The DNA of the UK Constitution

The European Union really makes my blood boil. If they’re not telling us what shape our bananas should be, they’re ordering our grocers to sell potatoes by the metre. Now, in the latest piece of politically correct European legislation, convicted paedophiles will be allowed to keep a pale 8 year old boy in their cells, after the European Court of Justice ruled that this was a fundamental “Yuman Rite”.* You couldn’t make it up.† We’re literally going to hell in a handcart.

Or so you’d believe if you had access to no other media than the Daily Mail. But even readers of what Alan Partridge described as “arguably the best newspaper in the world” surely can’t complain about a recent judgement from the European Court of Human Rights (ECHR) which ruled that it is illegal to retain DNA profiles and fingerprints of people who have never been convicted of a crime.

The case was brought by two men from Sheffield whose DNA was taken after they were arrested on two separate and unrelated charges; one case involving alleged harassment was dropped, while the other man was acquitted of attempted robbery. Yet in spite of their innocence, these two men’s DNA and prints are still on a national criminal database, along with 570,000 other profiles of innocent individuals (some sources, notably today’s Guardian, say 850,000).

In reaction to the ruling the Home Secretary, Jacqui Smith, said that while she was “disappointed” (shouldn’t that be “disappointing”? Ed.), the existing law would remain in place “while we carefully consider the judgement.”

Well Jacqui, consider this. Presumption of innocence is an inseparable part of this country’s DNA, stretching back at least to Magna Carta. The principle of ei incumbit probatio qui dicit, non qui negat (that the burden of proof rests on whom asserts and not on whom denies, for those of you with a state education) is a fundamental foundation of our entire legal system which, in spite of frequent criticisms, remains one of the best in the world.

Ms Smith argues that DNA and fingerprinting is vital in the fight against crime, and claims that it provides the police with more than 3,500 matches a month. But Jacqui, we’re going to let you into a little secret. You know that statue of Justice on top of the Old Bailey? What’s that she’s holding in her left hand? That’s right – scales! And do you know what that represents, Jacqui?
Yes, it’s balance! And that’s what justice is all about – balance.

Taking the Home Secretary’s comments at face value, we should take the prints and DNA of every British child at birth; then we’d have a nice big database of everyone’s details. But that wouldn’t play very well with the public, would it, so how about taking young people’s DNA the moment they turn 16 – what could be objectionable about that?

Merely the fact that it criminalises the innocent and robs us of a fundamental principle of our centuries-old legal system.

The EU can often be a ponderous, calciferous and obtuse organisation, but we should applaud it when it makes the right decisions. Well done.

* Probably.
† Well, actually you could.