Protection of Freedoms Bill

Kate Green Excerpts

Monday 19th March 2012 Commons Chamber

[Mr Hanson]

Yes; my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) has dealt with this matter in Committee and throughout the Bill’s passage, and that is the position of the official Opposition.

We note the amendments proposed in the other place by the Government, and there has been some recognition that the original clauses as drafted were far too onerous, as they needed both parents to give written consent for biometric data to be taken from the child. The amendments also correct an omission, by recognising that not all children have parents, and that those with caring responsibilities needed to be included in this provision for it to be able to work effectively. However, we also note that one parent can still overrule the consent of the other in agreeing for the child to give biometric data, which, again, can cause confusion for schools. We think that, overall, this policy is still unwieldy and unmanageable for most schools.

Furthermore, we do not believe that allowing a child to override their parents’ wish to allow biometric data to be taken is sensible or correct. I would be grateful if the Minister could confirm that that would be the case under the proposals as they currently stand. There does not appear to be any other circumstance in which a child of, for example, five years of age can overrule parental consent. Also, we note that if the parents have refused to give consent, the child is not in a position to override the parents’ wishes if the child chooses to give consent. We think that amendment (a) to Lords amendment 9 would be a further sensible step, by allowing schools to operate this policy in a more manageable way by presuming an acceptance of biometric data being taken if no contact is made by the parents or carers once they have been notified.

I welcome Lords amendment 27. It gives a more prominent role to Parliament. As I have argued previously, it would be appropriate for the Government to lay an order before the House in order to ensure that these matters are dealt with during recesses or general election campaigns. It is important that the Government lay an order before the House, but it is also important that the Government make a statement as to the purposes of the order. I seek assurances from the Minister that he will not lay any order before the House without making a statement to the House explaining the reasons for seeking an order in those exceptional circumstances.

I have concerns about Lords amendment 28. It will allow the Government to withdraw temporary extensions to anti-terror measures without any parliamentary procedure at all. The effect will be to demand that the Government must seek parliamentary approval when strengthening anti-terror measures, but that they can weaken anti-terror measures without consulting Parliament. I heard the Minister’s explanation of that. Temporary extension will be brought in only during times of exceptional risk and the individuals held under these measures will be considered a serious threat to national security. Therefore, if Parliament has had to decide that these measures are necessary in the first instance, Parliament should also get to decide that these powers are no longer necessary. There is no more important issue than protecting the public, but we must have an explanation and an order placed before the House when these powers are revoked.

I accept that our amendment is flawed and does not achieve the objective I would wish, but there are major issues in respect of the retention of DNA which the Minister should, even at this late stage, reconsider and re-examine in detail. I hope he will also answer the questions I asked about counter-terrorism and biometrics in school.

[Kate Green (Stretford and Urmston) (Lab)]

I wish to raise one specific issue in relation to Lords amendment 3, and I put on the record my interest as a life member of the Magistrates Association. Ministers propose that the possible holding of DNA on the database beyond the period covered by the legislation could be agreed on application to a district judge. My understanding is that they have drawn on the experience in Scotland, where agreement from the sheriff and the sheriff courts is required. Has consideration been given to extending that provision to cover justices of the peace who are members of the lay magistracy? Unlike in Scotland, the magistrates court works as a single bench; there is no hierarchical difference or difference in terms of courts between district judges and lay magistrates.

[James Brokenshire]

We have carefully considered the issue of the balance between the lay magistracy and the more professional judiciary. On the specific issues in question, we judge that because of the likely number of cases and the role required, the current measures are the right ones. However, we will continue to keep this under review as the legislation comes into effect and is applied.

[Kate Green]

I thank the Minister for that assurance, and I certainly hope the situation will be kept under review. District judges are paid members of the magistracy, and I am sure the Minister is not suggesting that there is less professionalism in the quality of judgments of the lay magistracy.

[Keith Vaz]

First, may I apologise for missing the opening speeches in this debate? I imagine, however, that they followed the usual form, with the Minister saying there are real problems with the retention of names on the database and the Opposition saying they ought to be retained because of the possibility that someone whose DNA is retained may well commit an offence in future, so it is better to hang on to it than to get rid of it.

My attention was drawn to this matter when a constituent of mine who had no previous convictions was at a pub and intervened to prevent a fight between two individuals. As a result of his intervention, his DNA was retained, and remains on the database. To be fair, the shadow Minister, my right hon. Friend the Member for Delyn (Mr Hanson), said it was important that Parliament as a whole should debate this issue. My position is that if someone has not committed an offence, their DNA should not be retained on the database. There is absolutely no reason to do so. We can either have a position, as set out by the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards)—as I doubted whether I could pronounce his constituency, I almost called him the hon. Member for the whole of Wales—under which everyone is on the DNA database, so that is fair to everybody, or we can have a position whereby only the DNA of those who have committed an offence are on the database.