Bournemouth Borough Council Bill [ Lords]

Part of Holocaust Memorial Day – in the House of Commons at 3:46 pm on 28 January 2010.

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Photo of Christopher Chope Christopher Chope Conservative, Christchurch 3:46, 28 January 2010

These groups of amendments deal with the powers that the Bills give to authorised officers and police officers to seize goods. Previous private Bills dealing with street trading have granted powers of seizure, but for the first time the Bills as currently drafted allow a power to be exercised not just when there is a reasonable belief that an offence has been committed, but when there is "a reasonable suspicion" that an offence has been committed.

Without going into great detail, a case decided in the House of Lords shows that the meaning of "a reasonable suspicion" effectively means that the person exercising that view has absolute discretion in the matter. A similar power under terrorism legislation is now being used to arrest people. Although I am not going to get into that, I am sure that, even in their most concerned moments, my hon. Friends the Members for Bournemouth, East (Mr. Ellwood) and for Bournemouth, West (Sir John Butterfill) would never have wanted to equate unlawful street traders with terrorists.