DNA - Do Not Accept
Bizarrely, those most keen to take up Justice Sedley's call do so for reasons directly opposite to those invoked by Justice Sedley. I'm not 100% convinced that Justice Sedley genuinely wants every man, woman and child genetically tested and profiled - he was highlighting how unfair the DNA database is, and the grave potential for being misused that it poses.
"We have a situation where if you happen to have been in the hands of the police then your DNA is on permanent record. If you haven't, it isn't.
It means where there is ethnic profiling going on disproportionate numbers of ethnic minorities get onto the database."
Sedley's radical solution is that everyone - guilty or innocent, citizen or tourist - has their DNA sampled and profiled.
And yes, having everyone's DNA on profile would stop the racial profiling, and might even solve the odd crime. Then again, killing everyone in the country would also solve the problem of crime. That doesn't make it a good idea, no matter how tempting it might be during rush hour in London when you can't get a seat on the Tube and the person shoving their armpit into your face hasn't showered...
But I digress.
I could give you the civil liberties arguments. I could talk to you about human rights abuses. But frankly, the people who are comfortable with this form of database don't give a stuff about civil liberties, trotting out the old mantra of "the innocent have nothing to fear". Instead, I'm going for some alternative arguments...
It's going to be expensive
The government can't even put a simple patient database system in place without the cost spiralling by several billion pounds. How much do you think it is going to cost to take DNA samples from 65 million people, and then to keep taking samples of all those who are born, all those who come to visit the UK, to process them, and to keep them in a database. Let's not forget, that database needs to be designed. And staffed. However much you think it might cost, double it. Then double it again. That will be the cost it gets to when it is still 2 years away. This will be expensive. We can't run the Olympics for a month for less than £12 billion. How much more to run a database forever?
It's not going to work very well
The main argument in favour of the database has been "if you leave DNA at a crime scene we can identify the criminal and send them to prison". My lord, that's a simplistic statement about the value of DNA evidence. Firstly, it relies on DNA evidence being left behind. Despite the impression CSI may give, DNA evidence is nowhere near as prevalent at crime scenes as you might imagine. Rapes are committed that lack DNA evidence. In the disappearance of Madeleine McCann, the only DNA found has been that of the missing girl, not of any potential offender. Saying that we have a database of everyone's DNA is only of any use if there is actually something to match it against.
But what if you do have a DNA sample? What if, say for example, your house was broken into, and you discovered, lying underneath a desk, a watch that did not belong to any member of the household. What if, through the wonders of science, a DNA sample was taken from this watch? And suppose, for example, this sample matched a DNA sample you have on record for a known and past convicted criminal, notorious for committing burglaries? Why, surely the database would prove it's worth! It would be a slam dunk! A cast iron, guaranteed conviction!
You'd think. Well, the above scenario is true. The house was mine, the watch belonged to the burglar, the DNA matched him, he had multiple convictions for burglary, robbery and assault. He was arrested and tried. And found not guilty.
Despite a match on the DNA. This DNA database is not the cast iron guarantee of 100% foolproof conviction that some believe it will be. Because sometimes, even with DNA evidence, there's still the pesky problem of finding someone guilty you have to get past... Which brings me to my next point.
It can be abused
If it can be abused, chances are it will be. No government is innocent. So, you have a database of everyone's DNA. And you have a suspect. But you don't have a DNA match. No problem. Fudge the results. Cook the books. You know what the DNA of your suspect looks like. You just find him in the database, and claim that it matches whatever DNA you found at the scene of the crime. OK, the guilty person might be getting away, but you've managed to put someone who was "good for it". And if you don't think the police would fit someone up, then may I say "Birmingham Six" and "Guildford Four". For those who say "well, the police don't do that nowadays" may I just say "Forest Gate Two". Two men, raided in the early hours of the morning, one shot by anti-terrorism police, and when the police realised there was no evidence of terrorist activity, they tried to frame them on child pornography charges.
Are these the people you trust to be telling you the truth about whether or not DNA has matched?
It's mine
My DNA defines who I am. It makes me, me. Therefore it is my private property, and the government has no right to take it without my consent. I don't know what they'll use it for. Sure, they say it will be for the purposes of a criminal DNA database. But with a DNA sample of every single person in the UK, I'm sure there will be genetic research companies interested in purchasing this information and exploiting it. And why not share the information with our health service, to determine who has susceptibility to which illnesses and deny treatment on this basis. Think it won't happen? Our government loves two things - "joined up government" and wholesale parcelling out of government duties to private companies.
I have no choice
I heard an argument today, that your bank details, birth certificate and passport are matters of record, held on databases, and no-one complains. That is true. But my birth certificate isn't going to be left behind at the scene of a crime to implicate me, rightly or wrongly. As for the others, I can avoid having that information being held by not having a passport, not using a bank. If I'm unhappy about who has the information or how they use it, I can go to another bank, I can demand to know how they are using the information - hell, I have a government that I can complain to. But I have no-one above the government to complain about what they hold. Moreover, I won't have a right to know how the information is being used. My most intimate of all personal details, my own DNA, will doubtless be excluded from the ambit of the Freedom of Information Act.
So, those are my thoughts. I hope I haven't been too "civil liberties". I know that "innocent until proven guilty", "small government", "civil liberties" and "human rights" are unpopular concepts among some segments of society, but for those with no objection to a DNA database (or identity cards) - would you be perfectly happy with a CCTV camera in every home in the UK? After all, only the guilty have anything to fear from this measure. If you are breaking no laws, what is the problem with the government knowing everything about you?
















