HC Deb 19 February 1990 vol 167 cc600-1W
Mr. Dalyell

To ask the Secretary of State for the Home Department (1) what is his policy towards legal powers to take samples, such as blood or hair roots, in respect of screening people who there may be no reason to suspect of involvement in the offence;

(2) what proposals he has for a DNA databank for use in the fight against serious crime; what type of offences will be covered; what type of sample will need to be taken; and whether types of sample such as blood or hair roots will be taken without the consent of the individual concerned;

(3) whether he will consult the Law Lords on the question which would arise if a doctor was asked to take a blood sample without consent, the question being how to obtain a sample from someone who refuses consent, and may physically resist having a sample taken, and on the question of the acceptability of evidence obtained under duress by the courts; and if he will make a statement.

Mr. Peter Lloyd

My right hon. and learned Friend is still considering the issues set out in the letter which my noble Friend the Minister of State sent to the hon. Member on 7 December. He is currently consulting the British Medical Association and the Association of Police Surgeons on the medical ethics of taking blood samples without consent from suspects in police detention and from convicted offenders. My right hon. and learned Friend will consider what further consultations are necessary in the light of their response. He has no plans to amend the law to enable the police to take blood or other samples from people who are not suspects or convicted offenders and who do not consent. The police are free to ask people to provide samples voluntarily.

Mr. Dalyell

To ask the Secretary of State for the Home Department if he will make it his policy to include provisions in his Computer Misuse Bill to promote safeguards to ensure that information stored in a DNA databank would not be open to misuse.

Mr. Peter Lloyd

No. The Data Protection Act 1984 already provides appropriate safeguards against misuse of personal data held on a computer database. These include a requirement that the data user must take security measures against unauthorised access.

Mr. Dalyell

To ask the Secretary of State for the Home Department what consideration he is giving to the use of DNA material unrelated to crime.

Mr. Peter Lloyd

DNA testing has been used to establish relationship in immigration and paternity cases.