Clause 29 - Jurisdiction
Railways and Transport Safety Bill
4:54 pm
Mr John Spellar (Minister of State (Transport), Department for Transport; Warley, Labour)
I hope to reassure the hon. Lady and the Committee that the proposals do not reduce and restrict the jurisdiction of the BTP. Rather, they provide the force with a clear statutory basis. It is no longer necessary, therefore, to include the words ''in the vicinity'' and ''the force's jurisdiction''. I hope to explain why. Through their jurisdiction under the Bill, the BTP can act anywhere in Great Britain on any matter connected with the railway. For example, somebody standing outside railway property throwing stones at trains would still be within the remit of the BTP, and it could detain or arrest that person. In addition, through its jurisdiction under section 100 of the Anti-terrorism, Crime and Security Act 2001, the BTP can act throughout Great Britain in the circumstances described in that Act.
Even if someone were outside a railway's property and committing a crime or in need of assistance unrelated to the railways, the BTP could still act. For example, if somebody were stealing a car in a public street next to a railway station, a BTP officer witnessing the crime could act immediately and arrest the offender. Similarly, a BTP officer could assist in a car accident outside a station. The provisions of the anti-terrorism legislation are subject to Privy Council review, which it would be inappropriate to pre-empt.
Amendment No. 59 would give BTP constables greater powers than those they have at present and than those their Home Office counterparts have. Accordingly I ask the hon. Lady to reconsider her position and not to press the amendments.