§ '( )—(1) A justice of the peace may issue a warrant authorising a constable or (as the case may be) an authorised person to enter and inspect premises, provided that admission to the premises is reasonably required to secure compliance with the provisions of this Part, or to ascertain whether these provisions are being complied with.
§ (2) A constable or an authorised person may, if necessary, use reasonable force in the exercise of his powers under a warrant issued under subsection (1).
§ (3) A constable or an authorised person may at any reasonable time—
- (a) require production of, and inspect, any registration plates kept at the premises; and
- (b) require production of, inspect and take copies of or extracts from any records which the person carrying on business as a registration plate supplier is required to keep at such premises by virtue of this Part.
§ (4) A constable or an authorised person in seeking to enter any premises in the exercise of his powers under a warrant issued under subsection (1) shall, if required by or on behalf of the owner or occupier or person in charge of the premises, produce evidence of his identity, and of his authority for entering before doing so.
§ (5) Any person who obstructs an authorised person in the exercise of his duties under a warrant issued under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.'.—[Mr. Bercow]
§ Brought up, and read the First time.
§ Mr. BercowI beg to move, That the clause be read a Second time.
§ Madam Deputy SpeakerWith this it will be convenient to discuss the following: New clause 6—Inspection of premises: Part I—
'( )—(1) A justice of the peace may issue a warrant authorising a constable or (as the case may be) an authorised person to enter and inspect premises, provided that admission to the premises is reasonably required to secure compliance with the provisions of this Part, or to ascertain whether these provisions are being complied with.(2) A constable or an authorised person may, if necessary, use reasonable force in the exercise of his powers under a warrant issued under subsection (1).(3) A constable or an authorised person may at any reasonable time—
- (a) require production of, and inspect, any motor vehicles or salvageable parts kept at the premises; and
- (b) require production of, inspect and take copies of or extracts from any records which the person carrying on business as a motor salvage operator is required to keep at such premises by virtue of this Part.
(4) A constable or an authorised person in seeking to enter any premises in the exercise of his powers under a warrant issued under subsection (1) shall, if required by or on behalf of the owner or occupier or person in charge of the premises, produce evidence of his identity, and of his authority for entering before doing so.253(5) Any person who obstructs an authorised person in the exercise of his duties under a warrant issued under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.'.Amendment No. 30, in clause 9, page 6, line 5, leave out clause 9.Amendment No. 31, in clause 25, page 13, line 14, leave out clause 25.
§ Mr. BercowAs hon. Members who served in Committee are aware, the arguments on the subject of the right of entry to and inspection of premises were well rehearsed in Committee, so there is no need to develop them now. Suffice it to say that, as far as we are concerned, the overweening power of the state to enter and inspect is already very great indeed. We are concerned about that. We believe that warrants should be required. It is not acceptable that entry should occur without them.
§ Mr. Charles ClarkeI commend the hon. Member for Buckingham (Mr. Bercow) on the exceptional brevity and clarity of his speech. Had we only experienced that in Committee and in all our proceedings on the Bill, we would be in a different position today.
As the hon. Gentleman said, we debated the matter exhaustively in Committee. I do not think there is any need to go through the discussions again. Deciding the circumstances in which warrants are needed and the circumstances in which they are not is simply a matter of balance of judgment. In our view, the introduction of the new clauses in this group is inappropriate as they require warrants to be obtained even in the case of registered premises. The Government consider it to be right that a registered business should be open to routine inspection by the enforcement authorities to ensure compliance with the requirements of the House.
Operators will have agreed to comply with the obligations imposed on them under the registration scheme, and it would make no sense to require warrants to be obtained for routine inspections to ensure that the scheme is in fact being adhered to. The Bill already contains a limitation on the power of entry and inspection to such times as are reasonable.
As I said, we have debated the matter at length. I am confident that the power of my rhetoric will have persuaded the hon. Gentleman to withdraw the motion, and I hope that he will do so. If not, I urge my colleagues to vote down the Opposition.
