Forensic Science Regulator and Biometrics Strategy Bill — House of Commons, 2020-09-25
Topic: Law and Crime
Darren Paul Jones (Labour, Centre-left): It is not for me to conclude on that issue in debate on a private Member’s Bill. My personal view, for what it is worth and to entertain the hon. Member’s intervention, is that one would not want an employee to be dismissed as a consequence, but they might receive further training to meet the accredited standard and be able to continue their duties. However, as I say, it is not for me to judge an employment issue in such a setting As a consequence of some of the points that the hon. Member raises, individual services are often outsourced by police forces, but a lack of clear incentives for providers to seek accreditation, given the overriding need to compete on price, has created a vacuum of accountability. Last year’s House of Lords Science and Technology Committee report set out the situation. Their lordships concluded: "Simultaneous budget cuts and reorganisation, together with exponential growth in the need for new services such as digital evidence, have put forensic science providers under extreme pressure. The result is a forensic science market which is becoming dysfunctional and which, unless it is properly regulated, will soon suffer the shocks of major forensic science providers going out of business and putting justice in jeopardy… This is not just a budget issue: structural and regulatory muddle exacerbates the malaise. There is no consistency in the way in which the 43 Police Authorities commission forensic services. Some Police Authorities have taken forensic investigation predominantly in-house whilst outsourcing some services to unregulated providers. These actions call into question equitable access for defendants and raise issues over the quality of the analysis undertaken and the evaluation of the evidence presented." Their lordships therefore recommended that "the Forensic Science Regulator should urgently be given a number of statutory powers to bolster trust in the quality of forensic science provision." This is a multi-layered challenge that defies simple political or partisan characterisation, but the enduring message is that consistent standards, consistently applied, must be foundational to the effective provision of a forensic service across the whole country. Although forensic evidence is generally of good quality, the consequences of a market that is failing to perform that function to measurable standards are, of course, serious, specific and widespread The Home Office commissioned a joint review of the provision of forensic science, which identified a growing perception about the risk of unsafe forensic evidence and demonstrated the twofold impact of an inadequate enforcement regime. Some judges, the report noted, "were not specifically aware of accreditation requirements or" the Forensic Science Regulator’s codes of practice, and defence lawyers expressed concern that "perceived compromises regarding quality standards meant that challenges to the integrity of forensic evidence presented in court could soon become routine." I think that it is of value for us to pause and reflect on that submission to the Government’s review. Defence lawyers had a concern that the forensic science process itself was being used as a mechanism to provide arguments in prosecution cases. Of course, the service itself should not be the basis for such submissions.