Serious Convictions (DNA Evidence)

Part of Oral Answers to Questions — Home Department – in the House of Commons at 2:30 pm on 23rd March 2009.

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Photo of Jacqui Smith Jacqui Smith Home Secretary 2:30 pm, 23rd March 2009

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.

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Kaihsu Tai
Posted on 14 Apr 2009 7:43 pm (Report this annotation)

If a private individual is found to be breaching the law, s/he would have to cease and desist, if not put under some sort of injunction, or even arrested and prosecuted. I wonder why the Crown can carry on with its breach? What is the provision under the legislation of the European Union to allow such a 'period of time' the Secretary of State mentions 'there is consideration and proposals are brought forward'?

Kaihsu Tai
Posted on 14 Apr 2009 7:53 pm (Report this annotation)

Here is a related Freedom of Information request: http://www.whatdotheyknow.com/request/unlawful_dna_and_finge...

Kaihsu Tai
Posted on 16 Apr 2009 7:48 pm (Report this annotation)

Section 10 (Power to take remedial action) of the Human Rights Act 1998 is relevant. http://www.opsi.gov.uk/ACTS/acts1998/ukpga_19980042_en_1#pb4... ‘If a Minister of the Crown considers that there are compelling reasons for proceeding under this section, he may by order make such amendments to the legislation as he considers necessary to remove the incompatibility.’ The Minister ‘may’, but does not have to.