My Lords, I am grateful to the noble Lords who have spoken in this debate and to the Minister for his careful response. I echo both his thanks to those in his department who organised the learning session last week and his view that it sets a good example; it would be very good to hear more often from experts in the department—particularly about the use of technology, where Members of this House perhaps have less expertise than they do in other legal areas.
My noble friend Lady Hamwee asked a number of questions, some of which were answered by the Minister. I am not sure that he addressed the question of what is meant by, and what the criteria are for, “high-risk” perpetrators. She also wanted to know what exactly is meant by “failing” a test; I understand, as did the
Minister, the concept of evaluating a test, but there is a problem with our general understanding of results of polygraph tests as binary and with the use of the term “failed test”, which frequently figures in discussions around this issue. Given his echo of the description of answers as “somewhere between yes and no”, as expressed by my noble friend Lady Hamwee, the Minister clearly appreciated that these tests cannot provide definitive answers. Will he and others give consideration to how far they should be treated as more indicative than binary?
I am less concerned about the use of information, as described by the Minister, that is derived from polygraph testing and used to submit information to the police for further investigation, which would then come up with real evidence. I am, however, a little concerned about recall based on disclosures. I understand the point that there is some similarity between disclosures that arise as a result not of polygraph testing but of, for instance, discussions with probation officers; however, I still think that there need to be safeguards. The Minister may like to consider those and put out some guidance as to how they are to be dealt with.
4.15 pm
I join my noble friend Lady Hamwee and the noble Lord, Lord Kennedy, in questioning how far it is appropriate to use US systems of accreditation for testing in this country. I take the point that there is proper training for polygraph operators in this country, but I am not sure that the Minister answered the point about the origin of the accreditation system.
I understand what the Minister said about piloting and the role of Parliament in considering polygraph testing. I understand that he will lay a report on the rollout before Parliament so that it can consider it, but I would like to know if it is proposed that there will be further regulations before the clause and system are made permanent, which will need parliamentary approval—perhaps he could tell us that in due course. However, on the basis of what he has said, I withdraw my opposition to the Question that Clause 69 stand part of the Bill.