Response to interpellation 2022/23:338 on the use of the PKU register in cases of serious crime
Translated from Swedish by AI; the translation may contain errors. The Swedish text is the original.
Summary AI, written in advance
The debate concerned the use of the PKU register in cases of serious crime. Pontus Andersson (SD) argued that it would simplify crime fighting and increase legal certainty if authorities could use the register to match DNA profiles in cases of murder or rape 1 2. He pointed out that it functioned in the murder of Anna Lindh 1. Acko Ankarberg Johansson (KD) responded that the PKU register is not a DNA register and lacks the practical conditions for such use 3. She emphasized that the samples are for care and research, and that use for crime fighting risks worsening care 3 4. KD argued that the register is not suitable for crime fighting 4 5. KD and SD are, however, in agreement on using biometrics as a tool in crime fighting through the Biometrics Investigation 6 7.
Written by AI in advance and may contain errors. The numbers lead to the speech a statement builds on; check against the text below.
Statsrådet Acko Ankarberg Johansson (KD)
Madam Speaker! I have asked the Minister for Justice if he is prepared to, through new legislation, enable the use of the PKU register in cases of serious crime.
The work within the government is distributed in such a way that it is I who shall answer the interpellation.
The question of whether the law enforcement authorities should have the opportunity to use the PKU register for their operations has arisen and been analyzed on several occasions. I would therefore like to take this opportunity to clearly clarify that the PKU register is not a DNA register. The samples taken are not analyzed for DNA, and therefore no information regarding individuals' DNA is entered into the register. It follows from this that there are no practical conditions to use the PKU register in the way that Pontus Andersson requests.
The samples taken are stored in the PKU biobank in order to ensure good opportunities to provide adequate care in the future. It may be that the healthcare system needs to compare newly taken samples with these older samples. It may also be to examine samples from a child who has deceased to investigate whether its sibling suffers from the same disease. In addition to this, the samples can, after ethical approval has been obtained, be used for research.
A new biobank law enters into force this summer, on July 1, 2023. It appears from the law that the use of biobank samples for crime fighting is not a permitted purpose. The Supreme Court established in 2018 that samples in a biobank, in normal cases, cannot be handed over for crime-fighting purposes according to the provisions of the Code of Judicial Procedure on seizure.
An arrangement where samples saved for healthcare purposes could also be used for crime fighting risks resulting in a number of people withdrawing their consent for the samples to be saved. This would diminish the possibilities of providing these individuals with the best possible care as well as worsen the conditions for the biobanks' role in research.
Just as Pontus Andersson mentions, the PKU register was used after the murder of Anna Lindh in 2003. This use was, however, not preceded by any judicial review. In retrospect, the National Board of Health and Welfare directed criticism at the healthcare system, which had handed over the samples without requesting such a review. Even in the criticism that the Parliamentary Ombudsmen, JO, directed towards the prosecutor who had decided on the case, the assessment was made that the question of disclosure should have been reviewed in court.
In this context, it can be mentioned that I and the government take the issue of crime fighting very seriously. It is important that the registers used for crime-fighting purposes are fit for purpose and can be used in an effective manner. It is then a question of registers with purposes other than the PKU register and which can be used without risks to health and medical care. The biometrics investigation, which is to report its assignment by June 20 this year, reviews the conditions for using biometrics as a tool in crime fighting. The purpose is that more persons suspected of crimes should be able to be identified with the help of fingerprints, DNA, facial images or similar information about individual characteristics. The assignment concerns the legal possibilities to collect, store and use such information. The investigation's directives have been developed based on the needs that the Swedish Police Authority has raised in a submission to the government.
In summary, the government has no plans to change the legal situation in the requested direction at this time, partly because it would not have the effect that Pontus Andersson is looking for.
PONTUS ANDERSSON (SD)
Madam Speaker! The interpellation was first addressed to Minister of Justice Gunnar Strömmer, but I thank Minister of Health Acko Ankarberg Johansson for answering this interpellation, which very rightly falls under her area of responsibility.
The PKU register is a biobank at Karolinska Institutet, where blood samples for children born in 1975 or later are stored. It should be added that some who were born at the end of 1974 are also included. The blood samples are stored for care and treatment, for method development, and for research purposes. The so-called PKU test is taken on all newborns to diagnose a number of congenital diseases for which it is important to start treatment early.
