Clause 14 - Obstruction, etc. of officers
Tobacco Advertising and Promotion Bill
10:45 am
Mr Ian Bruce (South Dorset, Conservative)
How does an individual know that another individual is authorised to require information to be given? The problem is that we set up all these Acts; we are the only people who read them; even we probably forget about them as soon as we leave the Committee; and then, lo and behold, somebody knocks on the door and says, ``I am authorised to do X, Y or Z.''
That may sound theoretical—people do not try to assume powers that they do not have—but I am told that since the Regulation of Investigatory Powers Act 2000 was passed, there has been a flood of police inquiries to internet service providers for information about various people. On many, if not most occasions, it has been discovered that police officers, who are duly authorised people, are asking for information that they are not entitled to receive, and the matter has not been sensibly dealt with.
In order to try to resolve that problem, it has been agreed by the National Criminal Intelligence Service that when people ask ISPs for information about telephone tracks and information going across the internet, each constabulary should have a single officer to handle all inquiries, so that the officer can check that the proper information is being asked for in the proper, authorised manner. It is important, when introducing a new criminal offence setting up a police force to police words and thoughts—we actually have a thought police here—to make it clear how people will be authorised.
It would be extremely helpful if there were a provision to ensure that individuals were given an appropriate form showing them their rights and responsibilities before they could be said to have caused obstruction. In other words, if somebody knocks on the door and an individual is obstructive or gives false information, the person claiming obstruction should be required to show that he or she had handed the individual an appropriate document showing his or her powers and the responsibilities of the individual for dealing with the matter. It is easy to say that virtually nobody is ever prosecuted under such clauses, but, willy-nilly, we put them into Bills, placing additional requirements on members of the public who have no real reason to be knowledgeable, though ignorance of the law is no defence. I hope that the Minister will give us the reassurances that we need to support the clause.