To ask the Secretary of State for the Home Department (1) with reference to the written ministerial statement of 11 November 2009, Official Report, columns 25-28WS, on DNA and fingerprint retention, whether those stopped and searched under section 44 of the Terrorism Act 2000 will have their DNA retained; (301933)

The stop and search powers under section 44 of the Terrorism Act 2000 do not include a power to take a DNA sample (or fingerprints) from a person.

However, if a person is arrested following a search under section 44, samples and fingerprints may be taken and will be retained. The relevant retention arrangements will then apply.

No figure is available in relation to the number of people initially stopped and searched under section 44, whose DNA has been retained because of a subsequent arrest. Profiles held on the national DNA database do not include the relevant legislation a person was arrested under, it only has the relevant police national computer (PNC) reference where this information would be held.

To ask the Secretary of State for the Home Department if he will bring forward proposals to amend the National DNA Database to take account of the recent ruling of the European Court of Human Rights; and if he will make a statement. (305171)

My right hon. Friend the Home Secretary set out the Government’s proposals for implementing the judgment of the European Court of Human Rights in the case of S and Marper in a written ministerial statement on 11 November 2009, Official Report, column 25WS. Legislation to give effect to these proposals is set out in the Crime and Security Bill, introduced on 19 November 2009.