The question of using the PKU register for purposes other than those previously mentioned became relevant, as mentioned, in 2003 when Sweden's Minister for Foreign Affairs Anna Lindh was murdered at NK in Stockholm. At that time, the police, for law enforcement purposes, chose for the first and so far only time to use the PKU register for the purpose of obtaining a DNA profile and thereby matching it with the later convicted murderer Mijailo Mijailovic. It went quickly, increased the burden of proof, and enhanced legal certainty.
My view is that it would have significantly simplified the work of law enforcement agencies if it were the rule rather than exceptional exceptions that one used the PKU register in cases of serious crime such as murder, rape or similar serious crime against a person. In this way, one would have both increased legal certainty and reduced the workload for law enforcement agencies.
If the suspect was born in Sweden in 1975 or later and the person's DNA matches the PKU register, it would significantly strengthen the degree of suspicion. A supplementation to the already existing register could be made as a requirement for a foreigner to obtain a residence permit in Sweden, which is an issue mentioned in the Tidö Agreement. On page 31 of the Tidö Agreement, it states that one shall "investigate and propose constitutional changes involving that biometric data, such as DNA data, of third-country nationals applying for a residence permit in Sweden shall be collected and stored in searchable registers to a greater extent than today. The lower age limit for the collection of biometric data shall be lowered."
In a change of the PKU register's primary areas of use, a certain privacy aspect must be weighed, but my opinion is that the possibility of matching suspects' DNA with the PKU register and in that way accelerating the clearance rate and thereby increasing legal certainty and the possibility for crime victims to obtain redress carries more weight.
In his response, the Minister mentions the Biometrics Inquiry, which is to report on its assignment by June 20, 2023, at the latest. The inquiry examines the conditions for using biometrics as a tool in crime fighting. Both I and the Minister look forward to the inquiry's conclusions, but the Minister does not believe that the use of the PKU register specifically for crime-fighting purposes would have the effect I am requesting, even though it worked when it was used 20 years ago.
Unlike a completely new biobank, which I am also an advocate of, the PKU register is complete with everyone who has been born in Sweden for almost 50 years. Does the Minister see any potential whatsoever to use this for law enforcement purposes as was done 20 years ago, or is it seen as completely meaningless?
Statsrådet Acko Ankarberg Johansson (KD)
Madam Speaker! I thank the member for the question.
Just as I said, it is not relevant to use the PKU register for criminal investigation purposes; rather, it is for healthcare purposes. This was confirmed by this assembly in the Riksdag when we dealt with the biobank law, which now applies from July 1. The Riksdag has also not proposed any changed use, and it remains fixed. It was, therefore, a proposal from the government's side, and just recently the Riksdag examined the issue – and the decision stands.
However, the government will work with exactly what is stated in the Tidö Agreement and what will be addressed by the Biometrics Inquiry. I look forward to returning to the inquiry's proposals.
The PKU register cannot be used to search for DNA. That is not how it works. What worked and was specific to the 2003 incident is unfortunately not useful for the questions the member of Parliament raises. On the other hand, we must find ways to produce such things that can facilitate the police's work, and we hope that the Biometrics Inquiry, just as the member of Parliament said, will come with good proposals so that we can find ways to implement what the government wants. But it will not be the PKU register.
PONTUS ANDERSSON (SD)
Madam Speaker! I thank you for the answer.
During an election campaign, many moves are made. A few days ago, I became aware of a move from precisely the Christian Democrats in the election campaign. Less than a year ago, Acko Ankarberg Johansson's ministerial colleague Andreas Carlson, who was then the spokesperson for justice policy, said: Sweden is in a very serious situation, and new dark records are constantly being broken in the number of fatal shootings. Investigations are being piled up. We believe that the benefit of the police and the justice system being allowed to use DNA registers in crime fighting outweighs the risks that exist. With the PKU register available, it will become a powerful tool for the police and the justice system to fight crime.
I agree with what Andreas Carlson said before the election. The Christian Democrats - Andreas Carlson - obviously meant that it would work in the same way as, for example, in the murder of Anna Lindh, that is to produce a DNA profile and match this against a suspected murderer or rapist. My opinion is that it is necessary and would have the intended effect.
