HL Deb 22 July 1998 vol 592 cc932-3

(".—(1) After subsection (4) of section 60 (powers to stop and search in anticipation of violence) of the Criminal Justice and Public Order Act 1994 ("the 1994 Act") there shall be inserted the following subsection—

"(4A) This section also confers on any constable in uniform power—

  1. (a) to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity;
  2. (b) to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose."

(2) In subsection (5) of that section, for the words "those powers" there shall be substituted the words "the powers conferred by subsection (4) above".

(3) In subsection (8) of that section, for the words "to stop or (as the case may be) to stop the vehicle" there shall be substituted the following paragraphs—

  1. "(a) to stop, or to stop a vehicle; or
  2. (b) to remove an item worn by him,".").

Lord Williams of Mostyn

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 6.

This is a most important matter which relates to a question which your Lordships will recall was raised by the noble Earl, Lord Carnarvon. It deals with a gap which I think was generally perceived to exist in the law concerning those who wear face coverings to avoid identification, in particular on occasions of public violence or demonstrations. Your Lordships will remember that when the noble Earl raised this matter I undertook to have further consultation with the Association of Chief Police Officers and others who had an interest in the matter. It was not possible at that time to have an amendment properly drafted because there were some difficulties in your Lordships discussing it at that stage. Accordingly it was introduced in another place.

Amendments Nos. 6, 7, 8 and 108 go together. Amendment No. 6 empowers a police officer to demand the removal of, and to seize, face coverings. This is potentially a far-reaching power and therefore it has the safeguard that it is exercisable only where authorised by an officer of at least inspector rank where he reasonably believes that there will be violence or weapons are carried. This is intended to make the police more effective in dealing with people who wear masks to avoid being identified when they carry out violent offences.

Amendment No. 7 provides for regulations to be made for the retention and disposal of seized face coverings. Amendment No. 8 gives a power of arrest for someone who fails to comply with a demand to remove his or her face covering, and corrects an anomaly in arrest powers in Scotland. Amendment No. 108 extends the face covering measures to Scotland.

Moved, That the House do agree with the Commons in their Amendment No.6—(Lord Williams of Mostyn.)

On Question, Motion agreed to.