Clause 4 - Drug offence searches: Northern Ireland
Drugs Bill
9:10 am
Mrs Cheryl Gillan (Shadow Minister, Home Affairs; Chesham and Amersham, Conservative)
Clause 4 is almost identical to clause 3 except that it applies to Northern Ireland as opposed to England and Wales. I have a small point to make, which I hope the Minister will be able to answer. When looking at similar clauses that apply to different territories, it is not unnatural that one should cast one's eyes over the legislation to see whether there are any differences in the way that they are drafted. The particular difference between clauses 3 and 4 occurs in clause 4(2), which inserts new paragraph (3B), which states:
''Where it is proposed that a drug offence search be carried out, a constable shall inform the person who is to be subject to it''.
That differs from clause 3, which refers to an ''appropriate officer''. My first question is: why that difference? I refer the Minister to a speech made by the hon. Member for North Down (Lady Hermon) in the debate on the draft Prison (Amendment) (Northern Ireland) Order 2004, when she said:
''I make a special plea to the Minister that when future legislation is drafted for Northern Ireland, instead of repeating the word 'constable', recognition is given to the fact that we commonly address new officers of the Police Service of Northern Ireland as 'police officers'. Rarely since the Police Reform Act 2002 or the Police (Northern Ireland) Act 1998 has legislation referred to constables. In fact, the Minister will be aware that the term 'constable' is confusing in legislation, as we have a special body of constables appointed under the Airports (Northern Ireland) Order 1994 and special constables appointed under harbours legislation.''—[Official Report, Seventh Standing Committee on Delegated Legislation, 26 February 2004; cc. 8-9.]
So her plea to the draftsmen was that, to avoid confusion in the future, all legislation should refer to ''constables'' only when it is properly intended.
I looked carefully through the debate, and the Northern Ireland Minister failed to pick up the point that the hon. Lady had made. As there is no hon. Member on this Committee who speaks for Northern Ireland, it is only fair that we raise this matter on her behalf. I hasten to add that I have not spoken to her about this, I have merely looked at the debate. It would be suitable, however, for the Minister to respond to this point, and tell us the thinking behind using the word ''constable'' when, obviously, time has moved on.
Ms Caroline Flint (Parliamentary Under-Secretary (reducing organised and international crime, anti drugs co-ordination and international and European issues), Home Office; Don Valley, Labour)
We consulted Northern Ireland on that issue. I understand that Northern Ireland has no detention officers or staff custody officers, and that only constables are involved. We therefore do not need to define the appropriate order. As far as I am aware, there are no plans to change that, but I will check in order to avoid future problems. That is the current position. I hope that, for now, that answers the hon. Lady's question.
Mrs Cheryl Gillan (Shadow Minister, Home Affairs; Chesham and Amersham, Conservative)
I am grateful to the Minister for that response, but I obviously needed to bring up the subject at this stage.
Question put and agreed to.
Clause 4 ordered to stand part of the Bill.