§ It being half-past Eight o'clock, MADAM DEPUTY SPEAKER put forthwith the Question already proposed from the Chair, pursuant to Order [this day].
§ Question put, That the clause be read a Second time.
§ The House divided: Ayes 118, Noes 326.
256| Division No. 92] | [8.30 pm |
| AYES | |
| Ainsworth, Peter (E Surrey) | Boswell, Tim |
| Amess, David | Bottomley, Peter (Worthing W) |
| Arbuthnot, Rt Hon James | Brady, Graham |
| Atkinson, David (Bour'mth E) | Brazier, Julian |
| Atkinson, Peter (Hexham) | Brooke, Rt Hon Peter |
| Beggs, Roy | Browning, Mrs Angela |
| Bercow, John | Bruce, Ian (S Dorset) |
| Beresford, Sir Paul | Burns, Simon |
| Body, Sir Richard | Cash, William |
| Clappison, James | Lyell, Rt Hon Sir Nicholas |
| Clark, Dr Michael (Rayleigh) | MacGregor, Rt Hon John |
| Clarke, Rt Hon Kenneth | McIntosh, Miss Anne |
| (Rushcliffe) | Maclean, Rt Hon David |
| Collins, Tim | McLoughlin, Patrick |
| Cormack, Sir Patrick | Madel, Sir David |
| Cran, James | Malins, Humfrey |
| Davies, Quentin (Grantham) | Maples, John |
| Day, Stephen | Mawhinney, Rt Hon Sir Brian |
| Dorrell, Rt Hon Stephen | May, Mrs Theresa |
| Duncan, Alan | Moss, Malcolm |
| Emery, Rt Hon Sir Peter | Nicholls, Patrick |
| Evans, Nigel | Norman, Archie |
| Faber, David | O'Brien, Stephen (Eddisbury) |
| Fabricant, Michael | Ottaway, Richard |
| Fallon, Michael | Page, Richard |
| Flight, Howard | Paice, James |
| Forth, Rt Hon Eric | Pickles, Eric |
| Fox, Dr Liam | Prior, David |
| Fraser, Christopher | Randall, John |
| Gale, Roger | Redwood, Rt Hon John |
| Gibb, Nick | Robathan, Andrew |
| Gill, Christopher | Ruffley, David |
| Gillan, Mrs Cheryl | St Aubyn, Nick |
| Gorman, Mrs Teresa | Shepherd, Richard |
| Green, Damian | Soames, Nicholas |
| Greenway, John | Spelman, Mrs Caroline |
| Grieve, Dominic | Spicer, Sir Michael |
| Gummer Rt Hon John | Spring, Richard |
| Hague, Rt Hon William | Stanley, Rt Hon Sir John |
| Streeter, Gary | |
| Hamilton, Rt Hon Sir Archie | Swayne, Desmond |
| Hammond, Philip | Syms, Robert |
| Hawkins, Nick | Tapsell, Sir Peter |
| Hayes, John | Taylor, John M (Solihull) |
| Heald, Oliver | Taylor, Sir Teddy |
| Horam, John | Townend, John |
| Howard, Rt Hon Michael | Trend, Michael |
| Howarth, Gerald (Aldershot) | Tyrie, Andrew |
| Hunter, Andrew | Viggers, Peter |
| Jackson, Robert (Wantage) | Waterson, Nigel |
| Jenkin, Bernard | Whitney, Sir Raymond |
| Key, Robert | Whittingdale, John |
| Laing, Mrs Eleanor | Widdecombe, Rt Hon Miss Ann |
| Lait, Mrs Jacqui | Wilkinson, John |
| Lansley, Andrew | Wilshire, David |
| Leigh, Edward | Winterton, Mrs Ann (Congleton) |
