Forensic Science Regulator and Biometrics Strategy Bill

Wes Streeting Excerpts

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

[Wes Streeting (Ilford North) (Lab)]

In a spirit of cross-party consensus, it is a pleasure to follow the speech of the hon. Member for Bolton West (Chris Green).

I was very disappointed to learn that the parliamentary editor of PA, Richard Wheeler, said of our proceedings this morning that they lack

“the razzle dazzle of a Lords”

sitting Friday. If he has been paying full attention this morning, I do not know how he can possibly have missed the wonderful tour de force of my hon. Friend the Member for Ealing Central and Acton (Dr Huq), who even occasionally addressed the contents of the Bill, as well as a wide range of other issues; the interventions of the hon. Member for North East Bedfordshire (Richard Fuller), who talked of “digital whatsits”; or the story from the Minister, no less, about the transit of cold, dead hands from Germany to the United Kingdom for the purpose of forensic investigation.

I find that we always learn something new on sitting Fridays. On this occasion, the most surprising revelation was not the gory story about the cold, dead hands; it was actually the revelation that this seems to be the only issue that did not appear in the 2019 Labour manifesto. We covered literally everything else. There was a policy on literally everything—no expense was spared—yet somehow, we overlooked forensic science regulation. No doubt, under the new leadership—the forensic leadership, no less—of the Leader of the Opposition, we will redress that imbalance. If only the omission of this policy area from the manifesto was the reason we lost the election—that would make things more straightforward for us than they are.

One of the other great things about a sitting Friday, as my hon. Friend the Member for Bristol North West (Darren Jones) assured me, is that finishing at half 2 gives people plenty of time to be back home in their constituencies in time for “Gogglebox”. I know he is an avid viewer.

Turning to the matter at hand, in his opening speech my hon. Friend set out very clearly why the Bill is important, specific and very timely. As we have heard, following the abolition of the Forensic Science Service in 2012, the responsibility for providing forensic services has fallen to the private sector and, in practice, to a fragile and often uncompetitive market, hindered by widening capacity gaps and dominated by a few big providers. That brings with it the likelihood of supply shocks and market collapse, exacerbated by the absence of fully enforceable quality standards. That is the central case for the Bill set out by my hon. Friend.

My speech will focus on the urgency and timeliness of making this a statutory regulator. The Minister has alluded to the fact that the Bill ought to have Government support. I hope that it will, because since the office of the Forensic Science Regulator was created in 2008, it has operated as an independent public appointee with Home Office sponsorship but has lacked the statutory powers it needs.

Indeed, the FSR’s annual report published in 2020 illustrates the consequences of having such regulation without statutory power. Forensic services carried out in-house by police forces are not subject to contractually mandated compliance with quality standards and so carry the risk of consistently lower levels of compliance. The report states:

“The Regulator regularly receives correspondence from commercial providers of all sizes complaining about the lack of a level playing field for compliance with quality standards. The Regulator welcomes the police requiring compliance through commercial contracts with their suppliers. It is however imperative that policing achieve that same level of compliance for their own internal services, whether those be long established disciplines or the more recent, digital field.”

The annual report also makes the point that the development of improved guidance on quality standards for taking forensic samples from complainants in sexual offence cases underscores the need for a regulator with the statutory ability to ensure adherence. The success of sex crime prosecutions relies on sexual assault referral centres minimising the chance of DNA contamination. There has been an example of DNA from one case contaminating the swabs from a different case handled on adjacent days in the same SARC, yet the commissioners of some SAR services are still reluctant to pay for the testing of their SARC environment to minimise the risk of contamination. Compliance with the quality standards set by the Forensic Science Regulator will mean that anti-contamination practices and testing will have to improve. When discussing a Bill that may appear very technical, we should not underestimate the human consequences of getting this right.

[Kit Malthouse]

The hon. Gentleman is exactly right. With regard to digital forensics, I remind him of the case of Liam Allan, where errors made by the police in the disclosure of digital evidence eventually led to the acquittal of the accused. Following that case, we saw a chill go through the prosecution of rape, to the extent that the number of rape cases brought to the courts plunged. We are still struggling with that issue, which points to exactly what the hon. Gentleman said about the confidence of the system in the forensic capability, practices and standards used to bring people to justice.

[Wes Streeting]

I am very grateful to the Minister for that intervention because it underlines the point I am making. There can be nothing worse for victims of serious crimes than knowing that the perpetrator has gone free because the forensics were not handled appropriately or sensitively, so we absolutely have to get this right.

[Kit Malthouse]

I just want to be clear that in the circumstances of the case I referred to, the person accused of the crime was found innocent as a result of further disclosure, which proved that person’s innocence. To an extent, it was a case that was prosecuted on possibly false pretences, because of poor digital forensic practices and disclosure.

[Wes Streeting]

I absolutely understand. I was referring to victims whose crimes are not punished, but it is important that the justice system gets it right. Sometimes people will be wrongly accused, and contaminated evidence giving a misleading impression is not a good outcome for anyone either.

The Forensic Science Regulator’s 2020 annual report also raises concerns about levels of compliance on the classification of firearms:

“It is unlikely that there will be a significant further move towards compliance while the Regulator has no statutory enforcement powers.”

Efforts have been made to incentivise police forces to seek accreditation, but that process is made more challenging by the regulator’s lack of statutory powers, particularly in the context of rising cost pressures. The 2019 “Forensics Review” found suggestions that that deficiency meant the police

“de-prioritised investment and meeting deadlines for accreditation”

and

“described difficulties in achieving accreditation for inhouse services digital functions. In some cases, accreditation was seen as an additional cost pressure amid a number of competing priorities.”

