Forensic Science Service

James Brokenshire Excerpts

Monday 27th February 2012 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I welcome the opportunity to wind up this debate and I welcome the introduction to it by the Chair of the Science and Technology Committee, the hon. Member for Ellesmere Port and Neston (Andrew Miller).

This has been a wide-ranging debate on a number of issues. Clearly, there is not agreement across the House on some aspects, but one note that we can agree on is that forensic science is an indispensible tool in fighting crime. It is the means by which physical evidence finds a voice. In some cases, forensic science is the only source of information on which a court can rely to ascertain guilt or innocence.

At the outset, and in the context of a number of points that were made, I should say that the Government are absolutely committed to safeguarding that central pillar of our criminal justice system. I underline that clearly, and I want to put on the record, in response to a point that was made, that we fully recognise the importance of a healthy forensics situation for the criminal justice system, which is not limited to the police.

[Michael Ellis]

Does my hon. Friend agree that forensic science is important because it can exonerate the innocent as well as prove the guilt of the accused?

[James Brokenshire]

Learned Members of the House have made various contributions on the relevance and significance of forensic evidence. Each has underlined that forensic science is an important and effective tool in seeking to prosecute and convict, but that it is equally important in analysing evidence to ensure that those who are not guilty of crimes are exonerated. That is an important part of the Government’s approach in ensuring that there are clear safeguards and quality thresholds, which I will come to in a moment.

I was struck by a number of hon. Members’ contributions because they almost implied that there had been no competitive market in forensics prior to this Government’s decision. To be clear, there has been a competitive market in forensic science for a number of years. In some ways, the creation of the forensic science market has been a success. Turnaround times have been faster, prices have been lower and quality standards have increased, I believe because of the competitive tensions that have been created, which some hon. Members sought to highlight.

I hope I can say with confidence that hon. Members on both sides of the House agree that there is an important role in forensics for private sector providers, although there has been a debate on the role and function of such providers. However, it is fair to say that the creation of a market created problems for the FSS. The Committee recognised in its comments that the problems for the FSS did not suddenly appear on the horizon on the arrival of this Government.

In recognising why the Government had to act as they did, it is important to understand the context. Several hon. Members referred to the McFarland review, which recommended that the FSS should become a Government-owned, contractor-operated company, as a staging point to becoming a public-private partnership. The previous Government accepted the McFarland review and sought to establish the FSS as a Government-owned company as part of a transition towards a more fully commercialised situation. Even the previous Government, in accepting the review, did not see the GovCo arrangement as an end in itself.

The plan was to take the FSS down the path to being a GovCo with the intent to take it to a more commercialised basis. In many ways, the decision in November 2005 not to proceed and, in essence, to say, “So far but no further,” led to the fundamental problems and challenges that the FSS has faced. It was left in a halfway house, having been taken down a path to market but then stopped in its tracks and left in an extraordinarily difficult situation. I respect the contribution from the hon. Member for Tynemouth (Mr Campbell). He and I have debated this issue before, and I remember the Westminster Hall debate to which he referred and from which he still, I think, nurses a few scars on his back. However, the investment made was never going to fulfil the FSS’s full potential because it was stuck in this stasis.

When the FSS was transformed into a Government company in 2005, it was left with higher costs than its competitors as a legacy of its previous status as a Government agency. Clearly, as a result, the company’s ability to compete was hampered. It is important to note that the FSS’s share of the market reduced with every tender held to provide forensic science services to the police. The previous Government were tendering out these services as part of a continuing process, but the FSS was, in essence, left at a competitive disadvantage as a consequence of its structure.

[Michael Ellis]

Is it the Minister’s understanding that anywhere between 35% and 50% of forensics is now outside the control of the FSS?

[James Brokenshire]

I will update the House on the situation relating to transition, but when the decision was made in December 2010 about one third of the forensics market was in the private sector, and about 60%—[Interruption.] The Select Committee Chairman, I think, is querying those figures, but my clear recollection is that, when we were considering the matter, the figure was about 30% to 35%—unless he would like to correct me.

