§ Mr. BoatengTo ask the Parliamentary Secretary, Lord Chancellor's Department if the transfer of civilian enforcement officers from the Metropolitan police service to the inner and outer London magistrates courts will be covered by the Transfer of Undertakings (Protection of Employment) Regulations 1981 and the acquired rights directive. [23445]
§ Mr. Jonathan EvansI have received legal advice stating that, in general, transfers of civilian enforcement staff from the police to magistrates courts committees are likely to be subject to these regulations. Whether the regulations apply in any particular situation depends on all the facts of the case, which will be different from one area to the next. Each magistrates courts committee or police authority involved in a transfer of staff must270W therefore determine for itself whether the regulations will apply to it, obtaining its own legal advice on the matter if necessary.
§ Mr. BoatengTo ask the Parliamentary Secretary, Lord Chancellor's Department which interested parties or bodies were consulted about the decision to transfer the posts and duties of civilian enforcement officers from the Metropolitan police service to the inner and outer London magistrates courts. [23443]
§ Mr. EvansThe following organisations were consulted either by my Department or by the Home Office about the decision to transfer the responsibility for enforcement duties from the police throughout England and Wales to magistrates courts committees, every MCC, including the inner London magistrates courts service and all outer London MCCs; the Central Council of MCCs; the Magistrates Association, the Justices' Clerks' Society; the Standing Conference of Justices' Chief Executives and Clerks to MCCs; the Association of Magisterial Officers; the Association of Chief Police Officers. Decisions on the transfer of individual posts will be for the Metropolitan police and the relevant MCCs to resolve jointly. So far as I am aware, no such decisions have yet been made by those bodies.
§ Mr. BoatengTo ask the Parliamentary Secretary, Lord Chancellor's Department if legislation will be required to enable civilian enforcement officers to carry out their duties when they are no longer employed as the direct agents of the commissioner for the Metropolitan police. [23446]
§ Mr. EvansNo legislation will be required to enable civilian enforcement officers to carry out their duties if, instead of being employed by the Metropolitan police, they are employed and duly authorised by a magistrates courts committee, by a local authority or by another police authority. We are currently clarifying whether legislation would be required to enable civilian enforcement officers to carry out enforcement duties in other circumstances.