Thank you for inviting us to talk to the committee.
My role is defined under the Protection of Freedoms Act 2012, and the remit that I have follows the current extent to which powers are devolved, or not devolved, across the United Kingdom. My role in national security is a UK-wide responsibility because security is currently a non-devolved matter. Therefore, I cover national security matters in England and Wales, in Northern Ireland and in Scotland.
As I am sure members are aware, my basic function in that regard is for when the police have no other legal power by which they would be able to take or retain biometrics, and so keep biometrics if a chief officer of police makes a national security determination. The grounds for such determinations are laid out in legislation. I have to look at all such national security determinations and, if for any reason I think that they have not been properly made, I have the power to order deletion of the biometric material.
There have been, comparatively, very few national security determinations from Scotland. Since the 2012 act came into force, there have been 21 NSDs from Scotland, which is really quite a small number compared with the number from England and Wales. Therefore, the power has not been used to any great extent in Scotland—although of course that could change, depending on what happens.
For police use of biometrics for reasons other than national security, my remit is limited to England and Wales, because such reasons are a devolved matter. Therefore, Police Scotland’s use of biometrics for any reason other than national security is a matter for the Scottish Parliament, and not Westminster. The same is true for Northern Ireland. My remit in that regard only covers England and Wales.
The difference between my role and what is proposed in the bill is quite significant. Under the 2012 act, my role covers only DNA, fingerprints and shoe impressions—although I am not clear why, because shoe impressions are not biometric. My role does not explicitly cover what I call second-generation biometrics. Through the bill, the Scottish Government is seeking to find a way of providing governance for police use of second-generation biometrics. The Scottish Government should be congratulated because Scotland is, as far as I know, the first country in the world that is trying to do that.
Many other countries are quite interested in what Scotland is doing, because they are all aware that they have similar issues. In particular, they are interested because the Scottish Government has come up with a form of legislation that the proposers at least believe will be flexible enough to cope with the fact that the technology in this area is moving very rapidly indeed.
I have no remit in respect of the new biometrics. I commented on second-generation biometrics in my annual report simply because I am constantly asked about them and the police constantly come to me and discuss them. My having no remit on them has not stopped people assuming that I do. That is why they are covered, to some extent, in my annual reports.
The proposed Scottish commissioner will, of course, have an active role—which I do not have—in determining the way in which governance operates in the future, because they will have the responsibility for drawing up codes of practice. I have no such proactive role in England and Wales.