Immigration: DNA Tests

Patrick Grady Excerpts

1st reading: House of Commons
Thursday 25th October 2018 Commons Chamber

[Sajid Javid]

My right hon. and learned Friend makes a good point. First and foremost, it is worth stating again that it should never be mandatory to supply DNA evidence. He is right to point out that where individuals feel it can help their case and want to submit DNA evidence voluntarily we should always be open to that. He is also right to say that in many, many cases it helps individuals to make their application and get exactly what they want.

[Patrick Grady (Glasgow North) (SNP)]

I am grateful to the Home Secretary for advance sight of the statement, although when I saw the title “Immigration” I hoped perhaps he was coming to provide a more detailed answer to my question to the Prime Minister yesterday about the crisis in the visa system. But then the Home Secretary has his fair share of crises to choose from.

The Scottish National party accepts that from time to time DNA can be a fair and useful tool in processing immigration applications, but it is clear now that it has become dangerously and unethically overused by the Home Office, making life unnecessarily difficult for applicants. We have seen: children who already have British passports being asked for DNA when trying to renew them; other kids being asked for a new test, even though it had already been provided; and, the root of today’s statement, people receiving demands for their DNA even though the guidance said that alternative proof was perfectly acceptable. This is another example of the Home Office being out of control and the result of a migration target with which they are still completely obsessed. It is more evidence that the hostile environment lives on.

We welcome the clarity that it is absolutely not and never will be mandatory for DNA testing, and we welcome the apology that has been offered. Will the Home Secretary confirm that it is now policy that acceptance of the relationship by Government for a different purpose, such as child support, will be sufficient for immigration purposes? Is it the case that if the relationship is accepted for one immigration or nationality purpose, it will not subsequently be challenged unless there are exceptional reasons? Is there guidance on how to handle unexpected DNA results? I understand there used to be publicly available guidance about what happened if a DNA test showed that the biological father was not the presumed father. Where is that guidance, and will it be released and updated?

Finally, sometimes DNA can be the only means of proving a relationship in refugee family applications and Dublin III applications. Such tests used to be funded by the Home Office for family reunion, as many refugee families are destitute. Why not return to that position if the Government are genuinely keen to pursue a humane approach? Of course, they could also do that by adopting the private Member’s Bill on family reunion promoted by my hon. Friend the Member for Na h-Eileanan an Iar (Angus Brendan MacNeil).

[Sajid Javid]

First of all, the hon. Gentleman refers to DNA testing with regard to the immigration system being overused. I would just caution him. As I said in my statement, more work needs to be done to see how widespread what should not have happened, the mandatory use, was. In many cases, it is voluntary. I hope the hon. Gentleman is not suggesting that it should not even be allowed in voluntary cases. [Interruption.] No, he is not. Clearly, where an individual feels it would help their application, I think it is right and proper that the Home Office takes that into account. But let me be clear: where it has been mandatory that it is not acceptable. That should not have happened.

The hon. Gentleman asked about other parts of Government, in particular the Department for Work and Pensions, and, where there is voluntary testing, whether it can be used between Departments. I am happy to take that to my right hon. Friend the Secretary of State for Work and Pensions, and I will make sure that the hon. Gentleman gets a response on that.

The hon. Gentleman talked about the funding of DNA tests and whether there is help with funding. The key point is that if a DNA test is funded by the Government, for whatever circumstances, it should only be in a case where it is voluntary, not mandatory.