Clause 45 - Powers of entry: supplementary
Fire and Rescue Services Bill
3:15 pm
Mr Philip Hammond (Runnymede and Weybridge, Conservative)
I am not a lawyer, but I can readily see the Under-Secretary's point. However, it is not immediately obvious to me that, if an entry under the powers in clause 44(1)(a) or (b) is effected, the actions taken thereafter are limited to those that are necessary in pursuance of the original cause of entry, which is what the Under-Secretary is saying. Entry having taking place under those powers, there is then a blanket built-in presumption that every action taken, even if specifically authorised in different terms, has implicitly within the authorisation the caveat: in so far as it is necessary for the purpose for which the original entry was effected. That is not self-evident, but the Under-Secretary made that point.
I shall discuss the matter with the shadow Attorney-General, who will probably tell me that the Under-Secretary is right, even though his interpretation is not obvious to me. If I am told otherwise, the hon. Gentleman will hear from me in due course. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 45 ordered to stand part of the Bill.