HL Deb 08 November 1999 vol 606 cc1152-4

2.57 p.m.

Baroness Blatch

asked Her Majesty's Government:

Which statutory instruments giving powers of entry to private premises have come into force since May 1997.

Lord Bassam of Brighton

My Lords, no central record is kept and the research required to verify that information and provide a definitive list would be a disproportionate burden on resources. However, an initial survey has indicated that some 35 statutory instruments giving powers of entry to private premises may have come into force since May 1997. As an indication of the scale of the work involved in researching that area, the noble Baroness may be aware of the major and time-consuming inquiry into powers of entry conducted by Mr David Mitchell, formerly Parliamentary Under-Secretary of State at the Department of Trade and Industry, between 1979 and 1980. It identified some 700 powers and led to new criteria for central scrutiny of proposals then being introduced.

Baroness Blatch

My Lords, does the Minister not agree that that is an astonishing Answer? The Question asks only for the number of statutory instruments since May 1997. The same question was asked of the Library in this House, which furnished the answer within 24 hours. Moreover, do the Government have any plans to take powers of entry for enforcement purposes to remove those people who take residence without permission in private property?

Lord Bassam of Brighton

My Lords, perhaps the noble Baroness will phrase the second part of her point again so that I may be clear about the information she requires.

Baroness Blatch

My Lords, do the Government have any plans to take powers of entry for enforcement purposes to remove people who have taken up residence without permission in domestic private property?

Lord Bassam of Brighton

My Lords, dealing with squatters, as I know from personal experience, is not an easy task. However, we believe that the law is entirely adequate in that regard and has been strengthened by successive governments.

Lord Borrie

My Lords, will the Minister agree that with the advent of modern technology, especially computers, much commercial activity is now carried on from private premises and that if powers of investigation are required in order to combat commercial fraud, illegal cartels, insider trading and the like, it is necessary that there should be adequate powers to enter private premises where more and more commercial activity is now carried on?

Lord Bassam of Brighton

My Lords, I am advised that there was a recent decision by the Divisional Court, the implications of which the Government are considering very carefully for the future.

Lord Cope of Berkeley

My Lords, the Minister and his officials have been able to conduct at least some research into the number of powers of entry taken since 1997. Will the Minister therefore undertake to publish in Hansard the list of such powers taken since 1997, both resulting from statutory instruments and primary legislation? It would be helpful to all of us to see the nature of such powers.

Lord Bassam of Brighton

My Lords, I am more than happy to assist the noble Lord as far as I possibly can. I have eight pages of lists of statutes and statutory instruments dating back to 1991. It might assist all of us if those were put into the Library. I undertake to do so at the earliest opportunity.

Lord Glentoran

My Lords, does the Minister not agree that it is a serious matter to introduce legislation which is contrary to, and which limits, the rights of the individual? I refer to future legislation as well as to that recently passed. Statute 2170, for example, gives the right to any person who appears suitable to the Secretary of State to enter, at any time, premises, and so on. Does the Minister also not agree that the fact that the Government do not even think that it is worth keeping note of what they are doing is pretty disgraceful?

Lord Bassam of Brighton

My Lords, I cannot possibly agree with the noble Lord. We do keep a note but not a running total. We have ensured that adequate checking measures are in place to look carefully at the extent of such powers, which are commonplace throughout statutes introduced by governments of both persuasions. I refer, for example, to the Police and Criminal Evidence Act, the Environmental Protection Act and the Food Safety Act of 1990, all of which contained extensive powers of entry. It is not just our Government who put such matters in place, but governments historically. They are there for a value and purpose—to ensure that we enforce and uphold statutes and enforce the law properly.

Lord Clinton-Davis

My Lords, is it not remarkable that the Opposition should be suffering from such acute amnesia about the practices of their own government?

Lord Bassam of Brighton

My Lords, I am drawn to the conclusion that from time to time there is amnesia in this House.