Clause 8 - Power to stop and search at aerodromes
Police and Justice Bill
Public Bill Committees, 21 March 2006, 6:15 pm

Robert Flello (Stoke-on-Trent South, Labour)
My hon. Friend the hon. Member for Gateshead, East and Washington, West (Mrs. Hodgson) has raised with me the power to stop and search at aerodromes and the practical difficulty that arises where police officers might wish to enforce football banning orders. Under the law as it stands, somebody with a football banning order against them who has surrendered their original passport may intend to travel with a duplicate passport for which they had previously applied and that they had stuck away somewhere. They might attend a football match abroad and cause trouble, perhaps at the World cup, which is coming up. I understand that, at the moment, the police do not have the power to stop such a person. What can be done to address that situation, under clause 8, or by using a similar provision? That would certainly put at rest the minds of the likes of Michael Downes, the national representative from the Police Federation, who has done some research on this issue.

Hazel Blears (Minister of State (Policing, Security and Community Safety), Home Office; Salford, Labour)
The clause introduces a new power for the police to stop and search any person at an aerodrome. It uses “aerodrome”, rather than airport, which sounds fairly old fashioned, because apparently that has a wider meaning and covers major airports, as well as airfields used only by private flying clubs. That was news to me.
The lack of appropriate stop-and-search power has been an obstacle to the police when conducting anti-smuggling operations and particularly in detecting staff collusion in theft. The current powers available to the police are not sufficient to provide a comprehensive deterrent, because airports are strange places—sometimes they are private property, with restricted access—providing significant opportunities for criminal and terrorist activity. Minor criminal activity could be exploited by terrorists, with disproportionate effects.
Police powers at airports are variable, depending on whether the airport has been designated. There are currently nine designated airports in the country where police constables have additional stop-and-search powers that are not available at non-designated airports. That is why it is important to get a consistent set of powers across different kinds of airports.

Mark Pritchard (Wrekin, The, Conservative)
Is the Minister aware that the policing of designated airports has to come from the budget of the respective police forces, so there is not an overarching incentive for senior officers to put police officers there 24 hours a day, seven days a week? In fact, there are many loopholes in police coverage at the nine designated airports.

Hazel Blears (Minister of State (Policing, Security and Community Safety), Home Office; Salford, Labour)
I am aware of the policing at the designated airports throughout the country. Chief constables take their responsibilities seriously and provide appropriate policing relevant to the nature of the security risk and threat. Clearly, it is for chief constables to determine operational matters, but I am satisfied that they are making appropriate decisions to ensure that security is of the highest order at our airport facilities. These are important matters, particularly in the counter-terrorism context, so it is vital that airports are properly policed. A current review, by Stephen Boys Smith, is looking at funding for designated airports, because there can be disputes about who is responsible. I am not sure when he is due to report, but perhaps I could let the hon. Gentleman have that information in due course, as he has expressed an interest in it.
The point made by my hon. Friend Member for Stoke-on-Trent, South (Mr. Flello) was raised on Second Reading by my hon. Friend the Member for Gateshead, East and Washington, West. I undertook to examine whether it would be possible to give constables the extra powers that she mentioned. Extending the provision to provide a constable with the automatic power to check passports would represent a significant departure from the safeguards and protections in PACE code A, which is intended to minimise arbitrary interference with the individual. I am sure that the hon. Member for Hornsey and Wood Green would welcome that.
We are ready to consider the potential for extending the power to a constable within the confines of an aerodrome, provided that benefits can be shown in terms of security and public reassurance and that sufficient criteria are developed on the exercise of the power and accountability. I am keen to ensure that such issues are brought to the fore. We are ready to examine any further evidence that the Police Federation may wish to submit in support of such a power. I cannot offer any firm undertaking that we will be able to address the point in the Bill, but it is an important issue and if we can find a way of making the power practical and useful, we should do it.
Our proposals on football banning orders have been very successful in limiting opportunities for football hooligans to travel internationally. The reputation of our international game has been enhanced as a result of rigorous policing and the new legislation that we have introduced to tackle such issues.

Mark Pritchard (Wrekin, The, Conservative)
Who will pay for officers from this country to go to help the German police when the World cup comes along? Will that be paid for by German or British taxpayers?

Hazel Blears (Minister of State (Policing, Security and Community Safety), Home Office; Salford, Labour)
I am afraid that I do not have that information to hand, but the hon. Gentleman will know that some reciprocal policing is going on. Some members of the German police are coming to this country to work in close liaison with our officers. I am sure that he would welcome such international co-operation between police forces.

Hazel Blears (Minister of State (Policing, Security and Community Safety), Home Office; Salford, Labour)
It is not the creation of a European police force; I can assure the hon. Gentleman of that, although I am sure that he would welcome mutual aid and assistance, which could be beneficial to this country.
I do not have the information that the hon. Member for The Wrekin sought, but perhaps I could write to him with it. I shall be writing him a longer letter than I originally anticipated but am more than happy to do so. In fact, I can tell him now that the review of designated airports is likely to be completed by spring 2006. Sometimes, in Government-talk, seasons last a long time—sometimes summer extends to November. If I can be more definite later, I will be.
I am sure that the powers of stop and search at aerodromes set out in the Bill will be welcomed by hon. Members, and I commend the clause to the Committee.

