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Extension of time limits for retention of fingerprints and DNA profiles

Coronavirus Bill – in the House of Commons at 10:00 pm on 23rd March 2020.

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(1) This section applies to fingerprints and DNA profiles that are retained—

(a) in accordance with a national security determination;

(b) under any of the following provisions—

(i) section 63F of the Police and Criminal Evidence Act 1984 (retention of section 63D material);

(ii) paragraph 20B or 20C of Schedule 8 to the Terrorism Act 2000 (retention of paragraph 20A material);

(iii) section 18A of the Counter-Terrorism Act 2008 (retention of section 18 material);

(iv) paragraph 8(2) of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (retention of paragraph 6 material); other than fingerprints and DNA profiles that may be retained indefinitely under the provision in question;

(c) before being destroyed under—

(i) section 18(3) of the Criminal Procedure (Scotland) Act 1995 (destruction of relevant physical data);

(ii) Article 64(1BA) or (3), 64ZB(2), 64ZC(3), 64ZD(3), 64ZE(3), 64ZF(3), 64ZG(3), 64ZH(3), 64ZI(5) or 64ZJ of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (destruction of fingerprints and samples).

(2) The Secretary of State may make regulations extending, for up to six months, the period for which the fingerprints and DNA profiles may be retained.

(3) The Secretary of State may exercise the power under subsection (2) only if the Secretary of State considers that—

(a) coronavirus is having, or is likely to have, an adverse effect on the capacity of persons responsible for making national security determinations to consider whether to make, or renew, national security determinations, and

(b) it is in the interests of national security to retain the fingerprints or DNA profiles.

(4) The power under subsection (2) may be exercised on more than one occasion, but not so as to extend the period for which any fingerprints or DNA profile may be retained by more than 12 months in total.

(5) The power under subsection (2) may be exercised only in relation to fingerprints and DNA profiles which (ignoring the possibility of an extension otherwise than by regulations under that subsection) would need to be destroyed within the period of 12 months beginning with the day on which this Act is passed.

(6) Before making regulations under this section, the Secretary of State must consult the Commissioner for the Retention and Use of Biometric Material.

(7) If the Secretary of State has not exercised the power under subsection (2) before the end of the period of 3 months beginning with the day on which this Act is passed, this section ceases to have effect.

(8) Regulations under subsection (2) may—

(a) make different provision for different purposes;

(b) make consequential, supplementary or transitional provision.

(9) A statutory instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

(10) In this section—

“DNA profile” means any information derived from any material that has come from a human body and consists of or includes human cells;

“fingerprints”, in relation to any person, means a record (in any form and produced by any method) of the skin pattern and other physical characteristics of—

(a) any of that person’s fingers, or

(b) either of the person’s palms;

“national security determination” means a determination made or renewed under—

(a) section 63M of the Police and Criminal Evidence Act 1984 (section 63D material retained for purposes of national security);

(b) paragraph 20E of Schedule 8 to the Terrorism Act 2000 (paragraph 20A material retained for purposes of national security);

(c) section 18B of the Counter-Terrorism Act 2008 (section 18 material retained for purposes of national security);

(d) paragraph 11 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (paragraph 6 material retained for purposes of national security);

(e) section 18G of the Criminal Procedure (Scotland) Act 1995 (certain material retained for purposes of national security);

(f) paragraph 7 of Schedule 1 to the Protection of Freedoms Act 2012 (material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989 retained for purposes of national security);

(g) Article 64ZK of the Police and Criminal Evidence (Northern Ireland) Order 1989 (Article 64 material retained for purposes of national security).” —(Penny Mordaunt.)

This new clause allows the Secretary of State to make regulations to secure the retention of fingerprints and DNA samples that would otherwise be destroyed due to the expiry of a time limit, where it is in the interests of national security to retain them.

Brought up, and added to the Bill.