Schedule 2
5:30 pm
Evan Harris (Oxford West and Abingdon, Liberal Democrat)
I beg to move amendment 71, in schedule 2, page 120, leave out lines 13 to 20.
The amendment would omit proposed new section 136Q from the Sexual Offences Act 2003. The section, which is entitled, “Issue of closure notices by persons other than police officers”, states:
“The Secretary of State may by order amend this Part so as to extend the power to authorise the issue of a closure notice to persons other than members of police forces”,
and that an
“order under subsection (1) may make...further amendments of this Part as the Secretary of State thinks appropriate in consequence of the extension of that power to persons other than members of police forces”.
I do not have my note to hand so I would be grateful to know whether any order would be subject to the affirmative or negative resolution—[Interruption.]I do not want to interrupt the important conversation between the Whips, although I understand that it has to take place, and that it is a chore to get up. Will the Minister clarify whether it will be an affirmative power?
Secondly, the closure of premises, which can include family homes, has serious implications for the right to respect for private and family life in the home. Is it not a serious matter if the Government envisage that that could be carried out by people other than trained police officers? The closure of a premises is traditionally a judicial function, and extending it beyond police officers is highly questionable. Given the nature of the legislation, the training required and the understanding that this is part of the criminal justice arm involving uniformed police, those powers should not be hired out to third parties under contract performance targets and the like. I do not know what the Government envisage, but if they have a clear proposal, I hope that it will come forward as primary legislation. For the reasons that I have given, Liberal Democrat members of the Committee are concerned about what the Government propose regarding the secondary legislation envisaged by the provision.