Forensic Science Regulator and Biometrics Strategy Bill

Debate between Kit Malthouse and Scott Mann

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

[Scott Mann (North Cornwall) (Con)]

First, I commend the hon. Member for Bristol North West (Darren Jones) for bringing forward the Bill and my hon. Friend the Member for Bolton West (Chris Green), who, as we have heard, tried unsuccessfully with a similar Bill in the previous Parliament.

I am far from an expert in forensic science, but I guess the beauty of private Members’ Bills and sitting Fridays is that we get a chance to explore things that we would not normally show an interest in. I have spent the last few days going through the Bills, the Select Committee hearings in the Lords and other things.

The Bill establishes the Forensic Science Regulator as a statutory office holder. The regulator can exercise those functions and powers in respect of forensic science activities for the purposes of the criminal justice system in England and Wales. The regulator will be required to publish, and keep under review, a code of practice about forensic science activities, subject to approval by Parliament. Among other powers, the regulator can investigate and take enforcement action in relation to forensic science activities carried on in a manner that risks prejudicing the course of legal proceedings.

Forensic providers for police forces need greater quality control when processing evidence. I know they are fictional depictions, but we see programmes on Netflix or drama shows all the time, where solicitors look at evidence and dig into it further, trying to find a way to say that it was not collected correctly, that it was incorrectly labelled, or that processes had not been properly followed. Although that is a depiction, there is probably a bit of validity regarding how the process operates, and it makes sense for us to have not poorer quality control, but much better quality control.

I welcome the fact that dozens of police forces across England and Wales are making improvements in areas of forensic science, such as fingerprint comparison data, the examination of crime scenes, and the extraction of data from digital devices. It is vital that the Government act quickly to provide statutory powers, which have been promised for a number of years. I welcome this Bill, which has my full support. There is a clear need to build public consensus and confidence in the quality of forensic evidence used in court proceedings, and the powers in the Bill will help that to happen. Our constituents demand that our systems are robust.

In 2019, the Science and Technology Committee in the House of Lords published a report on forensic science and the criminal justice system that highlighted a number of interesting and informative points. Forensic science has been under sustained scrutiny over the past 10 years, and that complicated discipline interacts with a wide range of fields, including science, policing, government, and law. Clear and deep-rooted challenges have been identified but not addressed, and the inquiry highlighted the importance of effective, robust, and high quality forensic science, and its contribution to the justice system. It also stated that we must enable a world-class forensic science regulator.

Forensic science applies scientific methods to the recovery, analysis and interpretation of relevant materials, providing data for criminal investigations and the court proceedings that follow. For both intelligence gathering and evidential tools, it is vital that we assist the justice delivery mechanisms. Forensic science is traditionally viewed as a collection of different sub-domains that share overarching principles, processes, and activities. Within those sub-domains there are a range of primary aims and variables in the scientific underpinning of those robust methods.

Professor Peter Sommer, Professor of Digital Forensics at Birmingham City university, summed those activities up well. He makes four relevant points. The definition is:

“‘Trace’ or ‘wet’ forensics: where a laboratory carries out…a series of standard tests to identify or match some material found at a scene of crime or associated with an individual…Interpretation: where the result of the examination of the trace is ambiguous but nevertheless some sort of inference or conclusion is desired. “Interpretation” may mean…a statistical probability of likelihood”

which leaves the door open to being challenged. His definition also includes:

“Reconstruction of events: where large numbers of different ‘traces’…and testimonial evidence are combined by a skilled investigator who produces a reconstruction of a sequence of events. Examples include road traffic accidents”.

Finally, there is opinion evidence, where an expert looks at a range of circumstances and offers an opinion based on skill, training and expertise.

Forensic science is rather unique, sitting in a nexus of science, law, policy and investigation. It should be viewed as a process that encompasses the crime scene through to court. Professor Claude Roux has said of forensic science that a free society is dependent on the rule of law, which in turn relies on the quality of access to justice. The Lords Select Committee’s report says:

“The evidence we received points to failings in the use of forensic science in the criminal justice system and these can be attributed to an absence of high-level leadership, a lack of funding and an insufficient level of research and development. Throughout this inquiry we heard about the decline in forensic science in England and Wales, especially since the abolition of the Forensic Science Service.”