[Andrew Miller]

When the decision was made in December 2010, the FSS had about 60% of the market. There is no dispute about that.

[James Brokenshire]

I am grateful to the hon. Gentleman for that confirmation.

I hear some of the points that have been made about whether there has been a reduction in the overall forensics market as a consequence of police in-sourcing. Indeed, I remember the Westminster Hall debate in which the hon. Member for Tynemouth was clear that there was no evidence of a vast swathe of police in-sourcing. Even at that time it was being postulated that it was the cause of some of the challenges facing the FSS.

[Mr Alan Campbell]

Does the Minister not accept that since that debate—of which we both have memories, and certainly not fond ones—the context has changed? We were talking about the police making decisions when they had budgets that were rising year on year. How much does he believe the decisions that the police are now making about forensics are driven by the cuts they see coming down the line?

[James Brokenshire]

The police have been looking carefully at their forensics spend and how to ensure that it is used effectively. Indeed, I congratulate ACPO and a number of police forces up and down the country on how they have approached this issue, which in many ways is about the ability to focus on the delivery of forensics spend. It is also worth highlighting the fact that, I would argue, the market was stimulated to a huge extent by the DNA expansion programme and how it unwound over that period. I am sure that the hon. Gentleman would accept that the impact that that had on the market was not sustainable. Indeed, the development of DNA technology has moved on further, and I am sure that it will continue to do so, with innovations such as the concept, even, of “DNA in a box”, as it is sometimes described, which enables people to undertake DNA testing immediately, at scene.

By December 2010 the FSS was in serious financial difficulty, with significant operating losses and the prospect of further shrinkage in demand for forensics services, as the police continued to drive efficiencies in their use of forensic services. We judged it vital to take clear and decisive action to protect the supply of forensic science services to the criminal justice system. Without funding from the Government, the FSS would have entered administration in early 2011—that was the clear statement that the company was making to us at the time, and that was the situation with which we were presented. That would have seriously damaged the forensics capability available to the criminal justice system. We were not prepared to expose the criminal justice system to that level of risk. I note that the Select Committee, while critical in other ways, agreed with the analysis that simply letting the FSS go into administration would not have been the right thing to do.

We maintain that the managed wind-down of the FSS was the right choice, both financially and for the criminal justice system. The orderly wind-down of the company ensures that the police and the criminal justice system as a whole continue to have the forensics capability that they need to protect the public and bring criminals to justice. The transition process has underlined how that has been achieved. The costs of closure are being carefully managed, and obviously this estimates day debate underlines the costs that have been provided for. We are clear, and we maintain, that costs are not escalating and will be delivered within the provision that has been made. The National Audit Office has reviewed the calculation of the Home Office’s provision and is content that it is reasonable.

[Mr Slaughter]

Will the Minister tell the House what he believes the total cost of the closure of the Forensic Science Service will be, including costs arising from any obligations for redundancies, pensions or other matters? If he cannot give a ballpark figure now, will he write to Members who have taken part in this debate to give them the figure?

[James Brokenshire]

I hope that the hon. Gentleman will be aware of the provisions made in the estimates. As we reported previously to the Science and Technology Committee, the likely total cost in cash terms is about £100 million, and this remains the position. In 2010-11, £28.7 million was provided to allow the FSS to continue to operate while the transition was managed, and for staff redundancies. Provision has been made subsequently for a further £71 million of costs. That has been clearly stated on the record.

[Mr Slaughter]

If that is right and the cost is £100 million, while I acknowledge that the Minister might not accept the FSS figure that the “lost losses”—to put in those terms—were about £11 million last year, does he accept that the £100 million would cover the current deficit for a number of years in the future, before the effect of other cost savings and contractions have been made? That being the case, does he still think that this is a sensible use of public money?

[James Brokenshire]

Yes, I do, for this reason. We considered the options carefully, and determined that allowing the FSS to go into administration was simply not acceptable. We considered the prospect of making a further capital injection to follow on from the £50 million injected a few years previously. Against the backdrop of the structure and the situation that we saw, however, we were not convinced that such an injection would prevent the FSS from being in the same situation 12 months, 18 months or two years later. We thought it was better to provide certainty for the criminal justice system, and to take the action that we did.

