HC Deb 19 May 1960 vol 623 cc1468-9
22. Mr. Wigg

asked the Secretary of State for the Home Department in whose custody the fingerprints and photographs of Mr. W. J. Darby, 17, Cleo Road, Dudley, which were obtained without statutory authority, are held under the provisions of Section 6 (2) of the Prevention of Crime Act, 1871.

Mr. Renton

Criminal records held at New Scotland Yard under Section 6 of the Prevention of Crime Act, 1871, are in the custody of the Commissioner of Police of the Metropolis. Statutory authority is not necessary for the taking of fingerprints and photographs with consent.

Mr. Wigg

Is the hon. and learned Gentleman aware that I am not asking whether these fingerprints are in custody but where they are and who has them, for they are certainly within the custody of an officer appointed by the Home Secretary? Surely we can be told who has these documents?

Mr. Renton

My right hon. Friend's responsibility is limited to ensuring that the central registrar kept by the Commissioner is in the prescribed form. He has no responsibility with regard to the records sent to it or the destruction of records kept at it.

Mr. Wigg

That is not the point. This is a humble citizen who now seeks redress in the courts. May I take it that the Home Secretary will accept service of a writ? If so, I will see that he is obliged.

Mr. Renton

Most certainly not. I do not think that any writ served on the Home Secretary in the way that the hon. Member suggests would be of any legal effect.

Mr. Gordon Walker

Although it is possible to take fingerprints without statutory authority if consent is given, is there any statutory power to keep them if that consent is subsequently withdrawn?

Mr. Renton

I understand that there is statutory power for those who have custody of these fingerprints to keep them once they have been given consent.

Mr. Shinwell

Will the hon. and learned Gentleman reply to the simple question: who has custody of these fingerprints?

Mr. Renton

I can only answer questions on matters for which my right hon. Friend is responsible. He has no responsibility for the custody of any particular evidence.