HC Deb 02 April 2003 vol 402 cc957-8
Hilary Benn

I beg to move amendment No. 104, in page 160, line 10, leave out paragraph 17.

Madam Deputy Speaker (Sylvia Heal)

With this it will be convenient to discuss Government amendments Nos. 105 to 108.

Hilary Benn

These are technical amendments to correct an oversight in schedule 4 to the Police Reform Act 2002. Schedule 4 allows designated civilian investigating officers to apply for warrants under section 8 or schedule 1 of PACE. In paragraph 16 we built in the usual PACE protections that would apply to a constable obtaining and executing a warrant. Those include, for example, giving full information in the application for the warrant, and those executing the warrant identifying themselves to the occupier of the premises and endorsing the warrant with what was found.

Unfortunately, some of those protections were not replicated in paragraph 17, which deals with warrants issued in relation to confidential material under schedule 1 of PACE. In summary, the amendments deal with that omission. They also make various changes to schedule 4 of the Police Reform Act 2002 to allow for the fact that someone authorised to accompany a designated civilian investigating officer in executing a warrant will, further to clause 2 of the Bill, be able to exercise certain specific powers. Relevant PACE protections must also apply to the actions of such persons. I hope that the House will accept the amendments.

Mr. Edward Garnier (Harborough)

I accept that the amendments correct omissions in the Police Reform Act 2002, as the Minister has just told us, but that leads me to ask whether the omission occurred as a result of the failure of the House to consider that aspect of the 2002 Act by reason of a guillotine. Can the hon. Gentleman assure me that the particular provision in the 2002 Act was fully discussed on the Floor of the House or in Committee and fully considered in the other place before that Bill became an Act? We know from this Bill that a great many of its clauses will never be discussed in the House. Much as I enjoy seeing the Minister in the Chamber, I do not want him to have to come back to the House in a year's time with another Bill to correct omissions from the present Bill.

Hilary Benn

The honest answer is that I do not know the answer to the hon. and learned Gentleman's question, but I shall consult the record and write to him. In the process of legislating, which is an increasingly complex business, the honest truth is that we do not get everything perfect first time round. With his experience, the hon. and learned Gentleman will know that over time such oversights come to light and it is appropriate that we should use the next available opportunity to put them right. I hope that the House will accept the amendments in that spirit.

Amendment agreed to.

Amendments made: No. 105, in page 160. line 27, at end insert—

17A In paragraph 17 (access to excluded and special procedure material) after paragraph (b) there is inserted— (bb) section 15 of that Act (safeguards) shall have effect in relation to the issue of any warrant under paragraph 12 of that Schedule to that person as it has effect in relation to the issue of a warrant under that paragraph to a constable; (bc) section 16 of that Act (execution of warrants) shall have effect in relation to any warrant to enter and search premises that is issued under paragraph 12 of that Schedule (whether to that person or to any other person) in respect of premises in the relevant police area as if references in that section to a constable included references to that person;".'. No. 106, in page 160, line 27, at end insert—

'17B In paragraph 20 (access and copying in case of things seized by constables) after "by a constable" there is inserted "or by a person authorised to accompany him under section 16(2) of that. Act".'. No. 107, in page 160, line 28, leave out paragraph 18.

No. 108, in page 161, line 2, at end insert—

'18A After paragraph 24 (extended powers of seizure) there is inserted— "Persons accompanying investigating officers

  1. 24A (1) This paragraph applies where a person ("an authorised person") is authorised by virtue of section 16(2) of the 1984 Act to accompany an investigating officer designated for the purposes of paragraph 16 (or 17) in the execution of a warrant.
  2. (2) The reference in paragraph 16(h) (or 17(e)) to the seizure of anything by a designated person in exercise of a particular power includes a reference to the seizure of anything by the authorised person in exercise of that power by virtue of section 16(2A) of the 1984 Act.
  3. (3) In relation to any such seizure, paragraph 16(h) (or 17(e)) is to be read as if it provided for the references to a constable and to an officer in section 21(1) and (2) of the 1984 Act to include references to the authorised person.
  4. (4) The reference in paragraph 16(i) (or 17(f)) to anything seized by a designated person in exercise of a particular power includes a reference to anything seized by the authorised person in exercise of that power by virtue of section 16(2A) of the 1984 Act.
  5. (5) In relation to anything so seized, paragraph 16(i)(ii) (or 17(f)(ii)) is to be read as if it provided for—
    1. (a) the references to the supervision of a constable in subsections (3) and (4) of section 21 of the 1984 Act to include references to the supervision of a person designated for the purposes of paragraph 16 (or paragraph 17), and
    2. (b) the reference to a constable in subsection (5) of that section to include a reference to such a person or an authorised person accompanying him.
  6. (6) Where an authorised person accompanies an investigating officer who is also designated for the purposes of paragraph 24, the references in subparagraphs (a) and (b) of that paragraph to the designated person include references to the authorised person.".'.—[Hilary Benn.]

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