The Transfer of Policing Powers to the EU: A European DNA Database
BACKGROUND On the 5th July 2014, The Times reported that the Government has secretly been involved in plans which would allow for more policing powers to be transferred over to the EU, including whether to join a Europe-wide DNA database. According to the reports, the Prime Minister has until 1st December 2015 to decide whether or not to decide whether or not to involve the UK in the proposal.1 The proposals for the database would allow EU countries to carry out automated searches of the UK’s DNA database which is currently the largest in Europe, holding 5,508,170 samples.2 This is 3,635,154 more than France, the country with the second largest database and contains the information of more people than the entire population of Denmark.3,4 The scope of the UK’s database brings with it a disproportionate risk for its citizens in comparison to other EU member states. KEY ISSUES Differing National Standards In The National DNA Database, a 2012 Big Brother Watch report, we warned that the overwhelming majority of English and Welsh police forces were unable to distinguish between the profiles of those convicted and those individuals that were never charged.5 This issue of standardisation is magnified when considered in a European context. For example the BBC has reported that there is currently a split between the member states that use the European Standard Set (ESS), a standard list of 12 genetic markers, and those, such as the UK, that don’t.6 Experts such as Professor Peter Gill, an expert in forensic DNA have warned that “cross-border comparisons with other countries will be compromised since the systems in use will no longer be
1
th
The Times, Secret talks to give EU powers over policing, 5 July 2014: http://www.thetimes.co.uk/tto/news/politics/article4139569.ece 2 Santos et al, Life Sciences, Society and Policy 2013, 9:12, Forensic DNA databases in European countries: is size linked to performance?: http://www.lsspjournal.com/content/pdf/2195-7819-9-12.pdf p. 7 3 Ibid p. 7 4 Ibid p. 7 5 Big Brother Watch, The National DNA Database, p. 2 (2012): http://www.bigbrotherwatch.org.uk/files/DNA_REPORT_June2012.pdf 6 BBC, DNA crime-fighting in UK is ‘lagging behind’, experts say, 8th February 2013: http://www.bbc.co.uk/news/science-environment-21354256
entirely comparable”.7 Making the issue worse is that the process of upgrading the system will include “obvious costs”; Dr Sue Pope of Principle Forensic Services confirmed that for the UK to join the system it would need to obtain another sample of every individual currently on the database.8 The Storage of Innocent people’s DNA Whilst the Protection of Freedom’s Act 2012 brought in a number of important changes, such as provisions to order the destruction of DNA profiles relating to individuals who had committed minor offences, to the storage of DNA it does not represent an end to the indefinite retention of innocent people’s DNA. This should now be rectified as a matter of urgency before people who have not committed a crime are exposed to having their DNA profiles searched by other nations. The Scottish Model As part of the Coalition Agreement the parties planned to “adopt the protections of the Scottish model for the DNA database.”9 Currently this has not happened, however it should be considered as a matter of urgency before joining the EU system is considered. The specific include:
The periodic identification and destruction of records relating to old or minor offences. The power to retain samples of individuals who were arrested or detained on suspicion of having committed an offence only if criminal proceedings were instituted against them for relevant sexual or violent crimes. o These records can be held for a period of 3 years, after which the relevant Chief Constable could apply for a 2 year extension.
The protections therefore afforded mean that there are fewer records relating to innocent people held on the Scottish DNA database. The Government must now look into implementing this model as a matter of urgency, before they consider sharing the DNA profiles of UK citizens with other member states. Previous Government Statements In a letter to the then Chair of the Lord’s European Union Committee, Lord Roper, Home Office Minister James Brokenshire MP has indicated that there would be no movement to pursue this kind of action until certain steps had been taken to improve the retention of DNA in the UK. Specifically he highlighted the need to bring DNA storage policy “in line with the Coalition Commitment to adopt the protections of the Scottish model”. Clearly this has not happened yet and therefore there is a need for the Government to consider how these conditions can be met before further steps are taken. CONCLUSION 7
Ibid BBC, DNA crime-fighting in UK is ‘lagging behind’, experts say, 8th February 2013: http://www.bbc.co.uk/news/science-environment-21354256 9 HM Government, The Coalition: our programme for government: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/78977/coalition_programm e_for_government.pdf 8
It is Big Brother Watch’s opinion that there are several underlying issues with the National DNA Database which make the prospect of the UK entering into an EU DNA Database troubling. As it stands there has been no move to move the UK towards the Scottish model of retention and the inability of police forces to differentiate between the samples of innocent and guilty individuals is worrying. Even if these problems were resolved before the 1st December 2015 deadline the issue of differing national standards would still need to be resolved.