| Letwin, Oliver | Yeo, Tim |
| Lewis, Dr Julian (New Forest E) | Young, Rt Hon Sir George |
| Lidington, David | |
| Lloyd, Rt Hon Sir Peter (Fareham) | Tellers for the Ayes: |
| Loughton, Tim | Mr. Keith Simpson and Mr. James Gray. |
| Luff, Peter |
| NOES | |
| Abbott, Ms Diane | Bell, Stuart (Middlesbrough) |
| Adams, Mrs Irene (Paisley N) | Benn, Hilary (Leeds C) |
| Ainger, Nick | Benn, Rt Hon Tony (Chesterfield) |
| Ainsworth, Robert (Cov'try NE) | Bennett, Andrew F |
| Allan, Richard | Benton, Joe |
| Allen, Graham | Bermingham, Gerald |
| Anderson, Janet (Rossendale) | Best, Harold |
| Armstrong, Rt Hon Ms Hilary | Blackman, Liz |
| Ashton, Joe | Blizzard, Bob |
| Atherton, Ms Candy | Borrow, David |
| Austin, John | Bradley, Peter (The Wrekin) |
| Bailey, Adrian | Bradshaw, Ben |
| Banks, Tony | Breed, Colin |
| Barnes, Harry | Brinton, Mrs Helen |
| Barron, Kevin | Bruce, Malcolm (Gordon) |
| Bayley, Hugh | Buck, Ms Karen |
| Beard, Nigel | Burden, Richard |
| Beckett, Rt Hon Mrs Margaret | Burgon, Colin |
| Begg, Miss Anne | Burnett, John |
| Beith, Rt Hon A J | Burstow, Paul |
| Bell, Martin (Tatton) | Butler, Mrs Christine |
| Byers, Rt Hon Stephen | Griffiths, Win (Bridgend) |
| Campbell, Alan (Tynemouth) | Grocott, Bruce |
| Campbell, Mrs Anne (C'bridge) | Hall, Mike (Weaver Vale) |
| Campbell, Ronnie (Blyth V) | Hall, Patrick (Bedford) |
| Campbell—Savours, Dale | Hamilton, Fabian (Leeds NE) |
| Cann, Jamie | Hancock, Mike |
| Caplin, Ivor | Hanson, David |
| Caton, Martin | Harvey, Nick |
| Chapman, Ben (Wirral S) | Healey, John |
| Chaytor, David | Heath, David (Somerton & Frome) |
| Chidgey, David | Henderson, Doug (Newcastle N) |
| Clapham, Michael | Henderson, Ivan (Harwich) |
| Clark, Dr Lynda | Hendrick, Mark |
| (Edinburgh Pentlands) | Hepburn, Stephen |
| Clarke, Charles (Norwich S) | Heppell, John |
| Clarke, Rt Hon Tom (Coatbridge) | Hesford, Stephen |
| Clarke, Tony (Northampton S) | Hewitt, Ms Patricia |
| Clelland, David | Hill, Keith |
| Clwyd, Ann | Hinchliffe, David |
| Coaker, Vernon | Hope, Phil |
| Coffey, Ms Ann | Hopkins, Kelvin |
| Cohen, Harry | Howarth, Rt Hon Alan (Newport E) |
| Cooper, Yvette | Howarth, George (Knowsley N) |
| Corbett, Robin | Howells, Dr Kim |
| Cotter, Brian | Hoyle, Lindsay |
| Cousins, Jim | Hughes, Ms Beverley (Stretford) |
| Cox, Tom | Hughes, Kevin (Doncaster N) |
| Cranston, Ross | Humble, Mrs Joan |
| Crausby, David | Hurst, Alan |
| Cryer, Mrs Ann (Keighley) | Hutton, John |
| Cummings, John | Iddon, Dr Brian |
| Cunningham, Jim (Cov'try S) | Illsley, Eric |
| Dalyell, Tam | Jackson, Helen (Hillsborough) |