At this point, it is hugely tempting to talk about the cost pressures on police forces, whether the Metropolitan police, who cover my constituency, or Essex police, who cover yours, Madam Deputy Speaker. I will not go there, because you will very quickly rule me out of scope on the Bill, but it is none the less beyond question that if police forces are thinking about cost pressures and where to deploy resources for officers and the kit they need, there is a real risk. There have been occasions where police forces have not invested in forensics to the extent that they should have done because they had other, arguably more important priorities. Frankly, they should not be forced to choose. It cannot be right that police commissioners, commanders and senior officers are placed in that position. That is about the Government ensuring the police receive the resources they need and about having the regulatory framework in place to ensure resources are directed to the right place.

[Kit Malthouse]

I know the hon. Gentleman is not advocating a blank cheque for policing and recognises that there are always finite resources, but he alights on an important point. It is perhaps worth stressing the notion that investment in forensics and in making sure that forensic investigations are conducted to very high standards means there will be enormous savings on abandoned trials and prosecutions that go nowhere. He may well be right that some forces take a short-sighted view, but forensics should be a spend to save, because it will make the police force more effective.

[Wes Streeting]

The Minister makes a very good financial case for investing in forensics. It will lead not only to better outcomes in criminal justice but potentially to cost savings from resources. That does not mean that he should wander away from the manifesto commitment to replace almost all the police officers the Government have seen away in the past decade.

[Julie Marson]

I just want to echo in a practical way what the Minister says. As a magistrate, so many times I have seen defendants in court waiting to see what evidence is submitted on the day and what witnesses turn up on the day. The cost savings, in a very practical sense, could be very real and very substantial. The Minister’s point about the forensic reliability and transparency of evidence will seep into the criminal justice system in the cost sense.

[Wes Streeting]

I am grateful for that useful insight into the practical consequences of the system not working correctly. I wish I could see it for myself: I was booked for jury service in the next two weeks, only to be told this week by the jury officer that I am on standby. If I may say so, that is good news for criminals across east London and Essex, because I come from the “tough on crime” school of the Labour party.

[Chris Green]

My hon. Friend the Member for Hertford and Stortford (Julie Marson) makes an interesting point, further to which I note that if the forensic system works effectively and efficiently and the evidence is introduced early in the investigation, that can give someone a reason to say, “Look, I did it,” and thereby curtail the whole investigation, saving huge amounts of money and delivering justice much earlier.

[Wes Streeting]

That is so important for victims. Most people would not like the experience of going before a court, even if it is to testify against someone whose wrongdoing consists of fairly minor infractions, because there is a time cost and inconvenience. In really serious cases—for example, if someone is the victim of a serious sexual assault or serious violent crime—the knowledge that the ordeal of having to appear before the court and recount the story may well not need to happen because the forensics arrive and the offender knows they have no chance of getting off, can not only deliver the justice that victims deserve but prevent victims from enduring further pain as a result of a lengthy trial at which they have to relive their experiences in a court room of strangers. That is one of many reasons why the Bill and a forensics system that works well is really important.

Police services consistently remain far behind schedule in respect of gaining accreditation for the quality standard for crime-scene investigation. Significant improvements —for example, to reduce the potential for DNA contamination—can be made during preparation for accreditation, but without full compliance the risks remain. Without enforcement powers, it is difficult for the regulator to ensure that, among all the other policing pressures, sufficient priority is given to attaining compliance. Forensic collision investigators have discovered, in the process of adopting quality standards, that some of their methods gave results with a large amount of uncertainty. They have been able to get small and innovative companies to develop new equipment that can make a significant improvement, but there is further to go. That momentum will only be supported by a regulatory framework with sufficient incentives and enforcement powers.

[Danny Kruger (Devizes) (Con)]

Will the hon. Gentleman unpack that a little? We have heard that one problem at the moment is that there are too few providers of forensic services and they are too large. As I understand it, the intention of having more statutory power for the regulator is to broaden the market and ensure that we have a wider range of forensic services providers. Does the hon. Gentleman agree with that? Does he think the Bill will achieve that—and how?

[Wes Streeting]

My hon. Friend the Member for Bristol North West made the point about the risk of the forensics market not being competitive enough and that having the same sorts of consequences that monopoly provision has in other areas. My hon. Friend would be best placed to respond to the hon. Gentleman on questions about whether the Bill goes far enough and about the framework set up in the Bill.

As ever with private Members’ Bills, there is always a certain degree of negotiation to be had with the Government—particularly for Opposition Members negotiating with the governing party—to make sure that the Bill achieves a smooth passage through the parliamentary process. If this Bill makes it onto the statute books, it will be not only to the enormous credit of my hon. Friend the Member for Bristol North West, who always approaches such issues in a constructive and thoughtful way, but to the credit of the Government in taking forward this important issue and seizing the opportunity that the Bill provides to act in a policy area that, as we have heard, is long overdue for reform.

We have heard Government and Opposition Members set out powerfully the case for the Bill. Giving the regulator statutory power is a matter of broad political and expert consensus to which successive Governments have been notionally committed for more than seven years. In a packed schedule, when there are often pressures on legislative time, I am sure the Government will be grateful to my hon. Friend for providing this rare, once-in-a-Parliament opportunity for Ministers to see this issue through with a good degree of cross-party consensus. I commend the Bill to the House.