Forensic Science Regulator Bill

Lord Kennedy of Southwark Excerpts

2nd reading
Friday 19th March 2021 Lords Chamber

Moved by

[Lord Kennedy of Southwark]

That the Bill be now read a second time.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I pay tribute to my honourable friend the Member for Bristol North West, Mr Darren Jones, for his success in the Private Member’s Bill ballot and for skilfully navigating his Bill through the other place. I was delighted when he asked me to sponsor the Bill in this House and I hope, with the help of noble Lords, to navigate the Bill on to the statute book in the remaining weeks of this Session of Parliament. It has cross-party support and government support, so I hope that will help with its progress.

The purpose of the Bill is quite simple: it gives the Forensic Science Regulator the statutory powers to undertake its work. I hope that we all agree that the work of the regulator is vital for the proper functioning of our criminal justice system. It is vital for victims, defendants and members of the public so that victims and defendants get the justice they deserve and that the public can have the confidence that the forensic evidence presented in court of is of a quality and standard to deliver that justice.

The situation at present has several problems and failures, and the Bill is a first step in seeking to address those by enabling the regulator to enforce effective standards. Forensic science is constantly evolving and includes an ever-growing list of disciplines such as drug and toxicology analysis, ballistics and firearms analysis, fingerprint and footprint analysis, DNA extraction and comparison, crime scene examination, document examination, computer forensics and physical anthropology. We need experts to undertake the work necessary in a way that is accurate, reliable, unambiguous, clear, and straightforward.

The regulator’s report last year contained a passage that sets out why the Bill is so necessary. The passage reads:

“Courts should not have to judge whether this expert or that expert is ‘better’, but rather there should be a clear explanation of the scientific basis and data from which conclusions are drawn, and any relevant limitations. All forensic science must be conducted by competent forensic scientists, according to scientifically valid methods and be transparently reported, making very clear the limits of knowledge and/or methodology.”


If that is not the case then the risks are serious and devastating to people: the exoneration of the guilty and the imprisonment of the innocent. Both those scenarios are not only a failure to deliver justice but also miscarriages of justice. We get failures of process and of procedure through shortfalls in skills, in training, in expertise and funding. That not only risks isolated miscarriages of justice but puts the integrity of the whole system in jeopardy. This is a profession where robust, enforceable mandatory quality standards must be in place for the providers of forensic science services, along with an oversight regime with the independence and resources to do the job effectively and give confidence to the public.

The office of the Forensic Science Regulator was established in 2007, tasked with delivering standards, ensuring the quality of the providers and processes, assessing the soundness of the scientific techniques and monitoring the competence of the individuals carrying them out. But, in its present form, the regulator can only encourage, support and request that providers and police forces, which undertake a range of forensic science activities in-house, seek accreditation. Here is the problem that this Bill is seeking to deal with: the office of the Forensic Science Regulator cannot compel compliance, as it operates a voluntary model of regulation. Therefore, in its present form, it lacks the power to enforce compliance and deliver change where necessary.

The case for statutory powers is one that the Government have been committed to for several years. Committees of both this House and the other place have called for the Forensic Science Regulator to be given statutory powers. The Science and Technology Committee of the other place said last year that

“the Regulator—now more than ever—needs statutory powers.”

The Science and Technology Committee of this noble House said last year that

“It is hard to understand why … the Forensic Science Regulator still lacks powers they need … The Forensic Science industry is in trouble; such action is now urgent.”


The Home Office commissioned a review of the provision of forensic science, which identified a growing perception of the risk of unsafe forensic evidence, which should worry all noble Lords in this debate. Some noble Lords may question whether statutory powers are really needed—can it not be effective using the powers it already has? In response, I draw noble Lords’ attention to the fact that the powers presently in place have been there since 2007, and that the conclusion of the regulator itself, the Government, committees of both Houses of Parliament and others is that the voluntary processes have not been successful in delivering the consistency of standards that is necessary. After nearly 14 years, statutory enforcement powers are now needed. Where the regulator has introduced codes of practice and they have not been followed, it has no powers to enforce compliance.

Let us be clear: some of these codes of practice have been in co-ordination with the Home Office, but that makes no difference either. It is unacceptable for this important part of our criminal justice system to be in this condition—weak and unable to deliver the change, standards and enforcement necessary.

Look at violent sexual crimes. We are all aware of and horrified by how low the conviction rates are. These cases often rely on DNA evidence, which is often critical to the prosecution’s case. We must have processes and procedures in place that ensure that, no matter where the detailed scientific work is undertaken, the risk of contamination of the sample is minimised. But, if one looks at the regulator’s report in 2016, it highlights the problem of DNA swabs being compromised through unrelated case handling. That is why we have to move the regulator on to a statutory footing.

The public expect the highest standards and a regime in place to enforce them. We owe it to the victims of crime to deliver those standards and to those accused of crimes that, whether they are guilty or innocent, if the evidence presented against them involves forensic evidence, it has been prepared to the highest standards to deliver justice. This Bill does not fix all the problems, but it is a step in the right direction. I look forward to the debate that will follow and I beg to move.

--- Later in debate ---

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I thank all noble Lords who spoke in this debate. I am delighted to have the support of the noble Earl, Lord Lindsay, with his wide experience—including as chair of UKAS, the national accreditation body for the United Kingdom. I am also pleased to have the support of the distinguished noble Lord, Lord Patel, who has done excellent work as chair of the Science and Technology Committee of your Lordships’ House. As the noble Lord told us, we used to be the leader in forensic science services. I believe that this is a step in the right direction for us to regain that place.

My noble friend Lady Young of Old Scone highlighted that there is more to be done, and the Science and Technology Committee of this noble House will have an important role in setting out the way forward and working with the Government to look at those future reforms. The noble Baroness, Lady Harris of Richmond, highlighted the changes that, over time, have contributed to the problems that the service is dealing with today.

I am delighted to have the support of the noble Lord, Lord Lilley, and agree with him that quality and rigour are important. In matters where one’s liberty is at stake, we must have the highest quality standards in place. My noble friend Lady Goudie is right that poor forensic science fails victims and fails to deliver justice.

The noble Baroness, Lady Jones of Moulsecoomb, raised the concern that the problems have been known about for many years. I agree that it is disappointing that we have taken so long to get to this place. Now that the issue has been raised, I know that the noble Baroness will ensure that the Government are pressed many more times in the future to urgently address other failures.

I join the noble Lord, Lord Oates, in paying tribute to the work of those in the forensic science services, both those housed within police forces and those in private practice. I also join the noble Baroness, Lady Williams of Trafford, in paying tribute to Dr Gillian Tully, the former regulator, for all her work.

I thank my noble friend Lord Rosser for his support and that of the Official Opposition. He highlighted the widespread support inside and outside Parliament for the reforms that the Bill delivers. I thank the noble Baroness, Lady Williams of Trafford, for her response to the debate and for signalling the Government’s support for this Bill. All the crimes that she referred to require forensic science services to deliver true justice for victims and for those accused of crimes and to ensure that those who are guilty are convicted and those who are innocent are acquitted.

I was delighted that every single speaker in the debate supported the Bill. I hope that, with such breadth of support, we will ensure that the Bill receives a speedy passage through this noble House. With that in mind, I hope that the temptation to table helpful amendments is resisted.

Bill read a second time and committed to a Committee of the Whole House.