Jacqui Smith’s new plans erode principles of innocent until proven guilty to create a New Labour-style third way: innocentish
It is perhaps ironic that the home secretary should seem so hellbent on collecting the nation’s DNA while still reeling from the embarrassment of her husband‘s presumed attempts to spill his at the taxpayer’s expense. If it is irony then it is doubly so, as Smith is the minister charged with upholding the rule of law yet has such utter contempt for it and its principles. The EU court ruling stated very clearly that the DNA profiles and samples of the 850,000 innocent people currently on the database should be removed.
Smith’s response is to leave them on the DNA database for between six and 12 years. At best this is a childish kind of belligerent foot-dragging and at worst it is plain illegal. What is certain is that campaigners will challenge this, and once again Smith will be hauled into court.
The continued inclusion of innocent people‘s DNA on the database throws up several concerns. At a most basic level it flies in the face of our most natural notions of fairness. Why should some have their DNA profiles among the guilty and others not. The only reason provided so far is chance, a chance encounter with the police.
Secondly, Smith’s new regime leaves the innocent who have been cleared of charges of minor, non-violent crime on the database for six years, which erodes the principle of innocent until proven guilty and in classic New Labour fashion creates a third way, neither innocent or guilty but innocentish.