HC Deb 30 January 1989 vol 146 c51
Mr. Douglas Hogg

I beg to move amendment No. 1, in page 7, line 38, at end insert 'express'.

Madam Deputy Speaker

With this, we may discuss Government amendments Nos. 2 and 3.

Mr. Hogg

I move the amendment formally, but if specific questions arise, I shall be pleased to try to answer them.

Mr. Archer

I do not wish to detain the House, but I should be grateful if the Minister would explain the case for amendment No. 1. On the face of it, I cannot see the difference between a police officer giving "express" instructions to someone to take a particular course of action or implying that he has given those instructions and allowing someone to think that this is the course of action that he wishes them to take.

Mr. Hogg

In the absence of the word "express" there could be dispute. People might assume that they have received implied consent and there could be an argument about that. It is better by far to make it plain that the consent must be express, that is why we have tabled the amendment.

Mr. Archer

I only hope that it will be made clear to police constables that they should take great care and not let anyone think falsely that he is being encouraged to take a particular course of action.

Amendment agreed to.

Mr. MacLennan

On a point of order, Madam Deputy Speaker. Amendment No. 28 was not a Government amendment. I wonder whether there is any way of the House knowing at this stage whether the Government accepted that amendment.

Madam Deputy Speaker

There is no way now that we can go back to that. The Government have not accepted the amendment.

Amendments made: No. 2, in page 7, line 43, after 'made', insert 'after he enters into or otherwise becomes concerned in the transaction or arrangement in question but is made'.

No. 3, in page 7, line 44, at end insert 'but paragraphs (a) and (b) above do not apply in a case where, having disclosed any such suspicion, belief or matter to a constable and having been forbidden by a constable to enter into or otherwise be concerned in the transaction or arrangement in question, he nevertheless does so'.—[Mr. Douglas Hogg.]

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