Clause 16 - Extension of statutory search powers in
Crime (International Co-operation) Bill [Lords]
11:00 am
Mr James Paice (South East Cambridgeshire, Conservative)
I am grateful to hon. Members who have participated in the debate and to the Minister for his reply. The issue of making and retaining copies or replicas seems, by common consent, to be the most significant. I understand what the Minister says, but I am not convinced about the ability to do so, if it exists, and I share the doubts of some hon. Members about whether there are constraints in the way of the police. I seem to recall that the copying of some evidence is not permitted, but I might be wrong. It is a big issue.
The Minister seems to be saying that if I had used the word ''may'' instead of ''shall'' make and retain a copy, he would have said that it is not necessary because they already can. He seems to be taking issue with the obligation represented by the word ''shall''. I recognise that that might be seen as sometimes onerous. However, as I said in my opening remarks, one cannot always predict events. It is all very well saying to the police that they can if they want to, but they might not know what is coming either. As the hon. Member for Wirral, West (Stephen Hesford) said earlier, one cannot be certain that one will get the material back, whatever the intention might be. I hope that the Minister will revisit the issue. It is important, and we shall want to return to it.
Of the earlier amendments, amendment No. 35 concerns the time scale. The hon. Member for Somerton and Frome read into it that I was working in an opposite direction to his. I was merely leaving the Secretary of State with the flexibility to set minima and maxima. I am reluctant to admit it, but I am probably persuaded by the Minister's argument that there are so many variables that the object would be difficult to achieve, so we shall pass on that.
On the question whether the officer has personal knowledge, I do not see why that should not be in the Bill if it is current practice and if it is described in the explanatory notes. Nevertheless, I recognise the Minister's argument, especially when he referred to
the team being a discrete team, not a loose association. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 16 ordered to stand part of the Bill.
Clause 17 ordered to stand part of the Bill.