HL Deb 06 May 1986 vol 474 c617

20 Clause 25, page 15, line 32, leave out ("necessary by force") and insert ("need be by such force as is reasonably necessary")

Viscount Davidson

My Lords, I beg to move that the House do agree with the Commons in Amendment No. 20.

During the Committee stage discussion of the Bill in another place it was suggested that the provision for a power of entry contained in Clause 25 should be amended slightly. As originally drafted, the clause made reference to a warrant authorising a constable to enter a place, "if necessary by force". The suggestion made was that it might be helpful to insert the word "reasonable" into this formulation, so as to emphasise that the power of entry only allows the use of as much force as is necessary to achieve the legal ends. We felt that this was a helpful and sensible suggestion, and at Report stage in another place brought forward the amendment which is now before your Lordships. I commend this amendment to the House.

Moved, That this House do agree with the Commons in the said amendment.—(Viscount Davidson.)

On Question, Motion agreed to.