Select Committee on European Scrutiny Twenty-Eighth Report


STANDARDISATION OF DNA TECHNOLOGY AND THE EXCHANGE OF DNA ANALYSIS RESULTS


(21380)
8937/00

Draft Council Resolution on the standardisation of DNA technology
and the exchange of DNA analysis results.
Legal base:
Deposited in Parliament: 30 June 2000
Department: Home Office
Basis of consideration: EM of 21 July 2000
Previous Committee Report: None
To be discussed in Council: No date set
Committee's assessment: Politically important
Committee's decision: Not cleared; further information requested

Background

8.1  This draft Council Resolution was put forward by the Finnish Presidency following reservations from several representatives at the Police Co-operation Working Group about an earlier proposal for a framework decision on the same subject (not deposited). Most of the reservations were concerned with the binding nature of the proposed measure.

The document

8.2  The aim of the document is to encourage all Member States to adopt, as a minimum, the same seven DNA markers for forensic DNA profiling so that intelligence can be shared for comparative purposes in the fight against crime. The Resolution sets out common definitions and standards, and asks Member States to use a standard form for the exchange of data. The form assumes the involvement of Europol, although the text merely states that "the placing of a server at Europol for sharing data between Member States in the future should be considered, to the extent that such data relates to types of crimes falling within Europol's sphere of competence."

The Government's view

8.3  The Minister of State at the Home Office (Mrs Barbara Roche) supports the proposal, and, indeed, tells us that the UK has been instrumental in bringing it forward. She explains that the UK is a world leader in DNA profiling and already uses the common markers. She sees no direct policy implications for the UK in the draft Resolution.

8.4  In relation to Europol, the Minister emphasises that there is nothing "presumptive or prescriptive" in that part of the text which refers to its possible involvement. As the Europol computer project will not be completed until 2003, no speedy progress can be expected on the issue.

Conclusion

8.5  We are surprised that there is no provision about data protection in the body of the Resolution, given the inherently personal nature of DNA information. Can the Minister reassure us that the information to be exchanged will be adequately protected?

8.6  Despite the Minister's comment that no decision has been made about Europol in the context of this Resolution, the standard form appears to be posited on its involvement. We ask the Minister to explain this anomaly.

8.7  While awaiting the Minister's response, we do not clear the document.



 
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