| Darling, Rt Hon Alistair | Jamieson, David |
| Davey, Edward (Kingston) | Johnson, Alan (Hull W & Hessle) |
| Davidson, Ian | Johnson, Miss Melanie |
| Davies, Rt Hon Denzil (Llanelli) | (Welwyn Hatfield) |
| Davies, Geraint (Croydon C) | Jones, Rt Hon Barry (Alyn) |
| Davis, Rt Hon Terry | Jones, Helen (Warrington N) |
| (B'ham Hodge H) | Jones, Dr Lynne (Selly Oak) |
| Denham, John | Jones, Martyn (Clwyd S) |
| Dobson, Rt Hon Frank | Joyce, Eric |
| Donohoe, Brian H | Kaufman, Rt Hon Gerald |
| Doran, Frank | Keeble, Ms Sally |
| Dowd, Jim | Keen, Alan (Feltham & Heston) |
| Drew, David | Keen, Ann (Brentford & Isleworth) |
| Dunwoody, Mrs Gwyneth | Kemp, Fraser |
| Eagle, Angela (Wallasey) | Kennedy, Jane (Wavertree) |
| Eagle, Maria (L'pool Garston) | Khabra, Piara S |
| Efford, Clive | Kidney, David |
| Ellman, Mrs Louise | Kilfoyle, Peter |
| Ennis, Jeff | King, Andy (Rugby & Kenilworth) |
| Etherington, Bill | Kumar, Dr Ashok |
| Feam, Ronnie | Ladyman, Dr Stephen |
| Field, Rt Hon Frank | Lammy, David |
| Fitzpatrick, Jim | Lawrence, Mrs Jackie |
| Fitzsimons, Mrs Lorna | Lepper, David |
| Flynn, Paul | Leslie, Christopher |
| Follett, Barbara | Levitt, Tom |
| Foster, Rt Hon Derek | Lewis, Ivan (Bury S) |
| Foster, Michael Jabez (Hastings) | Lewis, Terry (Worsley) |
| Foster, Michael J (Worcester) | Liddell, Rt Hon Mrs Helen |
| Foulkes, George | Linton, Martin |
| Fyfe, Maria | Livsey, Richard |
| Galloway, George | Lloyd, Tony (Manchester C) |
| Gapes, Mike | Lock, David |
| George, Andrew (St Ives) | Love, Andrew |
| George, Rt Hon Bruce (Walsall S) | McAvoy, Thomas |
| Gerrard, Neil | McCabe, Steve |
| Gibson, Dr Ian | McCartney, Rt Hon Ian |
| Gilroy, Mrs Linda | (Makerfield) |
| Godman, Dr Norman A | McDonagh, Siobhain |
| Goggins, Paul | Macdonald, Calum |
| Golding, Mrs Llin | McDonnell, John |
| Griffiths, Jane (Reading E) | McFall, John |
| Griffiths, Nigel (Edinburgh S) | McGuire, Mrs Anne |
| McIsaac, Shona | Sedgemore, Brian |
| McKenna, Mrs Rosemary | Shaw, Jonathan |
| Mackinlay, Andrew | Sheerman, Barry |
| Mactaggart, Fiona | Sheldon, Rt Hon Robert |
| McWilliam, John | Simpson, Alan (Nottingham S) |
| Mahon, Mrs Alice | Singh, Marsha |
| Mallaber, Judy | Skinner, Dennis |
| Marsden, Gordon (Blackpool S) | Smith, Rt Hon Andrew (Oxford E) |
| Marshall, David (Shettleston) | Smith, Angela (Basildon) |
| Marshall, Jim (Leicester S) | Smith, Rt Hon Chris (Islington S) |
| Marshall—Andrews, Robert | Smith, Miss Geraldine |
| Martlew, Eric | (Morecambe & Lunesdale) |
| Meacher, Rt Hon Michael | Smith, Jacqui (Redditch) |
| Meale, Alan | Smith, Llew (Blaenau Gwent) |
| Merron, Gillian | Smith, Sir Robert (W Ab'd'ns) |
