David Norris (Independent)

The Minister makes an interesting case. He is right in that this is a question of balance, which one should examine. On the Minister's difficulty in understanding why I described this provision as a penalty, if he ever achieves a national DNA register upon which everyone can be found, having a sample of one's DNA taken would not be a penalty, as there would be nothing unusual about such. However, if the register is one of persons accused or convicted of crimes and if the DNA of the accused is kept even when they are held innocent, the distinction between persons in that category and the rest of the population indicates a significant difference, which would undoubtedly be seen as a penalty.

If a sample is taken from a citizen without his or her consent after being arrested, the charge is subsequently not proceeded with or fails in court and the person is found innocent, the non-destruction of that material seems to constitute a penalty because the person has been found to be significantly different from the non-criminal population as a result of that action by the police and the courts. That is clearly a penalty.