HC Deb 19 July 1990 vol 176 cc1219-20

Lords amendment: No. 15, in page 24, line 47, leave out from "then" to "any" and insert subject to subsections (3A) and (3B) below, if a constable or

Mr. McLoughlin

I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker

With this, it will be convenient to consider Lords amendment No. 16.

Mr. McLoughlin

The amendments seek to strengthen the rights of private householders in harbour areas where a search of their home is necessary.

The amendments present two safeguards for householders who, often by accidents of geography or history, live within harbour areas. First, in line with general practice, only constables with a warrant will be able to carry out searches of private residences, and, secondly, only certain constables will be able to carry out such searches. Searches of private dwellings outside harbour areas are not possible under the terms of the Bill.

Clause 22 has been substantially amended, but the Government never intended to use the powers in the Bill to require private residences to be searched by security guards. Where there was a need for a private residence within a harbour area to be searched—that would be agreed to only after the most careful consideration—the Secretary of State would require it to be carried out by the appropriate constables. That has been formalised by the amendments.

Mr. Snape

The amendments touch on an important point of principle. Hon. Members will agree that the redrafting of the regulations for the searching of private premises within harbour areas is welcome.

There was an exchange in anoher place between the Minister and my noble Friend Lord Underhill about the port of Harwich. I do not press the Minister if he does not have the information immediately to hand, but doubt was expressed about whether clause 22, as amended by their Lordships, would cover specific problems in and around a port.

If the Minister has any information, we should be delighted to hear it, but we rest content on the important point of principle that it will be impossible to search private homes within a harbour area without the acquisition of a proper warrant.

Mr. McLoughlin

I confirm what the hon. Gentleman has said. We were concerned about how this problem came to light and we have substantially amended the clause to meet some of the objections that he made.

Mr. Merlyn Rees (Morley and Leeds, South)

If a private security guard approaches a constable, on what grounds does the constable make a search?

Mr. McLoughlin

I shall try to help the right hon. Gentleman, but I am aware of his tremendous knowledge on the subject. The only people who will able to carry out searches of private homes in harbour areas are constables.

Mr. Rees

I understand that, but on what grounds does the constable carry out the search? Does he question the security guard before making a decision?

Mr. McLoughlin

A search would be carried out under the necessary direction by a constable of the appropriate forces. I am sure that the right hon. Gentleman understands the words "appropriate forces".

Question put and agreed to.

Lords amendments No. 16 to 19 agreed to.

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