This private Member’s Bill addresses many of these points. Professor Roux went on to say:

“When I was a student, England and Wales held, essentially, the international benchmark. It was the ‘Mecca’ for forensic science. Some 30 years later, my observation from the outside”

was that it had fallen away. In the past 10 years, there have been nine reports, each with numerous assessments of the state of forensic science in England and Wales and recommendations to address some of the challenges. In addition, there have been two influential reports from the United States with similar findings.

Some of the concerns that were raised were that major crimes could go unsolved unless the Government did more to support forensic science, that forensic science provision was under threat because the police were increasingly relying on unregulated experts to examine samples from suspects and crime scenes, and that cost had become a greater factor in the tendering process than quality. There was concern that without statutory powers to enforce compliance, which this Bill introduces, the Forensic Science Regulator could not ensure that science used in the criminal justice system would be carried out to the required standard.

[Kit Malthouse]

My hon. Friend is making a compelling speech and he is absolutely right to point out the vital importance of forensic science in the detection, prevention and prosecution of crime. Does he agree that we must also be careful not to see forensic science as a silver bullet for crime solving but rather as a tool for the police? I am reminded of a story that you will remember well, Madam Deputy Speaker, of the Night Stalker, a gerontophile who plagued south and south-east London for some 25 years, breaking into people’s homes, often those of elderly people, and assaulting and often raping them. The Metropolitan police pursued this man for many years. He was active for a while, then disappeared for a while, then came back and was active again. Enormous amounts of active effort was put into pursuing him on a forensic basis. DNA samples were gathered, analysis was done, and they identified where in the world this person might have come from. Other people from similar demographics were asked to come forward and volunteer their DNA. Still, they failed to find him until there was a rotation of the investigating officer. A new person was put in charge of the investigation who worked out that the police were not actually trying to catch a rapist. They were trying to catch a burglar who happened to rape at the same time. That change in investigative posture meant that they caught him within two weeks. Although forensics can be vital, sometimes they are not the silver bullet people hold them out to be.

[Scott Mann]

As always, I am grateful for my hon. Friend’s knowledge on this subject. He shares my passion for increasing the number of police on our streets and there is nothing greater than the police being out there when it comes to collecting data and evidence. I guess my view is somewhat clouded by the programmes I have watched on television where they solve the crime in an hour; sometimes it takes a little longer. I am grateful to my hon. Friend for pointing me in that direction.

The Lords inquiry considered the contribution of forensic science, and the understanding of forensic science evidence, in the criminal justice system. The Committee examined the scientific evidence base for different technologies and the regulatory framework that underpins the sector, and considered the instability of the forensic science market and research. It held 21 oral evidence sessions, had more than 50 witnesses and received 103 written submissions. The Committee visited the Metropolitan police’s forensic science lab on 6 October and observed forensic analysis, including fingerprint analysis, ballistic comparisons and digital forensic analysis.

A couple of things came out of the report that I need to highlight. First, on oversight, leadership and responsibility, and secondly, on research and development. On the culture and environment of oversight within forensic science, a consistent theme that ran through the report was the piecemeal nature of oversight and responsibility for forensic science in England and Wales. Should the Bill pass today—hopefully it will—it will alleviate some of these concerns. The Committee repeatedly heard that the system was not operating as it should and was in a state of crisis, threatening to undermine the justice system.

The Knowledge Transfer Network’s Forensic Science Special Interest Group—that is a bit of a mouthful—thought that there was

“a lack of clear leadership, oversight and governance across the wider forensic landscape. A fragmented and weakened marketplace, lack of funding for forensic research supporting the evidence base and a silo approach”.

As we have seen from many other organisations, silos never work well when people are bedded down into them. That led to some regions having different processes from others, whereas consistency is needed right across this thing.

That leads me on to my next point—the piecemeal nature of oversight. As forensic science is fragmented, there are challenges in developing a co-ordinated strategy, a sustainable marketplace and science with a strong theoretical foundation to underpin practice. That piecemeal approach has led to some of the serious and urgent problems facing the sector. Rebecca Endean, director of strategy at UK Research and Innovation, described forensic science as

“probably as disparate as it could be”.

While the Home Office has overall responsibility for forensic science, much of its application is in the courts, which fall under the remit of the Ministry of Justice. The then Minister of State at the Home Office, the right hon. Nick Hurd MP, told the Committee that there were “significant problems” trying to manage that, with one reason being that there had been such a fragmented approach over such a long period of time. He said:

“The response is to support a strategic approach that supports more collective leadership in addressing some of the key capability gaps and identifying the road map.”

