New Clause 3 - Relief of small motor salvage operators from excessive expense and bookkeeping, etc
Vehicles (Crime) Bill
4:45 pm
Mr John Bercow (Buckingham, Conservative)
My hon. Friend, in what was intended as a helpful interjection from a sedentary position, referred, almost as though it were his mantra—some might suspect that it is—to the North Yorkshire County Council Act 1991. The hon. Gentleman will be pleased to know that I do not intend to expatiate on its contents, let alone its merits or demerits. [Interruption.] My hon. Friend tries to tempt me along a path that would not meet with the Committee's approval—I am grateful for the Minister's confirmation of that—and might even incur the wrath of the Chairman.
The hon. Gentleman is right. I cannot readily think of a circumstance in which a police constable has entered and inspected an individual's home without a warrant. Doubtless, there are cases where the extremity of the alleged offence and the urgency of investigation justify such action, but I cannot think of one.
I should like the hon. Gentleman to understand—even if we are to disagree—that I do not disagree with him on the desirability, indeed necessity, of the constable having a warrant. I agree that, in the context of the offences that we are discussing, it would be inappropriate for a police constable, or other accredited representative of the law—as Sherlock Holmes would have described them—to enter and inspect premises without a warrant. However, the hon. Gentleman takes that one step further. He is guilty of an extreme liberalism that he cannot expect me or other sober and sensible members of the Committee to sign up for. The hon. Gentleman seems to argue that—[Interruption.]The Minister chunters something about The Daily Telegraph, which I did not hear. If he wants to make an intervention, I will be happy to take it.
The hon. Member for Eastleigh seems to argue that, not only is it wrong for a constable to enter and inspect premises without a warrant, but that it is wrong in principle—without exception—for a constable, or other representative of authority, to enter and inspect the domestic premises of a motor salvage operator even when in possession of a warrant, which is extraordinary.
Mr. Chidgey indicated dissent.