HL Deb 29 April 2004 vol 660 cc899-900

2 Clause 11, page 8, line 20, leave out "and" and insert—00 () after paragraph (3) insert— (3A) If, on an application made by a constable, a justice of the peace is satisfied that— (a) there are reasonable grounds for believing that a person who is liable to arrest under paragraph (3) is to be found on the premises specified in the application; and (b) any of the conditions specified in paragraph (3B) is satisfied, he may issue a warrant authorising a constable to enter those premises (if need be by force) and search them for the purpose of arresting that person. (3B) The conditions mentioned in paragraph (3A) are— (a) that it is not practicable to communicate with any person entitled to grant entry to the premises; (b) that entry to the premises will not be granted unless a warrant is produced; (c) that the purpose of a search of the premises may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them."; and

Lord Filkin

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 2. Because of some helpful, aggressive grouping by Opposition Front Benches, that amendment is grouped with Commons Amendments Nos. 8, 7, 3, 4, 5, 11, 9, 10 and 6. In the hope that it will help to shorten the debate, I shall try to explain in my opening remarks what those amendments are about.

Amendments Nos. 2 and 8 are intended to provide the Police Service of Northern Ireland with powers of entry, which can be exercised to effect an arrest under the powers of arrest without warrant under Article 6(3) of the Criminal Justice (Northern Ireland) Order 2003. The power in Amendment No. 2 applies in non-scheduled cases and the power in Amendment No. 8 applies in scheduled cases. The powers of entry can be exercised only if the police have been granted a warrant by a justice of the peace.

Amendment No. 2 provides that if a person is liable to be arrested under Article 6(3), a justice of the peace may issue a warrant authorising a constable to enter the specified premises for the purpose of effecting the arrest.

Amendment No. 8 provides that if a person is liable to be arrested under Article 2(4), a JP may issue a warrant authorising a constable to enter specified premises, again, for the purposes of effecting the arrest.

The aim of the amendments is to enhance the powers of arrest available to the Police Service of Northern Ireland in respect of a person who breaches, or is likely to breach, a condition of his bail. I pay tribute to the noble Lord, Lord Glentoran, for encouraging us to look at these issues, which we have done, subsequent to our earlier discussions with the Police Service of Northern Ireland. We believe that they appropriately strengthen the powers of the PSNI.

However, as part of that, we had to ensure that the issue of Article 8 of the ECHR, with which the exercise of such a power would have engaged, was appropriately addressed and that Article 8(2) was complied with and the power exercised proportionately. That is why a justice of the peace must make that judgment and issue a warrant.

All the safeguards under Articles 17 and 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989 will apply to the application for, and execution of, the warrant.

Amendment No. 7 makes the offences under paragraphs 1(1) and (2) of Schedule 2 to the Bill scheduled offences. Schedule 2 to the Bill creates two new offences of absconding while on bail in a scheduled case. These offences replace the offence of absconding while on bail under Section 67 of the Terrorism Act 2000.

In explanation of Amendments Nos. 3 to 5 and 11, Clause 12 currently provides that prisoners who are subject to compulsory transfers may be transferred to England and Wales. The amendments provide that prisoners may be transferred to either Scotland or England and Wales.

Before Amendments Nos. 9 and 10 were accepted in another place, Schedule 3 allowed judges, magistrates, coroners, social security commissioners, the High Court Master (Taxing) and the High Court Master (Enforcement of Judgments) to give directions to court security officers by virtue of the fact that they were defined as "persons in authority". However, other Masters of the High Court—for example, those who deal with bankruptcy—are not designated as "persons in authority", and therefore those Masters would not have been able to give directions to court security officers. The amendments address that issue.

I trust that the amendments do not cause any disquiet to noble Lords, which is why I suspect they have been agreed for grouping in this manner.

Moved, That the House do agree with the Commons in their Amendment No. 2.—(Lord Filkin.)

On Question, Motion agreed to.