HL Deb 27 March 2003 vol 646 cc1033-4

8.11 p.m.

Lord Bassam of Brighton rose to move, That the draft order laid before the House on 24th February be approved [12th Report from the Joint Committee].

The noble Lord said: My Lords, this order has been seen by the Joint Committee on Statutory Instruments. In my opinion, its provisions are compatible with the European Convention on Human Rights. The order makes minor changes to the extensive list of powers of seizure in Schedule I to the Criminal Justice and Police Act 2001.

Part 2 of the Act, which comes into force on 1st April 2003, gives police officers and other investigators powers to seize property from premises and persons for examination elsewhere. Those may be necessary because there is insufficient time to conduct an effective examination on the premises or there is a need to use special technical equipment.

As noble Lords will recall, the provisions in Part 2 were introduced to deal with the problem identified in the case of R v Chesterfield Justices and the Chief Constable of Derbyshire ex parte Bramley, which highlighted the difficulties faced by the police where material that they are entitled to seize is contained with a large collection of material, some of which they might not be entitled to seize.

Provision has also been made in Part 2 for the seizure and retention of inextricably linked material, such as the contents of an entire computer hard-disk drive, where it is necessary to prove when specific items of information were created or amended. The legislation recognises that, with the huge increase in the use of computers, investigators need to be able to seize and forensically examine an entire disk or hard-drive to determine when individual documents have been created, amended or even deleted.

The new powers in Part 2 are not free-standing and can be exercised only in support of an existing power of seizure. Those powers are listed in Schedule 1 to the Act. The draft order will be made under Section 69 of the 2001 Act but cannot be made until it is approved by resolution of each House. Under Section 69(1) of the 2001 Act, my right honourable friend the Home Secretary has the power to add, modify and amend the powers of seizure listed in Schedule 1. The section thus provides a mechanism to allow for changes to other legislation containing powers of seizure that might need to be added to Schedule 1 or to amend it. Since the 2001 Act received Royal Assent in May 2001, new powers of seizure have been created and existing ones amended by the legislation. This order, therefore, merely tidies up the schedule to incorporate the changes. I beg to move.

Moved, That the draft order laid before the House on 24th February be approved [12th Report from the Joint Committee].—(Lord Bassam of Brighton.)

Lord Luke

My Lords, there is nothing to object to in the order. On these Benches, we approve of it.

Lord Dholakia

My Lords, I support the order. The Minister has given his explanation, and we are delighted that the provisions are compatible with the European Convention on Human Rights. I am happy with the assurance that the new powers in the order can be exercised only in reliance on an existing power of seizure and the powers listed in Schedule 1 to the Act. I support the order.

On Question, Motion agreed to.