§ Mr. Michael Brownasked the Minister of Agriculture, Fisheries and Food how many officials for whom he has responsibility currently have the power to enter and search premises, subject to statutory conditions; and, in each case, if he will indicate the statutory authority under which power is exercised.
§ Mr. Jopling[pursuant to his reply, 13 June 1986, c 335]: The power to enter and search premises arises under the legislation shown below. In each case except one the list also shows the number of officials for whom I have responsibility who are authorised to exercise that power.
(a) Sea Fish (Conservation) Act 1967.
54 Sea Fisheries Inspectorate Officers. (section 16(1)).
(b) Fisheries Act 1981.
23 British Sea-Fishery Officers. (section 25(2) which inserted a new sub-section (2A) into section 15 of the Sea Fish (Conservation) Act 1967).
(c) Food and Environment Protection Act 1985.
23 British Sea-Fishery Officers. (Part 1, section 4 and Part II, section 11 together with Schedule 2, paragraph 4).
4 Fisheries Scientists. (Part II, section 11 together with Schedule 2, paragraph 4).
Investigating and Enforcement Officers who may be needed for short periods when an emergency order is in force or being considered; the actual number varies considerably at any one time. (Part I. section 4 together with Schedule 2, paragraph 4).
Of the 54 Sea Fisheries Inspectorate Officers mentioned at (a), 23 are appointed British Sea-Fishery Officers and, as such, have the power to enter and search under (b) and (c).
The British Sea-Fishery Officers mentioned at (b) and (c) also have powers under section 8(3) of the Sea Fisheries Act 1968 (as amended by section 26(2) of the Fisheries Act 1981) and under section 27(2) and (3) of the Fisheries Act 1981 to enter and search which are limited to boats.
The powers under (c) do not extend to dwellings without a specific warrant from a magistrate.