It is notable that although the Select Committee report made comments about process and timing, it did not criticise the decision itself or postulate that we should have made a different decision. I thought it was interesting to note that from the Select Committee report. I see that the Chairman of that Committee is seeking to catch my eye.

[Andrew Miller]

What concerns me about what the Minister says is that some of these costs are going to be borne by the public purse for some considerable time. Contrary to what was said earlier, the Crown Prosecution Service was not 100% happy with the situation. What it said was:

“None of the suppliers are…accredited in all forensic disciplines, and thus can only take on a limited range of forensic work”—

until, of course, they are accredited. The CPS went on to say:

“Gaining accreditation in these fields is a time consuming and potentially expensive process and the appetite of the suppliers”—

including the police—

“to undertake this exercise is not yet known.”

The regulators are going to have to make that happen. The point I am making to the Minister is that we need to keep an eye on those burgeoning costs, including in police forces, because we do not want money spent on this that could otherwise have been spent on front-line policing.

[James Brokenshire]

I do not accept the analysis relating to burgeoning costs. If the hon. Gentleman talked to ACPO about how the transition and retendering processes have been created, he would find that savings have been delivered through a real focus on the manner in which forensics are used. It is important to view the concept of further burgeoning costs in that light—by recognising that forensic providers are already accredited and by looking at the process undertaken by the police and at the clear statements made at the time that there would be no transfer of services to a non-accredited environment.

The hon. Member for Kingston upon Hull North (Diana Johnson) talked about the Metropolitan Police Service handing back its accreditation. I tell her that this would happen to a commercial provider in that situation as well. It is not a reflection of any delinquency or limitation in the Metropolitan police’s standards, quality or approach; it is simply the fact that if new personnel and new arrangements are taken on, a process of re-accreditation has to be gone through, following on from all the processes and procedures that have previously been accredited. I wanted to give the hon. Lady that reassurance.

We have been working closely with key partners throughout the criminal justice system during the transition. A forensics transition board has been overseeing the process, and includes representatives from the Association of Chief Police Officers, the Crown Prosecution Service and the National Policing Improvement Agency, with a wider advisory group whose members include the forensic science regulator and the Ministry of Justice. The regulator has attended a number of meetings to offer his input.

I believe that, thanks to the hard work and commitment of FSS staff and partners across the criminal justice system, the transition has been successful. It has ensured the continued supply of effective forensic science services to the criminal justice system, and has created a stable and competitive market for forensics that will provide cost-effective and innovative forensic services to support the criminal justice system.

Over the past 12 months there has been a significant amount of work and operational planning to manage the transition of services from the FSS to alternative providers in a controlled way, in order to reduce risk and ensure continuity of service. The Association of Chief Police Officers and the National Policing Improvement Agency have re-procured forensic supply across the midlands and the south-east, and for the 14 forces making up the west coast consortium. The transfer of evidence recovery, interpretation and reporting of forensic science examinations from the FSS to the Metropolitan Police Service has been successfully completed, and in parallel the MPS has also re-procured its analytical forensics services.

It was suggested earlier that appropriate arrangements had not been made for the north-east. I think that that is partly because continuing contractual negotiations at the time of the publication of the report did not allow us to be entirely open. What I can say, however, is that there is a separate transition process in the north-east. Negotiations were concluded in December for a managed transfer of work to a new supplier for the north-east and Yorkshire. That followed close working between the FSS and the north-east forces. In the interim, the FSS has continued to provide forensic science services for the north-east forces to ensure that continuity of supply is maintained. The last new cases will be taken by the FSS on 1 March. That is the final part of the transition of its services to other providers.

[Guy Opperman]

Can my hon. Friend assure us that there is no fundamental difference between the situation facing the north-east and the situation facing the rest of the country?

