(Secretary of State for the
Home Department): I am providing an update on
progress made following my statement to the House on 25 October
on the Home Office’s use of DNA evidence in immigration
applications.
I would like to reiterate that no-one should have faced a demand
to supply DNA evidence and no-one should have been penalised for
not providing it. I have apologised to those affected by this
practice and committed to get to the bottom of what has gone on
in relation to DNA evidence.
On 8 November the Home Office published new overarching policy
guidance on the use of DNA evidence in the whole of the Borders,
Immigration and Citizenship System on gov.uk. This guidance makes
clear that the Home Office cannot mandate individuals to provide
DNA evidence, or draw any negative inferences from non-provision.
However, it also makes clear that individuals can volunteer such
evidence to demonstrate a biological relationship. It will help
to ensure there is a consistent approach across the whole BICS
system and it will be used in parallel with guidance on
individual routes and schemes (e.g. Gurkhas).
The Home Office is also arranging bespoke training sessions with
frontline staff to ensure that operational practice aligns with
the overarching policy position on the use of DNA evidence. The
published guidance related to Gurkhas has been corrected and
re-issued.
On 24 October I established a Taskforce so that anyone who feels
that their case may have been influenced in any way by an
inappropriate demand for DNA testing, can receive advice and
support. Details of how to contact the Taskforce were sent to
honourable Members and publicised on Home Office social media
channels as well as on gov.uk. As of 14 November, the telephone
helpline had received a total of 25 calls. 17 of these calls have
been referred to the Taskforce and are being actively reviewed.
We will arrange reimbursement for individuals who contact us
using the Helpline, if the individual has suffered financial loss
because the Home Office required DNA evidence from them when we
should not have.
Likewise we will proactively contact individuals who are known to
have been required to provide DNA evidence and did so, to arrange
reimbursement.
The vast majority of outstanding Operation Fugal cases I referred
to in my statement have now been concluded and Home Office
officials are continuing to work to conclude any remaining cases
as soon as possible.
Some cases will take longer to conclude where we have requested
further information to help us make a decision. There are a
number of cases we are currently unable to conclude where there
are outstanding criminal proceedings, although to date there have
been no criminal charges brought against any individuals as a
result of Operation Fugal.
I can now confirm that I have appointed Darra Singh OBE to
conduct the independent assessment on the Home Office’s approach
to establishing the numbers involved, the operational response,
the policy response and the extent to which follow-up training
and communications have addressed the issue. Darra brings
significant experience, skills and credibility to this task.
I stated that I will review more broadly our structures and
processes to ensure that they deliver a system in a way that is
fair and humane. I am considering what form that review will take
and I will provide an update to the House in due course.
