Home Affairs Minister Senator David Burch questioned the motives of the Opposition in the Senate yesterday while answering Parliamentary Questions on the Bermuda DNA database currently being rolled out by Police.

Sen. Burch spoke out in response to questions tabled by United Bermuda Party Sen. Michael Fahy last week, implying that the Opposition Senator had been influenced by the local media.

"I was quite taken aback by the tone of these, but when I saw the Mid-Ocean [News] I knew where they were coming from," Sen. Burch said.

He explained that the DNA database is intended to fight crime, adding: "There will be no withdrawal from that. Wherever these questions are leading they will not find any favour with us."

Sen. Fahy's Parliamentary Questions focused on what happens to the DNA samples of those arrested but not convicted. The European Court of Human Rights recently decided that it was unlawful for the UK Government to hold onto the DNA samples of those acquitted of crimes. The UK Home Office has launched a consultation following this ruling, but no decision has been made.

Sen. Burch said in his response to Sen. Fahy's questions that "there is no legal provision requiring the Commissioner of Police to destroy the [DNA] sample lawfully obtained", but that policy "will usually be based on guidance received from the UK Home Office".

"The Bermuda Police Service is maintaining an open mind and will await the outcome of the appeal and any subsequent Home Office guidance," said Sen. Burch in his response. "We note that the ECHR ruling has not changed the manner in which DNA is managed in the UK."

Sen. Fahy issued a statement following yesterday's Senate seeking assurance "that if and when guidelines are issued by the UK's Home Office following the ECHR ruling the same guidelines will be followed in Bermuda".

Sen. Burch did not respond when asked whether any new UK guidelines would be followed.

Sen. Fahy told The Royal Gazette yesterday afternoon that he had not tabled his Parliamentary Questions based on an article on DNA databases in the Mid-Ocean News, saying: "I had not in fact read the article until the Minister made mention of it. Both the Opposition and indeed the media have a duty to raise issues of importance to the public. Sometimes those issues happen to coincide."

Sen. Fahy's DNA PQs

1. Would the Honourable Minister please inform the Senate as to whether DNA samples, which are proposed to be collected and stored pursuant to provisions of the Police and Criminal Evidence Act, will be expunged if a person arrested for a recordable offence is not convicted of the offence for which he or she was arrested and the DNA sample was collected?

2. Would the Honourable Minister please inform the Senate as to how long the DNA sample given by a person who is convicted of a recordable offence, will be kept and maintained on file by the Bermuda Police Service and/or the relevant Government department, agency or service provider?

3. Would the Honourable Minister please inform the Senate as to who will have access to the DNA database being established and maintained by Trinity DNA Solutions, and as to whether a person whose DNA sample is accessed be informed about this?