Let me be clear. I did not see anything about this initiative until I submitted the interpellation, which was addressed to Gunnar Strömmer. It was only when the Minister for Health and Social Affairs received the question that I saw that the Kristdemokraterna had made an initiative on the issue just over a year ago. This may have been an issue that both Kristdemokraterna and Sverigedemokraterna have raised in the government negotiations but which has not reached a majority there, and therefore the minister and Kristdemokraterna cannot push the issues for that reason. I also have full respect for the reasons the minister has put forward, even though I do not agree on the merits.
The Sweden Democrats are part of the Tidö Agreement, but we stand outside the government. We therefore have a mandate to drive other issues that we consider important, and it is precisely for that reason I have chosen to raise the issue of the PKU register in cases of serious crime.
In his opening remarks, the Minister highlighted the Biometrics Inquiry, which is to review the conditions for using biometrics as a tool in crime fighting. The purpose is that more persons suspected of crimes should be able to be identified by fingerprints, DNA, facial images, or similar information regarding individual characteristics. The extract concerns the legal possibilities to collect, store, and use that information.
Does the Minister consider that such a searchable register would have been expedient for crime-fighting purposes?
Statsrådet Acko Ankarberg Johansson (KD)
Madam Speaker! I thank the member for the supplementary questions.
To begin with, I want to say that it is always the case that when an investigation is ongoing, a minister may not comment on the result. Unfortunately, I cannot do that regarding this investigation either, and it is a bit difficult. Once investigations have been commissioned, as I have had in my areas, one may not say anything until they are finished and the referral responses have been seen. But that belongs to the rules of the game. On the other hand, members are free to have opinions on what they want an investigation to result in. The Government must, however, when a matter has been handed over to an investigation, await the answer, send it for referral, and then compile and make a joint assessment.
Minister Carlson's view is the same as that which appears from the government's response which I have submitted today. The PKU register does not work for DNA searches. That is a fact. Therefore, one cannot do the things the member desires in that way. On the other hand, we want to achieve the same effect, and I hope that the Biometrics Inquiry can contribute to the basis for what can be done moving forward. We will have to return to that together.
PONTUS ANDERSSON (SD)
Madam Speaker! I thank the Minister for the answer.
Even though we do not seem to agree on exactly what opportunities exist with the PKU register for law enforcement purposes, it feels good that both the Minister and I see the advantages of using an expanded biometric register for law enforcement purposes.
For my part and for the Tidö parties in the Committee on Justice, it feels good that the Minister lives up to the writings on biometric data mentioned in the Tidö Agreement. I therefore do not intend to extend the debate any further than that.
I can conclude by mentioning that for a person who has long been involved in issues linked to crime fighting, it feels good that my party and the government, through the Tidö Agreement, are in agreement on a number of measures that will make Sweden a safer country. It is not just about issues regarding biometric data, which are important for crime-fighting purposes, but it is also about issues regarding stricter punishments, more police, more prison places and deportations of criminals, among others. But that is another discussion.
I thank the Minister for the debate and look forward with anticipation to the answer from the Biometrics Inquiry.
Statsrådet Acko Ankarberg Johansson (KD)
Madam Speaker! I thank the member for the questions.
I hope that we have jointly contributed to clarifying some of the question marks that may exist in these issues.
There are two completely decisive things. One thing is that the government and the coalition partner Sverigedemokraterna succeed with crime fighting. There is so much to do. It is a neglected area, and it means that many children are growing up today in an area where the parents do not dare to send them out into the yard because a stray bullet could come and harm the children. It is a situation that we did not think anyone would need to consider. We thought it was well those who usually fight with each other, but no, today this happens in many places. Completely innocent people are affected, not just the two who usually fight.
It is extremely serious for the entire society that crime is so high, and it affects the lives and everyday routines of ordinary people. It is therefore necessary that we succeed in handling the issue so that children and young people get a safer upbringing - but also that adults get it safer.
The second thing is that we are to use appropriate tools, but the PKU register is not appropriate in that regard. We must find other ways that are appropriate and that give the police the tools they need to succeed in their work.
I hope that we, with joint efforts, find the right tools so that the police can continue their important work.
Source: The Swedish Parliament. The speeches come from the open data of the Riksdag, translated into English by AI, which may contain errors.