Criminal Investigations (Bodily Samples) Amendment Bill
First Reading
NATHAN GUY (National—Ōtaki) : This Government is delivering on its election promises. This Criminal Investigations (Bodily Samples) Amendment Bill is a very important bill. In 2007 John Key announced this policy at the police conference. National campaigned on this policy, because law and order is a huge issue right across New Zealand. We saw that today, with the revelations about gangs on the front page of the Dominion Post. Chris Tremain talked in the House earlier today about this issue and what it means to people in Napier and, indeed, right across New Zealand.
This legislation is hugely important. It will allow for the DNA profiling of those who may be innocent or who, indeed, may be guilty. Profiling will be a highly effective tool for identifying and catching criminals. I am sure that most people in this House will agree that we have to catch more criminals, protect more people—more victims—and try to make our communities safer right across New Zealand. Currently, DNA samples can be taken only with a suspect’s consent or when someone is suspected of an offence punishable by more than 7 years’ imprisonment. These requirements preclude DNA samples being taken from those suspected of a wide range of significant offences, such as assault with a weapon. They also require police officers to go through the complex process of applying to the High Court for leave to take DNA samples when consent is not supplied.
It is important for those in the House this evening to acknowledge and support this bill. It will be referred to a select committee and people will have a chance to make submissions. I know that there are a few concerns about this bill, mainly around the issue of privacy. As is the case with fingerprint records and photos, DNA records will be destroyed as soon as practicable when charges are dropped or a person is found innocent—that is an important point.
Fears about the potential misuse of genetic information are often based on misunderstandings. The DNA profile currently used by the Institute of Environmental Science and Research in Auckland is only a very small portion of an individual’s total DNA profile. People will realise from watching some of the programmes currently on television, such as CSI—whether or not one believes what one sees on that programme—that a lot of criminals are caught by DNA testing.
Another important point is that this legislation will give the police another valuable tool to catch criminals. It will be one of a wider range of criminal investigation reforms. This was a big part of the Government’s law and order stand—one of our pre-election promises was to upgrade the police’s tool kit. The bill will enable the police to use one of the most sophisticated and modern-day methods of catching criminals. As I said before, this will occur in a two-stage process, and it is important that the House be alerted to that.
Between now and 2011 the Government will phase in the power to conduct DNA testing on every person charged with an imprisonable offence. This will happen in two stages. In the first stage, the police will have the ability to obtain and test the DNA profile of every person charged with a relevant offence. In the second stage, the process outlined at stage one will be extended to all individuals charged with an imprisonable offence.
The Government is supporting this important legislation this evening. It is interesting to note that we have, I believe, the support of the biggest Opposition party, as well. During the election campaign, many people realised that over the last 9 years Labour had been too soft on crime, and now it is up to the National Government to toughen up that stance.
Hon Clayton Cosgrove: Where’s the “Crusher”? Is she here?
NATHAN GUY: I say to Mr Cosgrove that that is why I support this bill. Most New Zealanders will support it, as well.