Extension of Jurisdiction

Part of Clause 31 – in the House of Commons at 8:45 pm on 2 April 2001.

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Photo of Dr Lewis Moonie Dr Lewis Moonie Parliamentary Under-Secretary, Ministry of Defence, Parliamentary Under-Secretary (Ministry of Defence) (Veterans) 8:45, 2 April 2001

This has been a wide-ranging debate and many views have been expressed.

Amendments Nos. 2 and 3 would not remove the MDP's basic jurisdiction—for example, on defence land—to deal with serious crime, but they would stop the MDP giving assistance to a local police force in a serious case or on a police raid, as the hon. Member for Reigate (Mr. Blunt) helpfully—at least in some senses—mentioned. For example, a local force may want help simply to carry out an arrest for a serious offence; under the amendments, the MDP would be unable to give that assistance. The amendments refer to those parts of clause 31 that specifically enable police officers or forces other than the Ministry of Defence police to call on MDP officers for assistance. The amendments would limit the circumstances in which an MDP officer could provide such assistance.

By way of background, I should explain that the provisions in the Bill that would be affected by the amendments substantially restate the position in section 2(2)(d) of the Ministry of Defence Police Act 1987. Where clause 31 differs is in the removal of the geographical limitation in the existing legislation that relates to the vicinity of defence property. Clause 31 also includes the British Transport police and the United Kingdom Atomic Energy Authority constabularies, as well as local police forces, among the forces whose officers may call on MDP officers for assistance.

In one respect, the new power is more restrictive than the old one, in that its operation is specifically limited to a particular incident, investigation or operation, whereas the old power was more generally drawn. Except for its geographical limitation—the limitation to the vicinity of defence land—the present provision has worked very well in practice and I see no reason to provide additional conditions. It is to be borne in mind that the initiation of requests for assistance under the provision rests exclusively with the officer of a police force other than the MDP. I hope that the Committee would have confidence in such officers being able to act sensibly in calling for MDP assistance.

Implicit in the amendments—I accept that it was not intended, but this construction can be put on them—is the suggestion that MDP officers are not competent to be involved in major operations. In fact, MDP officers have training similar to Home Department police officers', so there is no need to limit artificially MDP officers' involvement in particular classes of case if, in the opinion of a Home Department officer, that is necessary.

In summary, we consider the limitation proposed in the amendments inappropriate both because of the constraints that they intentionally impose on the ability of MDP officers to provide assistance when it is needed and because of the erroneous premise that the latter are not competent to assist in the circumstances mentioned in the amendments.