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DNA Database

Oral Answers to Questions — Home Department – in the House of Commons at 2:30 pm on 18 May 2009.

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Photo of Andrew Stunell Andrew Stunell Liberal Democrat, Hazel Grove 2:30, 18 May 2009

What factors her Department took into account in deciding on the options of retaining DNA samples for six and 12 years in its consultation on the national DNA database.

Photo of Vernon Coaker Vernon Coaker Minister of State (Home Office) (Policing, Crime & Security)

We will be retaining samples for a maximum of six months, after which time they will be destroyed whether the person is convicted or not. On DNA profiles, the public consultation paper "Keeping the Right People on the DNA database", published on 7 May 2009, sets out our proposals and the thinking behind them. Our approach is supported by evidence on the propensity to offend, which indicates that there is a span of four to 15 years within which retention periods can be justified.

Our key consideration is implementing the judgment of the European Court of Human Rights in the case of S and Marper in a way that balances the need to protect the public with the need to safeguard the rights of the individual.

Photo of Andrew Stunell Andrew Stunell Liberal Democrat, Hazel Grove

Will the Minister not act to remove immediately from the DNA database those who have been falsely accused? I draw to his attention the case of my 50-year-old constituent who challenged a group of unruly youths and faced false accusations. His DNA is now stuck on that database for ever. Can the Minister not assure the House that those falsely accused will be taken off the DNA database and the Court's ruling complied with immediately?

Photo of Vernon Coaker Vernon Coaker Minister of State (Home Office) (Policing, Crime & Security)

I do not know the particular case that the hon. Gentleman refers to, but of course people can appeal to a chief constable to be taken off the DNA database, and indeed new guidance will be prepared to try to ensure that people in certain situations, perhaps such as the situation that he refers to, will be able to get their DNA taken off the database.

European Court of Human Rights

Also referred to as the ECHR, the European Court of Human Rights was instituted as a place to hear Human Rights complaints from Council of Europe Member States; it consists of a number of judges equal to the number of Council of Europe seats (which currently stands at 45 at the time of writing), divided into four geographic- and gender-balanced "Sections" eac of which selects a Chamber (consisting of a President and six rotating justices), and a 17-member Grand Chamber consisting of a President, Vice-Presidents, and all Section Presidents, as well as a rotating selection of other justices from one of two balanced groups.

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.