HC Deb 12 May 1965 vol 712 cc646-8
Mr. George Thomas

I beg to move Amendment No. 10, in page 2, line 25, to leave out "in a public place".

Perhaps it would be for the convenience of the Committee, Mr. Speaker, if we took with this Amendment, Amendments Nos. 11 and 12.

Mr. Speaker

If the House so pleases.

Mr. Thomas

I am sorry that we have come to the end of the Scottish accent for the time being. I always enjoy hearing it. I am always very surprised when I find such harmony, but I shall continue the harmony. We had an agreeable Standing Committee. The right hon. Gentleman the Member for Argyll (Mr. Noble), the former Secretary of State for Scotland, said earlier that he was sorry that he had not served on the Committee. I am sorry that he was not there, because it was a Committee in which very persuasive arguments were put forward in a constructive way by the Opposition. The Government listened to those arguments with sympathy and consideration, and have since studied the Amendments to which they related. The result is that we have tabled these Amendments.

The Amendment that I have moved is a purely drafting Amendment, necessitated by Amendments made in Committee applying the powers given to constables by Clause 5 to the armed trespass offences in Clauses 3 and 4. Amendment No. 11, in page 2, line 37, is another good example of the improvements that we have made in the Bill as we have gone along. It extends the power of a constable given by Clause 5(3) to search a vehicle in a public place for firearms to vehicles on private land.

This meets the point made by the hon. Member for Norfolk, South (Mr. J. E. B. Hill), in Committee, that there was otherwise an obvious escape route, because any armed trespasser could simply pull off the highway on to private land. We have given much thought to the hon. Gentleman's argument. Since another Amendment is being introduced to give the police a right of entry on to private land Amendment No. 11 is a reasonable parallel move to take.

Amendment No. 12, in line 42, results from another Amendment for which the Opposition pressed in the Standing Committee. I would here pay my tribute to the hon. Member for Rye (Mr. Bryant Godman Irvine), who had his Private Member's Bill on armed trespass all lined up, but who, as a result of our discussions and deliberations together in Committee, withdrew his Bill on undertakings from us that we would meet the point that he had advanced.

This extends the power of arrest without warrant to offences committed under Sections 17, 21 and 24 of the 1937 act. Section 17 relates to the possession of prohibited weapons, Section 21 to the illegal possession of firearms after release from prison, and Section 24 to the illegal shortening of guns, the conversion of imitation firearms into firearms, and the illegal possession of shortened shotguns and converted firearms.

It only remains for me to tell the House that the police themselves will welcome this additional power. They believe that it will strengthen their hands in the fight against crime on which they are embarked. I know that, since we are fulfilling promises we made in good faith to the Opposition in Committee, these Amendments will be welcome to the House.

Mr. Sharples

Once again, we are grateful to the hon. Gentleman for tabling these Amendments, which meet in almost every case points we made in Committee. I need detain the House no longer. I hope that the House will accept the Amendments.

Mr. Bryant Godman Irvine

I again add my thanks to the Joint Under-Secretary for the undertaking which he gave me, which appears at column 136 of the OFFICIAL REPORT, Standing Committee E, 23rd March, 1965. I thank him for the way he has carried out that undertaking. The vital thing for the country is that the constable shall have the right to enter on to private land. This was a point on which there was a little reluctance at some stage in Committee. The Joint Under-Secretary gave us the undertaking in Committee and this has been implemented in the Amendments.

Mr. J. E. B. Hill

I, too, thank the Home Secretary for meeting the points we made in Committee. I am sure that the job of the police will be made more effective and easier. Much time and trouble will be saved. It is not often that back benchers push three or four points in Standing Committee and have the satisfaction of having them accepted after reflection by the Government. We are grateful for the attention we have been given.

Amendment agreed to.

Further Amendments made: In page 2, line 37, after "place", insert: or that a vehicle is being or is about to be used in connection with the commission of an offence under the foregoing provisions of this Act elsewhere than in a public place". In line 42, at end insert: or under section 17 (prohibited weapons and ammunition), section 21 (prohibition on exprisoners and others from possessing firearms and ammunition) or section 24 (shortened shot guns) of the principal Act. (5) For the purpose of exercising the powers conferred by the foregoing provisions of this section a constable may enter any place. (6) A constable may seize and detain any firearm or ammunition which may be the subject of an order for forfeiture under section 25 of the principal Act (power of court to order forfeiture of firearms or ammunition on conviction for certain offences). (7) Subsection (5) of this section shall not be construed as prejudicing any power of entry exercisable by a constable apart from the provisions of that subsection and subsection (6) of this section shall not be construed as prejudicing the power of a constable, when arresting a person for an offence, to seize property found in his possession or any other power exercisable by a constable apart from that subsection of seizing firearms, ammunition or other property".—[Mr. George Thomas.]