HC Deb 17 February 1943 vol 386 cc1739-40
61. Sir Leonard Lyle

asked the Parliamentary Secretary to the Ministry of Food in what circumstances and by what authority of statute or legislation officers of his Department exercise the power to enter private residences for any purpose?

Mr. Mabane

It is provided by Regulation 88A of the Defence (General) Regulations, 1939, that where a justice of the peace is satisfied by information on oath that there is reasonable ground for suspecting that an offence against any of the Defence Regulations…has been or is being committed and that evidence of the commission of the offence is to be found at any premises specified in the information…he may grant a search warrant authorising any constable…together with any other persons named in the warrant…(which would include officers of my Department) to enter those premises at any time within one month from the date of the warrant and to search the premises. The Regulation further provides that where it is impracticable to apply for a warrant a police officer of a rank not lower than that of a superintendent or a person authorised by the Secretary of State may by written order confer a similar power on similar persons. Officers of my Department do not normally exercise the authority to which I have referred. Inspectors are instructed, in normal circumstances, to ask the occupier of private premises for permission to make any such search, and to make it clear that the inspection is not claimed as a matter of right and to withdraw without demur if permission is refused. I should add that another Defence Regulation, Regulation 55 (1) (DA), empowers a competent authority—and my Noble Friend is one—to provide by Order for authorising the entry and inspection of any premises (including private premises) to which that Order relates. One such Order made by my Noble Friend is the Acquisition of Food (Excessive Quantities) Order, 1942, under which any person authorised by him in writing may enter upon any premises in which such person has reason to believe that food of any description is being kept, which has been acquired in contravention of the Order, and may carry out such inspection of the premises as he may consider necessary.

Mr. Maxton

Do we understand the answer to mean that under an order from the Ministry of Food police officers can enter the house of any citizen?

Mr. Mabane

Very careful instructions are given to secure that before any premises are visited notification is presented to the occupier by the inspector, and in the event of refusal by the householder of permission to enter and inspect the premises, the inspector should withdraw without demur. The last sentence of the notification is: I desire to make it clear that inspection is not claimed as a matter of right, and to express the hope that you will nevertheless be prepared to accede to this request.