Forensic Science Service

Karl Turner Excerpts

Monday 27th February 2012 Commons Chamber

[Karl Turner (Kingston upon Hull East) (Lab)]

I am obliged to my hon. Friend the Member for Ellesmere Port and Neston (Andrew Miller) not only for his Committee’s review, but for his explanation of its position. The Committee, of course, is impartial—there is a majority of coalition Members on the Committee, so it is clearly not biased in any way.

I come to this debate with no scientific expertise, but with some knowledge as a criminal lawyer. I can see on the Government Benches very eminent members of the Bar, for whom I have a fair amount of respect. I understand that the hon. Member for South Swindon (Mr Buckland) sits as a recorder in the Crown Court, and my hon. Friend the Member for Broxtowe (Anna Soubry)—she is clearly not in the same party, but we get on particularly well—is a barrister.

I had suspected, although I did not know this until he spoke, that the hon. Member for Northampton North (Michael Ellis) was probably a member of the Bar too. I was confused about parts of his speech. He seemed to suggest that Opposition Members had said there was no room for the private sector in the FSS. With respect, I suspect that he was reading a speech that he had written in anticipation of what my hon. Friend the Member for Ellesmere Port and Neston might have said, rather than speaking in response to what he actually said.

I am concerned. The loss of the FSS is short-sighted and could lead to an increase in miscarriages of justice. My hon. Friend’s first criticism in the review was of the lack of consideration to the future of the FSS and of the Government’s failure to consult scientific experts. The Committee also expressed concerns about the loss of expertise—top scientists exiting the profession—and research and development work. That must be a concern for all Members on both sides of the House.

I echo those concerns, but I shall concentrate on the possible implications for the criminal justice system. Provision could be fragmented, which cannot be positive. Formerly, the FSS would independently deal with evidence from a crime scene, oversee tests and co-ordinate different pieces of evidence. I am concerned that the introduction of a number of different private providers—I do not instinctively dislike private providers—will fragment that process.

Having different providers dealing with different pieces of the jigsaw is fraught with dangers for justice and might lead to miscarriages of justice. I listened carefully to the hon. Member for Northampton North, who seemed to say that the proposals are all about money, which is fine. Of course, at times of austerity, we need to be careful about how money is spent, but hon. Members will not think I am a raving lunatic if I suggest that £24 million a year is not an awful lot of money for justice, which is my chief concern.

We need joined-up, experienced teams to deal with those pieces of evidence from a crime to ensure that scientists have the complete picture. My concern is that fragmentation will mean that that will not happen as it does now.

[Michael Ellis]

The hon. Gentleman does not think that £24 million is a lot to spend, but it is a £24 million loss when areas of the private sector can function without making such a loss. Does he not think it would be better if the cost to the Government were not a £24 million loss?

[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.

[Nic Dakin (Scunthorpe) (Lab)]

I draw my hon. Friend’s attention to the concerns of a constituent of mine about the changes in the FSS that led me to talk to Humberside police chiefs about what was happening. It was clear to me that they were determined to do a good job in the circumstances but that they were concerned about the change and felt that the previous system worked very well.

[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.