that the regulator is keen on the Bill. Should we not be a little concerned and cautious when regulators seek to give themselves statutory powers? We should bear it in mind, for example, that the Financial Conduct Authority has an annual budget these days of £597 million. Regulators are always keen to seek more statutory powers. As has been said earlier, the costs of these bodies all end up landing back on the consumer somewhere.

[Craig Williams]

My hon. Friend is correct. I see this more as the exception than the rule. I alluded earlier to the consensus across a wide range of stakeholders, and I would not dare to rise to my feet in his presence and recommend something purely based on what a regulator said, but this is about the weight of stakeholders, alongside the regulator—who on this occasion is correct, in my judgment—encouraging us to do something.

I want to reflect on some live cases. We have heard today about the county lines raids happening across the UK. This is extremely welcome. County lines leave a scar across our country, but are felt most extremely in our rural communities, small villages and towns. I pay tribute to all the forces that took part in the raids conducted today and to the National Crime Agency. The raids lend themselves to showing the importance of the Bill, because they involved 43 regional forces in England and Wales and forensic science will play a huge role in turning those 1,000 arrests into convictions.

[Kit Malthouse]

I am grateful to my hon. Friend for raising that issue. He is quite right. I point out the critical role that forensic science will play in that exercise. By the appliance of science, as they say, we can connect telephones used for the prosecution of the drugs trade to people who previously thought they were anonymous to the extent that within sometimes just a few days of being notified of a number that has been used for the promotion of the drugs industry in a particular town or area, we can be through the door of that person, who is sometimes at two or three removes from the dealer.

--- Later in debate ---

[Craig Williams]

It is extremely rewarding for my constituents who deal with that day in, day out to see the scale of the arrests today—more than a thousand. Again, I pay tribute to those officers. As the Minister alluded to, forensic science plays a huge role in the intelligence gathering and the prosecution of those evil people who commit such offences on vulnerable people across our constituencies. We need standardisation to ensure the quality of the forensic science that the Bill and statutory powers would provide.

[Richard Fuller]

My hon. Friend is right that no hon. Member would want to give any solace to those evil people, as he puts it, but it is also the case that the Government are involved in those issues, and they are not always the beneficent wonderful huggy bear of an organisation that our socialist colleagues opposite sometimes seem to think. My concern, which was provoked by the Minister’s response, is that giving the standardisation a statutory underpinning would not only create equivalence across agencies, but be a back-door way for the Government to extend their powers and the investigatory authorities against local police forces that may not think that wise.

[Craig Williams]

My hon. Friend brings a sobering note to the debate. Clearly, we need the powers and the standardisation of the quality of evidence to ensure that our constituents are protected, but Parliament, having put them on a statutory footing, needs to keep playing an active role to watch that the fears that he describes do not arise. I would say that about any power that we give to any colour of Government.

To stick to my practical points, I underpin what I was saying about the county lines raids and welcome the quality of evidence. The Bill will bring more power to the persecution of those evil people. I also pay tribute to my force, Dyfed-Powys police, and its trailblazing efforts in forensic science, which have seen cow DNA used for the first time in a conviction earlier this year. Any hon. Member who represents a rural agricultural community will know that forensic science is changing the way that we police our great countryside and shires.

A farmer in Dyfed-Powys lost a heifer in 2017. Like any good farmer, he soon recognised it in a neighbouring field but of course could not prove it, and the case went on with Dyfed-Powys police for some years. Luckily, a breakthrough in forensic science proved through DNA sampling that the lost heifer, which was next door with a naughty neighbouring farmer who happened by chance to find that obviously prize-winning heifer in his field and who produced a fake cow passport and, indeed, fake tagging, was his. He was reunited with his cow and there was a successful prosecution. I am pleased to tell the House that there was a £4,000 fine and £500 in costs. It was indeed a very moving occasion for all of us in Dyfed-Powys.

[Kit Malthouse]

I am grateful to my hon. Friend for making, in a charming and agrarian way, a very important point about us having confidence in the forensic system. Forensic science is advancing all the time, and that holds particular promise in the area of cold cases. Those are cases where crimes—often heinous crimes—have been undertaken, but the evidence is just not there, and forensic science at the time had not reached a position where it could help with the prosecution. Often, the passage of time results in the deterioration of other evidence, such as witness evidence—people’s memories go, or the witnesses to a crime are not necessarily present —but the forensic evidence remains. The development of techniques that allow us to re-examine that evidence and put convictions in place is vital, and that requires a level of assurance and quality.

There is no case more illustrative than the conviction of the killers of Stephen Lawrence. Developments in forensic science led, 18 years after that heinous crime, to the analysis of one particular spot of blood on some clothing that was retained, which then led to the conviction of the individuals. While I acknowledge my hon. Friend’s quite sane, sensible and principled concern about state action, I remind him that, in this place, we regard the law as our protection, and often it is the absence of law that leads to the kind of state musculature that he is concerned about.

[Craig Williams]

I echo the Minister’s words: there is no crime too small or too large in this country that will not be helped to be solved by this incredibly important Bill and the underpinning of the quality of evidence.

I will conclude by paying tribute again to Dyfed Powys police. They not only led the UK—indeed, maybe the world—in the conviction of that particular naughty farmer who pinched the heifer, but they did the same with stolen sheep in 2017. These crimes are incredibly important to rural Wales and rural UK. The Minister mentioned some severe and heartbreaking crimes. In agricultural crimes, we will be able to turn on the criminals because of forensic science, if we can get the quality and the assurance right, so that wherever they are, no sheep rustler will be safe.