He went on to say that he was trying to tackle some of those issues and intended to publish the results of the Government’s review into forensic science by the end of March 2019. It would be good to know whether that review was published, and whether Government support for that review led to the introduction of and support for the Bill.

The then Parliamentary Under-Secretary at the Ministry of Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), was clear that forensic science lay squarely in the remit of the Home Office, but said that the Ministry of Justice was supporting and assisting the Home Office. On why the Ministry of Justice did not have a greater role, given that forensic science is essentially about ensuring that justice is done, she said

“sometimes it is important for one department to lead on an issue”,

but agreed to think about how the Ministry of Justice could work better with the Home Office on forensic science.

Forensic science in England and Wales is now provided by private companies and the police. The fragmentation of certain aspects of this could undermine public trust. I do not want to see that; I want a consistent approach running through this. It is important to recognise that, with the Policing Vision 2025 and the Home Office forensic science thing, a much more joined-up approach is required.

The sustainability of the police force is vital, and as I have already alluded to in this speech, I am grateful for the investment that we are seeing in supporting retention of police officers and recruitment of new ones across the country. That is vital for me, knowing that my constituents can feel safe in the knowledge that evidence is being collected and sent to the right place.

The other part of the report was on research and development, and there are three main areas where it was felt that increased scrutiny was needed:

“The scientific validity of the approaches used to identify the source of a material or mark, and the challenges in addressing complex mixed provenance samples…The need to understand better the activity of materials to aid interpretation of forensic science evidence…and their implications for reaching conclusions”

when reconstructing crime scenes, and:

“Awareness of the importance of human decision-making in the forensic science process and the challenges of identifying factors which can affect judgments.”

In response to a very critical report published in the United States in 2009 by the National Research Council, the then President, President Obama, commissioned a study in 2015 to examine the scientific validity of different forensic science methods, which examined the DNA analysis of single-source and simple mixture samples, DNA analysis of complex mixture samples, bite marks, latent fingerprints, firearms identification and footwear analysis. The report found that many of those methods did not meet the scientific standards for foundational validity.

That was concerning at the time, because those methods were used routinely for court trials and there were concerns in the States that the methodology and pattern recognition in the analysis were a main contributing factor in many criminals’ missing out on proper justice. We need to rule out all ambiguity, as much or as best we can, in terms of delivering good-quality judicial practice across the board with evidence collecting. That is what leads me to think that the regulator is required and why I am supporting the hon. Member for Bristol North West today.

The work of the regulator should include advising the Government and the criminal justice system on quality standards, identifying the requirements for new and improved quality standards, leading on the development of new standards where necessary, providing advice and guidance so that providers will be able to demonstrate compliance with common standards, for example procurement and in the courts, ensuring satisfactory arrangements exist to provide assurance and monitoring of standards and reporting on quality standards generally.

In conclusion, I welcome and support the changes that are being proposed by the hon. Gentleman. I had rather a tour de force running through the forensic science this week, and I have really enjoyed it. It has been very interesting The Bill has my full support today; I will be voting for it and I hope to see it make progress through the House.

Oral Answers to Questions

Debate between Kit Malthouse and Scott Mann

Monday 28th October 2019 Commons Chamber

[Kit Malthouse]

I am happy to say that Gwent police are already up 42 police officers on last year’s budget settlement. A target of a further 62 has been allocated in the latest funding round. Announcements about police funding will be made as usual in early December, and I am confident that there will be smiles all round at Gwent police when we do that.

[Scott Mann (North Cornwall) (Con)]

17. The police and crime commissioner for Devon and Cornwall is over in Portcullis House today, demonstrating innovation in rural policing. It is fair to say that rural policing has not always had its fair share. I ask the Minister whether Cornwall and, more importantly, North Cornwall can have its fair share of the 20,000 officers to make sure that our policing can be brought up to speed.

[Kit Malthouse]

My hon. Friend is right to highlight that the excellent police and crime commissioner—I have met her several times now—for Cornwall is over in Portcullis House, demonstrating what a great job the police do in that part of the world. As I am sure my hon. Friend is aware, there has already been an initial allocation of police officers to his county force and there will be more news to come. We are in conversation with the policing community more widely about the allocation of police officers for years 2 and 3 of the uplift programme. Once that is concluded, I will let him know.

