Justice Minister Naomi Long has launched a consultation on proposed amendments to the biometric provisions set out in Schedule 2 of the Criminal Justice Act (Northern Ireland) 2013.

The Department of Justice has not brought the provisions of the CJA into operation because of concerns that a large volume of DNA and fingerprints related to people who have not been convicted of criminal offences would fall for deletion from police databases. Officials believe this could undermine the investigation of unsolved Troubles-related deaths.

However, the European Court of Human Rights (ECtHR) dealt a blow to the PSNI’s existing DNA and fingerprints regime in February after ruling in Gaughran v UK that the policy of indefinite retention of DNA profiles, fingerprints and photographs of individuals convicted of a criminal offence was a violation of Article 8 of the European Convention on Human Rights.

The consultation, which will run until 28 August 2020, sets out proposals to amend and supplement Schedule 2 of the CJA, including corrective measures in response to the Gaughran judgment that will ensure that the future legislation governing the retention of DNA and fingerprints in Northern Ireland is fully ECHR-compliant before it is brought into operation.

Commenting on the consultation, Ms Long said: “These new proposals amend and supplement existing legislation which, when commenced, will provide the future statutory framework for the retention of biometric data in Northern Ireland. This is an important area of public policy and I would encourage all who have an interest to respond to this consultation.”