Clause 18 - Controlled drugs: power to enter and inspect
Health Bill
3:00 pm
George Young (North West Hampshire, Conservative)
The Committee should pause for 90 seconds—the length of time for which I propose to speak—before it confers on somebody other than a police officer the right to enter a citizen’s home against their wishes, which is what the clause does. From the definition of “any relevant premises” in subsection (7) it seems that such premises could include the home of a pharmacist or GP. The powers to enter and inspect will not be confined to a police officer; they will be given to an authorised person who is defined in the clause.
If one considers subsection (2), which puts parameters around those powers, all one needs to do to exercise those powers is to turn up at a reasonable hour and produce the written authority of the person exercising them. The constraints seem rather flimsy on what could be a draconian power, particularly if one considers subsection (3)(b), when the person who has the power can take away relevant records kept on the premises. The least I should expect under subsection (2) is reasonable grounds for suspecting that an offence might have been committed, or, under the clause, guidelines about when the Government envisage the appropriate exercise of those powers. There is very little about that.
This is a potentially draconian power. It will be given to an authorised person, as defined in subsection (4), who can turn up any time before 9 o’clock at the home of a GP or a pharmacist and, with a letter, which is the written authority of the person exercising the power, demand to come in. We should pause for 90 seconds and press the Minister about exactly how those powers will be used.
The House has been sensitive about giving tax and VAT inspectors and Revenue and Customs employees the powers to enter peoples’ homes against their wishes. However, clause 18 extends that privilege with, as far as I can see, very little explanation about when the powers might be used.