Clause 7 - Licensing criteria
Private Security Industry Bill [Lords]
10:45 am

Mr Charles Clarke (Minister of State, Home Office; Norwich South, Labour)
I am grateful to my right hon. Friend for that information. The operation of the single market in relation to the private security industry is obviously not a matter that falls within the justice pillar but relates to the single market process that he describes. That is why I framed my answer to the hon. Member for Southwark, North and Bermondsey in that context.
A series of issues are raised about Parliament dealing with the matter. Good practice, as my right hon. Friend suggests, is to have a dialogue about such questions to find out how we can move forward. We are not required to check the Bill with the European Commission and are not doing so.
The final point on publishing criteria, raised by the honourable Member for Buckingham, is the definition of a fit and proper person. For the purposes of this legislation, we believe that that well-worn phrase, given the case history that has built up in the way described by the honourable Member for Southwark North, and Bermondsey, is an appropriate one for this Bill. There are different criteria within the security industry than there are for licensees, although they are clearly related. There is a White Paper on whether the law should be changed to reflect the definition of a fit and proper person for the purpose of selling alcohol, as the hon. Member for Buckingham said. If we are re-elected, we will introduce a Bill to put into effect that licensing White Paper.
I do not want to prejudge that debate, but the hon. Gentleman would do better to suggest a change in the phrase ``fit and proper legislation'' in the context of the licensing Bill, rather than saying that the phrase ``fit and proper person'' is inappropriate for this Bill. I take his point about consistency, but we have retained the phrase because it provides a concept of what we are seeking to do in licensing people, and it has a track record, as he said.
