Forensic Science Regulator and Biometrics Strategy Bill — House of Commons, 2020-09-25
Topic: Law and Crime
Rupa Asha Huq (Labour, Centre-left): I am grateful to the Minister and to you, Mr Speaker, for pointing out what used to go on in the labs of Chorley—not the stuff that happened in Germany, obviously. [Interruption.] This is quite different to the German case I do not want to pick a fight with the Minister, because we all agree on this. That article was from 2015, and to be fair, some austerity justice cuts have since been reversed. Fees for employment tribunals have gone. Like the Labour party, the Government are under new leadership, so let us hope we can reverse all those things. We have been told repeatedly that austerity is over, so let us rectify the situation now Numerous authorities on the subject, including the National Audit Office and the Science and Technology Committees in this House and the other place, have concluded that our forensic system is close to broken, and that harms the criminal justice system as a whole. Putting the forensic science regulator on a statutory footing is a vital first step to saving the field. As my hon. Friend the Member for Bristol North West pointed out, it is not a panacea, but it is a good start. Statutory enforcement powers are badly needed in the wake of the weak market that has emerged since the FSS was privatised in 2012. As has been pointed out, 90% of traditional forensic science is delivered by just three large providers, to the detriment of competition and market resilience. Even fans of the free market cannot like the way that is functioning. Large providers are exiting the market left, right and centre, creating system-wide capacity shortfalls and increased turnaround times. Simply put, there is not even a profit motive to uphold the standards of those companies, let alone a powerful watchdog. The rest of forensics is done in-house by police forces, which brings its own set of problems In the context of rapid technological change, police forces have reported difficulties in managing increasingly voluminous and unmanageable workloads, particularly in digital forensics. Local police forces cannot realistically be expected to deal with those new forms of crime, or deliver the same high-quality fingerprint evidence that the FSS once provided. They are forced to spin all those different plates at once, and juggle all those balls, some of which come crashing down Fewer than 10% of police forces have met basic quality standards for fingerprint evidence. Three years ago, all UK forces were ordered to ensure that their laboratories met international standards for analysing prints found at crime scenes, yet as of last year, only a handful had completed that. Police forces that have failed to obtain accreditation have to declare that in court, which prompts the concern that cases could fall apart because of unreliable evidence Police forces are in an impossible catch-22 bind. They can outsource forensics to private providers, which is costly and incurs spending beyond their means, or they can try to cobble something together themselves. With the latter option, police stakeholders are let off the hook in the absence of a regulator that can say, "No, think again." Outsourcing digital work to unaccredited private labs that are subject to no regulatory oversight runs the risk of punishing police forces when their commercial partners botch things up. The much cited example of Randox Testing Services highlights that point. That private provider was suspended in 2018 after a number of motorists convicted of drug-driving offences were cleared after evidence of manipulation was found in Randox’s testing processes, and there are other examples of serious offences being quashed as a result of faulty data and contaminated evidence. The sector is badly crying out for quality control, rather than unsatisfactory quasi-casino capitalism that does not quite work, fused with police services that are unable to cope The public and private arms of the UK’s forensic services are at breaking point. That has led to a mass shortage of skills, particularly in digital forensics and toxicology. No wonder Dr Tully said in February that "forensic science has been operating on a knife-edge for years" When we cut corners in legal matters of this type, it is the public who lose out. It is a false economy for which we all pay dearly. Reliable, high-quality, trusted evidence underpins our justice system in this country. It is simply wrong that victims of some of the most heinous crimes do not see perpetrators put behind bars where they belong, because the evidence was not handled properly. That "anything goes", sloppy culture has to stop. We should be striving for excellence in every lab, whereas now we do not have a system fit for purpose. We should not be scrimping on justice and putting up with unreliable evidence, as that destroys public confidence in our entire legal system. Saying that the wheels of justice will probably turn is not good enough. We need certainty that justice will be served We have heard before that we have had enough of experts, but I am glad that that thinking has given way to following the science. As I say, there is a long list of expert opinion in favour of such legislation. The Minister said it was in his own manifesto—buried away somewhere—and it is good to hear heavyweight Government support for it. As well as reports from the two Select Committees, the FSR’s own annual report this year says that the quality and delivery of forensic science in England and Wales is "inadequate". This raises alarm bells that crimes may go unsolved and that the number of miscarriages of justice may increase I know that, at this time in the cycle, we are all receiving emails from conspiracy theorist types denouncing the Coronavirus Act 2020 as interfering in all our lives. I am no fan of totalitarianism, but on this one, regulation can be a force for good. Clauses 2 to 4 would introduce a code of practice with safeguards and standards, which means protecting consumers and encouraging levelling up—to coin a phrase. That means companies on the wrong side of the regulations will simply go out of business. Clauses 5 to 8 would allow for investigations with a built-in appeals process. Clause 11 defines "forensic science activity" as the application of scientific methods for the purpose of detecting or investigating crime and preparing evidence in criminal procedures, but it is flexible enough that there is scope to expand to areas of civil law, if needed Forensic science plays a pivotal role in modern criminal proceedings, and there is an increasing reliance on it. Yet such evidence can be boon as well as bane, because it poses such multifarious challenges when it is unreliable or misleading. Biometrics are not covered by this Bill, although the word is in the title, but we do not want forensics always to be associated with miscarriages of justice, which is in danger of happening. Making provision for the appointment of a beefed-up Forensic Science Regulator, ensuring the regulation of forensic science outfits and requiring the Secretary of State to publish an annual strategy are eminently sensible things. I am delighted that this proposed legislation has so much support from so many powerful quarters, and I, too, commend the Bill to the House.