Clause 44 - Powers of entry
Fire and Rescue Services Bill
3:00 pm
Mr Phil Hope (Parliamentary Under-Secretary, Office of the Deputy Prime Minister; Corby, Labour/Co-operative)
I hope that, by elaborating on and describing the terms in this debate, we are establishing the clarification that the hon. Gentleman requires, and that he therefore understands the difference between common areas—in flats and so on—and others. I will provide further clarification if any inspiration arrives.
Amendment No. 136 would restrict application for a warrant to premises occupied as a dwelling. That would preclude application for premises no longer occupied as such but for which there may be an urgent need for the cause of fire to be ascertained, as provided for in subsection (4). It is therefore not sensible to limit the powers of a magistrate in such circumstances.
The term ''private'' was first used in the Fire Precautions Act 1971. Another example of shared accommodation might be a kitchen. My son's shared kitchen at university might be regarded not as private but as a common area, yet we would of course expect firefighters to be able to gain access if necessary.