Home Office questions came around yesterday.
The most interesting questions were about the holding of DNA samples. Home Secretary Jacqui Smith outlined the Government's position:
"The national DNA database plays a key role in catching criminals, including many years after they might think that they have got away with their crime, eliminating the innocent from investigations, and focusing the direction of inquiries. In 2007-08, 17,614 crimes were detected in which a DNA match was available. Those included 83 homicides and 184 rapes. In addition, there were a further 15,420 detections resulting from the original case involving the DNA match. Those occur when, for example, a suspect, on being presented with DNA evidence linking him to one offence, confesses to further offences.
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The specific ruling [by the European Court of Human Rights] was on a blanket policy of retention of the fingerprints and DNA of those who had been arrested but not convicted, or against whom no further action was being taken. The Court also indicated that it agreed with the Government that the retention of fingerprint and DNA data
“pursues the legitimate purpose of the detection, and therefore, prevention of crime”.
We are, however, looking at the key point in the judgment, and drawing up proposals that will remove the blanket retention policy. We will bring forward those proposals for consultation soon.
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I announced in December our intention to remove all those aged under 10 from the database. That has now been carried out. When we bring forward proposals to change the blanket approach to retention, we will give particular consideration to those aged under 18, and to how the protection of the public can be balanced with fairness to the individual."
Wells MP David Heathcoat-Amory posed a question on civil liberties:
"What does the Secretary of State say to Mr. Daniel Baker, a constituent of mine who was a victim of mistaken identity? He was never charged with any crime and is entirely innocent, but the police are retaining his DNA against his wishes. When will the Secretary of State start recognising the liberties of the individual, and stop regarding everyone in the country as a suspect?
Jacqui Smith: I think that the case study that I cited a minute ago identified some of the important benefits of DNA retention. There are real-life cases in which people have been made safer by the retention of DNA post-arrest. Of course, the right hon. Gentleman’s constituent can apply to the police force, in exceptional circumstances. That is why— [Interruption.] That is why I am sure that the right hon. Gentleman will look closely at our proposals for a more proportionate way of dealing with the retention policy."
The Home Secretary had described a case where a man arrrested for violent disorder was released without charge. However, a DNA sample was taken. Several months later a rape occured. Skin taken from below the victim's fingernails was matched to this man's sample, and he is now in prison.
Shadow Home Secretary Chris Grayling went with the same issue:
"This is a very straightforward and simple issue. It is, right now, illegal to store the DNA of innocent people over long periods on the DNA database, but as of today, the Government are still doing that. Why?
Jacqui Smith: I have made it very clear to the hon. Gentleman that we have looked in detail at the judgment in the case of S and Marper and we will bring forward proposals very soon—and when we do so, I hope that Opposition Members will engage with them with slightly more sophistication than they have done today.
Chris Grayling: But this is illegal now, today. Furthermore, it is a principle in our society that people are innocent until proven guilty. This Government have a habit of throwing away many principles in this society, but that is one that should be sacrosanct. In the case of the DNA database, however, they appear happy to abandon the principle. They are also happy to store the data of babies and children. Their actions are clearly morally and legally wrong. Why will they not just stop keeping this data illegally, right now, today? Why will they not stop now?
Jacqui Smith: As the hon. Gentleman knows, there is a period of time during which, quite rightly and reasonably—not least given that the Government’s approach to the retention of data was upheld in the UK courts—there is consideration and proposals are brought forward. That is what the Government are doing, and he obviously was not listening when I said that no DNA of children under the age of 10 is kept on DNA databases now."
The Government has proven itself utterly inept at holding people's personal details, but I don't have any other objections to them holding DNA samples for individuals. Indeed it would seem to have lots of advantages. I suppose one other worry is that most of us are not in a position to question the authority of scientists who assure us that DNA samples match - something I always think of when someone says they are in favour of the death penalty "when there's no doubt".
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