We had that debate at length in Committee, and there are several points to make in response to the Opposition's call for a primary legislation route. First, we have to meet the time scale of responding to S and Marper, and our legal advice is that we have a 12-month period, so there would be absolutely no opportunity to introduce any primary legislation in that time. I must also say to the hon. Gentleman that to believe that such a rule has been applied to date is to misunderstand the way in which the current framework has evolved. Such a proposal would set an important precedent, because DNA guidelines and their operation move over time. If he is saying that every time the DNA guidelines change, we must have primary legislation, he misunderstands the way in which the DNA issue moves—and moves very quickly.
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