Commentary on Sections Section 24: Regulation of Biometric Data
116.Section 24 makes a minor and technical amendment to paragraph 8 of Schedule 1 to the Protection of Freedoms Act 2012 (the “2012 Act”).  Paragraph 8 of Schedule 1 contains two order making powers that enable the Secretary of State to make an order regarding the retention, use and destruction of DNA samples and profiles, fingerprints and footwear impressions (biometric data) in Northern Ireland for excepted or reserved purposes (in particular, in the interests of national security or for the purposes of a terrorist investigation) if an Act of the Northern Ireland Assembly made in 2011 or 2012 makes provision regarding the retention and use of biometric data for transferred (devolved) purposes.  The order may also make provision in respect of a transferred matter where that matter is ancillary to an excepted or reserved matter.  By virtue of paragraph 8(6) and (7) the order is subject to the affirmative resolution procedure if it amends or repeals primary legislation and to the negative resolution procedure if it does not.
117.Section 24 amends paragraph 8 of Schedule 1 to the 2012 Act to enable the order to be made by the Secretary of State if the Act of the Assembly is made in 2013 or 2014 (rather than 2011 or 2012). The amendment is necessary because the Assembly did not pass the relevant legislation before the end of 2012 and because the Assembly passed legislation in 2013 (the Assembly’s Criminal Justice Act (Northern Ireland) 2013received Royal Assent on 25 April 2013).