Clause 148

Part of Police Reform and Social Responsibility Bill – in a Public Bill Committee at 5:15 pm on 15 February 2011.

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Photo of Vernon Coaker Vernon Coaker Shadow Minister (Home Affairs) 5:15, 15 February 2011

This is a really interesting clause. I am always suspicious of miscellaneous provisions, as everyone should be. Let us suppose that the hon. Member for Gedling, and others from Westminster city council and the GLA, say that there might be a problem if people cross the road and pitch their tents. They ask the Government, who are flushed with enthusiasm about their new seizure and forfeiture powers in the preceding provisions, what they will do about it. The Government will say, “Don’t worry, the powers will apply to the byelaws of the GLA and Westminster city council and they will be able to use forfeiture and other powers to enforce them. We will give them some teeth.” That would probably be an acceptable thing to do. I am sure that the hon. Member for Cambridge has spotted this.

I then read the provisions again and realised why the Government were so flushed and excited by their extension of powers. Such powers will not apply only to Westminster city council and the GLA, but to all local authorities in England and Wales. I did not think that that could be right. Surely we cannot have a massive extension of seizure and forfeiture powers in respect of byelaws under the heading of “miscellaneous”.

I checked things out at the House of Commons Library because I was not sure that I could be right. I was told that it was right, and that clause 148 adds a new subsection to section 237 of the Local Government Act 1972 enabling local authorities to attach powers of seizure and retention of any property in connection with a breach of a byelaw relating to the prevention and suppression of nuisance. That is an absolutely incredible extension of power. I know that the Protection of Freedoms Bill has had its First Reading. The Ministry of Justice made this comment:

“Clause 148 creates a new power for byelaws to include provision for the seizure and retention of property in connection with the contravention of a byelaw and the forfeiture of that property on a person’s conviction of an offence or contravention of the byelaw. This is an extremely broad power; byelaws by their nature cover relatively minor transgressions and the exercise of coercive powers of seizure, retention or forfeiture of property will therefore frequently be disproportionate. If the government contend that this power is necessary to promote compliance with byelaws we believe that they should explain this and give examples of how this power might be used. We further believe that statutory criteria should limit the exercise of the power and structure judicial discretion to ensure proportionality.”

I will leave that on the table, or suggest that other hon. Members do what I did—look at some byelaws. I wanted Committee members to understand the consequences of what they are passing. These are the byelaws that I came across; I have not selected them on purpose. Warwick district council has “Byelaws for good rule and government and for the prevention of nuisances”. A “musical or noisy instrument” cannot be played near a church. Presumably, if someone contravenes that near a church, the musical instrument can be confiscated. There are byelaws on “Mud, etc, falling from vehicles to the highway”. On dog fouling, the byelaw states:

“No person in charge of a dog shall allow the dog to foul a footway or grass verge”.

We all agree with that, but the power under this clause will allow the dog to be confiscated.