Forensic Science Service

Lord Barwell Excerpts

Tuesday 17th May 2011 Westminster Hall

[Jonathan Reynolds]

I recognise that point. The statistics show that income from the sector has decreased as functions have been taken in-house. A point that I would like to address later in my speech is that some functions can be taken in-house but others cannot, and we must maintain that capacity.

[Gavin Barwell (Croydon Central) (Con)]

The hon. Gentleman is being very generous with his time in giving way. Further to the point my hon. Friend the Member for South Basildon and East Thurrock (Stephen Metcalfe) has just made, does the hon. Gentleman not agree that, although the Government have to take some action because of the FSS’s financial situation, the market that their strategy seeks to create is being diminished each year by the increasing level of police in-house provision?

[Jonathan Reynolds]

Yes. The hon. Gentleman’s point is crucial because, if the market is not rigorous and robust, there will be nothing there to fill the gap created by the absence of the FSS.

As well as being active in the immediate aftermath of a crime, the FSS also secures convictions in so-called cold cases. Over many years, it has built up archives of more than 1.5 million case files and a vast number of retained materials, including DNA, fibres and recovered debris. The application of advanced forensic techniques to archive material by FSS scientists has helped to secure convictions for more than 220 historical crimes. That work would not be possible without the archives, but we do not know what will happen to them when the FSS is closed. Other Members have made that point, and the Government dearly need to address it. In addition, we do not know what will happen to the unrivalled collection of firearms currently in the FSS’s possession.

The dissolution of the FSS will clearly require something to emerge to fill its place and continue its important work. The Government have claimed that there is no reason to think that the private sector would be unable to meet the demand for forensic services; but where, Minister—as the FSS itself might ask—is the evidence? As uncertainty continues to surround the provision of forensic science services in the UK, significant numbers of scientists are taking up jobs overseas or choosing to move on to other careers, and the coverage offered by the current private forensic science providers is broad in neither scope nor geography. I am told, for instance, that not one provider in the south of England specialises in firearms. Following the reduction in the market, questions have been asked about the financial stability of a number of accredited private providers. Can the Minister tell us what safeguards there will be to ensure that all the required forensic specialisms are available in the new marketplace?

We also need to ask what will happen in the wake of a major terrorist incident. In the immediate aftermath of the bombings and attempted bombings of 7 and 21 July, more than 100 FSS scientists were called on to analyse 4,500 items. Drawing on those experts in DNA, document examination, mobile phone analysis, toxicology, and marks and traces, it was possible to determine what had happened. Thankfully, such incidents are not commonplace, but the warning this week reminds us that we never know when the next incident might be—we know only that there is likely to be one.

The FSS is the only UK organisation with forensic experience of terrorist attacks. Without it, who would have the capability and capacity to provide the vital evidence that our judicial system requires? It is not acceptable to leave the UK unable to deal with the aftermath of a major terrorist attack, and if the Government cannot prove that their plans have the rigour to cope, they should withdraw them immediately and think again.

When there are so many unanswered questions and so many risks attached, I wonder why the Government have started down this path. I fear that they have made a mistake in reaching their decision to close the FSS, and that they will soon regret it. They have repeatedly insisted that the FSS—currently a Government-owned company—makes monthly losses of about £2 million, and I understand that they hope that a more commercial market will drive prices down and improve turnaround times. The Government’s plans, however, do not seem to add up.

In recent months, the FSS has closed down three laboratory sites and shed 750 staff as part of a drive to make itself more competitive. It is believed to be on track to make the required savings, yet the Government themselves admit that the £2 million figure they repeatedly use to justify their plans takes no account of the significant savings made by the restructuring programme.

We know that the service provided by the FSS is exceptionally good. I can say without hesitation that its work has made my city, my constituency and my community safer, and the same is true for other Members. I hope, therefore, that the Minister understands how concerned many of us are about the possibility of losing the FSS and is able to offer me some solid assurances in his response today.

--- Later in debate ---

[Damian Green]

The hon. Gentleman makes the valid point that competition drives prices down and makes industries more efficient. That is a universal truth. However, a competitive market exists, and the managed wind-down of the FSS will enable the individual players in that market to become more competitive and the market itself to become a more effective area of competition.

The Government want the UK’s forensic science industry to operate as a genuine market, with private sector providers competing to provide innovative services at the lowest cost. That will, inter alia, preserve police resources and maximise the positive impact that forensic sciences can have on tackling crime. A competitive market can help drive down prices and improve turnaround times, meaning that serious crimes can be cleared up more quickly and efficiently. Ultimately, I am sure that that is what we all want.

Research and development in forensic science is essential to ensure the continued availability of a high-quality, efficient forensic science capability for the criminal justice system. Historically, such research has been undertaken by a wide range of organisations, including the private sector, Government-owned laboratories and academia.

Our decision took into account the need to manage the impact on forensic science research and development in the UK. Unfortunately, the FSS’s financial position had already limited the capacity for research and development for which it had become renowned. During the managed wind-down, we are working closely with the police, the FSS, the Crown Prosecution Service and other forensic providers to consider how the industry can build on existing expertise and continue the UK’s renowned research and innovation.

[Gavin Barwell]

The Minister outlined the options that the Government considered when taking the decision. Did they consider restricting the police’s ability to provide in-house forensic services? That might have given the FSS a larger market in which to compete. As he will know if he has studied the evidence received by the Select Committee, many private sector suppliers have expressed concerns about their ability to invest in the future in a declining market if police provision continues to increase.