| Michael, Rt Hon Alun | Snape, Peter |
| Michie, Bill (Shef'ld Heeley) | Soley, Clive |
| Michie, Mrs Ray (Argyll & Bute) | Spellar, John |
| Miller, Andrew | Squire, Ms Rachel |
| Mitchell, Austin | Starkey, Dr Phyllis |
| Moonie, Dr Lewis | Steinberg, Gerry |
| Moore, Michael | Stevenson, George |
| Morgan, Alasdair (Galloway) | Stewart, David (Inverness E) |
| Morgan, Ms Julie (Cardiff N) | Stewart, Ian (Eccles) |
| Morley, Elliot | Stinchcombe, Paul |
| Morris, Rt Hon Ms Estelle | Stoate, Dr Howard |
| (B'ham Yardley) | Strang, Rt Hon Dr Gavin |
| Mountford, Kali | Stringer, Graham |
| Mudie, George | Stuart, Ms Gisela |
| Mullin, Chris | Stunell, Andrew |
| Murphy, Denis (Wansbeck) | Taylor, David (NW Leics) |
| Murphy, Jim (Eastwood) | Temple—Morris, Peter |
| Murphy, Rt Hon Paul (Torfaen) | Thomas, Gareth (Clwyd W) |
| Naysmith, Dr Doug | Thomas, Gareth R (Harrow W) |
| O'Brien, Mike (N Warks) | Thomas, Simon (Ceredigion) |
| O'Hara, Eddie | Timms, Stephen |
| Olner, Bill | Tipping, Paddy |
| Öpik, Lembit | Todd, Mark |
| Osborne, Ms Sandra | Tonge, Dr Jenny |
| Perham, Ms Linda | Touhig, Don |
| Pickthall, Colin | Turner, Dennis (Wolverh'ton SE) |
| Pike, Peter L | Turner, Dr Desmond (Kemptown) |
| Plaskitt, James | Turner, Neil (Wigan) |
| Pond, Chris | Twigg, Derek (Halton) |
| Pope, Greg | Twigg, Stephen (Enfield) |
| Pound, Stephen | Tyler, Paul |
| Powell, Sir Raymond | Tynan, Bill |
| Prentice, Ms Bridget (Lewisham E) | Walley, Ms Joan |
| Prentice, Gordon (Pendle) | Wareing, Robert N |
| Primarolo, Dawn | Watts, David |
| Prosser, Gwyn | Webb, Steve |
| Purchase, Ken | White, Brian |
| Quinn, Lawrie | Whitehead, Dr Alan |
| Rapson, Syd | Wicks, Malcolm |
| Raynsford, Nick | Williams, Rt Hon Alan |
| Rendel, David | (Swansea W) |
| Robertson, John | Williams, Alan W (E Carmarthen) |
| (Glasgow Anniesland) | Willis, Phil |
| Roche, Mrs Barbara | Winnick, David |
| Rooker, Rt Hon Jeff | Winterton, Ms Rosie (Doncaster C) |
| Rooney, Terry | Wood, Mike |
| Ross, Ernie (Dundee W) | Woodward, Shaun |
| Rowlands, Ted | Woolas, Phil |
| Roy, Frank | Worthington, Tony |
| Ruane, Chris | Wray, James |
| Ruddock, Joan | Wright, Anthony D (Gt Yarmouth) |
| Russell, Bob (Colchester) | Wright Tony (Cannock) |
| Russell, Ms Christine (Chester) | Wyatt, Derek |
| Salmond, Alex | |
| Salter, Martin | Tellers for the Noes: |
| Sanders, Adrian | Mr. Tony McNulty and Mr. Clive Betts. |
| Savidge, Malcolm |
§ Question accordingly negatived.
§ MADAM DEPUTY SPEAKER then proceeded to put forthwith the Questions necessary for the disposal of the business to be concluded at that hour.