HC Deb 17 December 1959 vol 615 cc1637-9
38. Mr. Thorpe

asked the Secretary of State for the Home Department whether he is satisfied with the existing methods adopted by the Metropolitan Police when towing away motor cars which are causing an obstruction; whether he is aware that the police have interfered with private documents and personal possessions found in such motor cars; and whether he will give general directions to them, in order to protect the public from having their motors subjected to general search.

Mr. Renton

The police are required by The Removal of Vehicles (England and Wales) Regulations, 1957, to make arrangements for the safe custody of cars and of the contents of cars removed from the roads under the Regulations. The arrangements made by the Commissioner of Police provide in certain circumstances for removable property to be listed and stored in a safe place. My right hon. Friend has no reason to think that these arrangements are not satisfactory.

Mr. Thorpe

Does the hon. and learned Gentleman agree that the listing of objects found in a motor car is one thing and the emptying of contents of brief cases or other cases is quite another thing and that Regulation 6 of the Statutory Instrument to which he has referred relates only to the custody of the vehicle and gives the police no right of general search? Will the hon. and learned Gentleman point out that the protection of the public and the listing of objects is one thing, but that the examination of documents found within cases is quite different and grossly in excess of the powers given to the police under these regulations?

Mr. Renton

A great many separate issues are raised by that supplementary question. I should, however, point out that Regulation I of the Regulations states that a vehicle includes the load carried in the vehicle. There is no doubt whatever about the power of the police to list articles found in a vehicle. It is not the police practice to empty brief cases, but to protect both the public and police in cases of dispute as to what may have been contained in brief cases, especially when valuable articles are involved, it has been the practice hitherto not to empty the cases and list every article, but to note broadly what a case appears to contain from a superficial examination and the mere opening of it. Even this practice, however, has been experimentally suspended during the Christmas period. Instead, other arrangements are being made which, it is hoped, will give equally good protection to both the police and the public.

Mr. Thorpe

Can we be told what those other arrangements are?

Mr. Renton

I cannot go into it all at Question Time, but, briefly, the new arrangements consist of the sealing of the car where that is possible.

Mr. E. Fletcher

Whatever the Regulations say, may we have an assurance that since most of these cars are collected within an hour or so after they have been towed away, there will not be any interference with brief cases in any car?

Mr. Renton

Certainly, that is so where it is practically and physically possible to seal up the car. Where that is not possible, however, it is necessary to list the contents of the car, including the posibility of any valuables that are there.

Mr. Gordon Walker

If the car cannot be sealed, would it not be simpler to seal the brief case?

Mr. Renton

That is a most constructive suggestion and I will invite the Commissioner's attention to it.