Housing and Home Ownership

Debate between Kit Malthouse and Scott Mann

Tuesday 16th October 2018 Westminster Hall

[Kit Malthouse]

The primary requirement we have for garden communities is that they have strong local support and are supported by local democratically elected politicians. We would, for example, not countenance a proposal for a garden community that came forward against the wishes of the local authority or local authorities concerned. My right hon. Friend may have noticed—this points to an issue that my hon. Friend the Member for Harborough raised about capacity and capability—that we recently changed the regulations so that we can have locally-led development corporations. They are brought together and approved by the Secretary of State, but under local initiatives and with local control, to try to deliver some of those communities more effectively. Local control, consent and engagement are key, in terms of both acceptability and development.

Another issue that has been raised is increasing density, which we believe is also important. We need to make sure that we make the most effective use of underutilised land. That is a crucial part of our focus. Higher density development and the development of brownfield land can play a significant role in increasing housing supply in urban locations, especially in areas that are well served by public transport and in town and city centre locations. The revised NPPF requires local planning authorities to be more proactive in identifying opportunities to make more effective use of land. That includes planning for higher densities in locations that are well served by public transport, and reallocating underutilised land to serve local development needs better.

I disagree slightly with my hon. Friend the Member for Harborough about the requirement to build towers to achieve density. In central London—a place that I know very well, having served there as a London Assembly member and councillor—some of the densest areas are in fact some of the most desirable, and they are low-rise. It is probably still the case that the densest part of central London is Cadogan Square. Towers do not necessarily deliver density, and they can often be intrusive. Our framework goes further by stating that local authorities should support the use of airspace above existing residential and commercial buildings to provide new homes, as my hon. Friend said. We recognise that there is more to be done, and that is why we have just announced that we will publish proposals for a national permitted development right to permit people to build upwards on existing buildings rather than just to build out.

Important in all of this is the need to diversify the market. We believe that to increase our housing supply we have to be innovative and boost the development sector to allow both large and small builders to flourish and to build the homes that our communities need. The Government fully recognise the important role that small and medium-sized house builders play in delivering much-needed housing in this country, and we are committed to ensuring that this support is in the right place. We have already put in place a number of initiatives to help SME house builders to grow and develop, including the home building fund, the housing growth fund and the housing delivery fund, as well as proposals to make it easier for SMEs to identify land.

We believe that that is a critical way to encourage innovation. The market has agglomerated into a small number of large players, which are perhaps not as innovative as they could be. If we can create a more vigorous market of people competing to build houses and competing for our custom, they are likely to be much more innovative in their method, supply and typography of housing, and they may well cater to different parts of the market and look at sites that larger builders might not.

[Scott Mann]

My hon. Friend is doing a cracking job, especially with his “more, better, faster” campaign on housing delivery. My point is about self-build—he has not mentioned it specifically, but I know that it is part of the Government’s strategy on delivery. Does he agree with the sentiment that there is no better help that we can give to an individual than to allocate them a plot and allow them to build their own home?

[Kit Malthouse]

I wholeheartedly agree on self-build, which I am very keen to encourage. Something like three out of every four houses in Austria are self-built or custom-built. It holds enormous capacity for the future. I recommend that my hon. Friend go and visit a site called Graven Hill just outside Bicester, which is the largest self-build site in Europe and which will deliver about 1,400 self-build homes. It is quite something to see—an amazing array of different houses. There is a house that looks like a stealth bomber sitting next to a Swiss chalet, a Cotswold cottage and a flat-pack house from Poland. As I said on the fringes of conference, I think the site will be a conservation area in the future because of the effervescence of design that is taking place there. We are very keen to encourage self-build.

Finally, one of the big issues—

Oral Answers to Questions

Debate between Kit Malthouse and Scott Mann

Monday 26th March 2018 Commons Chamber

[Scott Mann (North Cornwall) (Con)]

T4. Will my right hon. Friend confirm that the new support for mortgage interest scheme has been specifically designed to maintain people in their homes and that none of my constituents should be concerned about the day-to-day payments on their mortgages?

[The Parliamentary Under-Secretary of State for Work and Pensions (Kit Malthouse)]

My hon. Friend raises an important point, not least because we are approaching the deadline for the switchover of SMI from a benefit to a loan. He is absolutely right—this change is specifically designed to keep people in their homes. I urge people to ignore the scare stories being put around, look at the paperwork, take the phone call that has been made and ensure they make a good decision in time.