[James Brokenshire]

I can say that one of the fundamental parts of the process, and one of the things on which I was absolutely clear throughout, was the need to ensure that there was continuity of supply of forensic services to the police and the criminal justice system, and I believe that that has been maintained throughout the process. I am hugely grateful for the considerable contribution of ACPO, the NPIA and the FSS to the reaching of these milestones, and for the way in which the process has been managed at national and local level. This has been a challenging time for FSS staff, who I believe have behaved with complete professionalism throughout. I want to record my, and the Government’s, appreciation for and recognition of their dedication and commitment throughout this difficult process.

The Government continue to support the orderly transition of work from the FSS. As part of that process, some of the current staff are moving to a range of other forensic services in the private and public sectors. We have pursued options to transfer elements of FSS business, including staff whenever possible. I have committed myself to providing an update for the Select Committee in June, following the completion of the process. We intend to conduct a survey of the private sector forensic service providers so that we can give a clear indication to the Committee, and therefore more publicly, in relation to the transfer of FSS staff from the FSS to other positions.

[Andrew Miller]

Will the Minister add to his list of commitments for that period the making of a clear statement on how the dialogue with the research councils and the Technology Strategy Board is progressing? We must ensure that the science base is protected so that we avoid the negative consequences that I described earlier.

[James Brokenshire]

I gave evidence before Christmas in conjunction with the Forensic Science Regulator and the chief scientific adviser at the Home Office, Bernard Silverman. He is an excellent CSA. He and I have regular meetings, not only about the FSS but on Home Office science issues in general. I want to put on record my appreciation for his work and expert input.

There are various recommendations on research and development in Professor Silverman’s report, one of which addresses questions to do with the various funding councils and the different available options. My hon. Friend the Member for Cambridge (Dr Huppert) highlighted interdisciplinary issues, and there might be a conference to address some of them. I will take on board the point made by the hon. Member for Ellesmere Port and Neston about providing updates and following through on Professor Silverman’s report. I will consider how best to do that for his Select Committee.

My hon. Friend the Member for Hexham (Guy Opperman) highlighted a constituency case. I do not necessarily think there is a direct role for the Home Office in that, but I have no doubt that colleagues at the Foreign Office will have noted his comments.

Forensic findings can mean the difference between guilt and innocence. It is vital that forensic conclusions are reliable, error-free and beyond doubt. Forensic scientists must work to rigorous and robust scientific principles, methods and evaluations. That is why we have made sure that all new and transferred forensics work by commercial forensic service providers must be carried out by accredited laboratories.

Commercial forensic service providers have provided high-quality forensic science services for the criminal justice system for a number of years, and there is no reason why the closure of the FSS will reduce impartiality or affect the accuracy of their work. The extensive and detailed forensic work by LGC Forensics that formed the core of the evidence in the recent trial of Gary Dobson and David Norris for the murder of Stephen Lawrence is an example of the good work being carried out by commercial forensic service providers. My hon. Friend the Member for Henley (John Howell) made that point.

I have made it clear from the outset that any FSS work taken in-house by police forces must be carried out to the same high standards as the work of accredited private sector laboratories. I utterly reject any suggestion that the closure of the FSS will lead to miscarriages of justice.

[Diana Johnson]

Will the Minister give way?

[James Brokenshire]

I have two minutes left and I want to address a key point about fragmentation, which both the hon. Lady and the hon. Member for Kingston upon Hull East (Karl Turner) raised. Dr Gary Pugh, head of forensics at the Metropolitan Police Service, and Chief Constable Sims of West Midlands Police said in their evidence to the Committee:

“it is not general police practice to send exhibits from the same crime scene to different providers. There are a very small number of exceptions in rare cases where a highly specialised piece of analysis is only offered by a niche provider. In such cases, care is taken to ensure continuity is maintained.”

Roger Coe-Salazar confirmed that if fragmentation were taking place,

“it is not creating an operational delivery problem”

from the CPS’s perspective. It is important to put that clearly on the record.

I also wish to highlight the work taking place on the archive. I have made clear all the way through this process, even before the publication of the report, the importance that I attach to the continued availability of the archive. That work is ongoing and is clearly being undertaken. We have made significant progress since the announcement in December 2010—