Clause 9 - Exemption from liability for certain damages
Anti-social Behaviour Bill
6:30 pm
Mr Bob Ainsworth (Parliamentary Under-Secretary, Home Office; Coventry North East, Labour)
The clause is designed to ensure that police officers and police forces are not liable for damages arising from the exercise of their powers under this part of the Bill. The clause is intended to prevent malicious attempts to seek redress for the actions of the police from criminals who might have been involved with the supply of drugs. However, if a police officer fails to act within the boundaries of the Human Rights Act or acts in bad faith, it is entirely right that that matter should be addressed by the courts; I hope that the hon. Member for Surrey Heath is not suggesting that that ought not to be so.
There is no need to amend the clause with regard to the personal liability of the constable. Constables do not have any other form of liability. Under section 88 of the Police Act 1996, chief officers are already liable for the unlawful conduct of constables under their control. Subsection (1) of clause 9 deals with the constable's potential liability and subsection (2) with the chief officer's.
On the point that has been raised by the hon. Member for Mid-Dorset and North Poole, as we are exempting police officers and police forces from malicious attempts to seek redress, that should also apply to those who have been authorised to conduct themselves in this way, along with the chief constable. They would be covered by the same exemption.