The police system in this country lurches from the banal to the ridiculous. After the victory of the S and Marper case against the government in the European Court of Human Rights in December, requiring innocent people’s DNA to be removed from the National DNA Database, then Home Secretary Jacqui Smith justified keeping them on because of the effectiveness of the database as a whole in preventing crime and bringing offenders to justice. Typically she failed to mention that the inclusion of innocent people’s DNA had played no role whatsoever in the effective use of the database – in fact during the largest growth period of the database, its effectivness fell. In May though she decided to subvert the rule of law and keep innocent people’s DNA on the database for up to twelve years. Now the Association of Chief Police Officers (ACPO) has instructed Chief Constables to ignore the S and Marper ruling entirely:
Chief constables across England and Wales have been told to ignore a landmark ruling by the European court of human rights and carry on adding the DNA profiles of tens of thousands of innocent people to a national DNA database.
Senior police officers have also been “strongly advised” that it is “vitally important” that they resist individual requests based on the Strasbourg ruling to remove DNA profiles from the national database in cases such as wrongful arrest, mistaken identity, or where no crime has been committed.
The advice to senior officers comes in a letter from the Association of Chief Police Officers criminal records office. The letter, seen by the Guardian, tells chief constables that new Home Office guidelines following the ruling in the case of S and Marper are not expected to take effect until 2010.
“Until that time, the current retention policy on fingerprints and DNA remains unchanged,” it says. “Individuals who consider they fall within the ruling in the S and Marper case should await the full response to the ruling by the government prior to seeking advice and/or action from the police service in order to address their personal issue on the matter.
“Acpo strongly advise that decisions to remove records should not be based on [the government’s] proposed changes. It is therefore vitally important that any applications for removals of records should be considered against current legislation.”
This move by ACPO should be seen in light of what ACPO actually is – a quango, and one which still supports the behaviour of the Metropolitan Police at the G20 protests. It is a private, for-profit advisory body, and not a constitutional arm of the police of the UK. Yet we are in an age where these extra-governmental bodies determine (and subvert) the rule of law (ISA anybody?) and public policy. Lib Dem Shadow Home Secretary Chris Huhne is right – it’s outrageous that the Home Office’s post-S and Marper guidance won’t be available until 2010, unacceptable that the government intends to use statutory instruments to bypass the will and scrutiny of the House of Commons in trying to sidestep the European Court, and even more outrageous that ACPO should feel able to ignore the European Court’s wishes altogether. The rule of law is being trashed by the institutions charged with being its ultimate guarantors – they must be stopped.