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Timetable
1.--(1) Proceedings on Consideration and Third Reading of the Nuclear Safeguards Bill [Lords] shall be completed at today's sitting and brought to a conclusion (if not previously concluded) four hours after the commencement of proceedings on this Motion.
(2) Proceedings on Consideration and Third Reading of the Sea Fishing Grants (Charges) Bill shall be completed at today's sitting and brought to a conclusion (if not previously concluded) five hours after the commencement of proceedings on this Motion.
Questions to be put
2.--(1) This paragraph applies for the purpose of bringing proceedings on either Bill to a conclusion in accordance with paragraph 1.
(2) The Speaker shall forthwith put the following Questions (but no others)--
(a) any Question already proposed from the Chair;
(b) any Question necessary to bring to a decision a Question so proposed;
(c) the Question on any amendment moved or Motion made by a Minister of the Crown;
(d) any other Question necessary for the disposal of the business to be concluded.
(3) On a Motion made for a new Clause or Schedule, the Speaker shall put only the Question that the Clause or Schedule be added to the Bill.
(4) If two or more Questions would otherwise fall to be put under sub-paragraph (2)(c) on amendments moved or Motions made by a Minister of the Crown, the Speaker shall instead put a single Question in relation to those amendments or Motions.
Miscellaneous
3. Standing Order No. 15(1) (Exempted business) shall apply at today's sitting to proceedings to which this Order applies.
4. Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.
5. No Motion shall be made to alter the order in which proceedings on either Bill are taken or to recommit either Bill.
6. No dilatory Motion shall be made in relation to either Bill except by a Minister of the Crown; and the Question on any such Motion shall be put forthwith.
7. If at today's sitting--
(a) a Motion for the Adjournment of the House under Standing Order No. 24 (Adjournment on specific and important matter that should have urgent consideration) has been stood over to Seven o'clock; but
(b) proceedings to which this Order applies have begun before then,
proceedings on that Motion shall stand postponed until the
conclusion of those proceedings.
8. Standing Order No. 82 (Business Committee) shall not apply to either Bill.
Supplemental Orders
9. The proceedings on any motion made by a Minister of the Crown for varying or supplementing the provisions of this Order shall (if not previously concluded) be brought to a conclusion one hour after they have been commenced; and Standing Order No. 15(1) shall apply to those proceedings.
10. If at today's sitting the House is adjourned, or the sitting is suspended, before the time at which any proceedings are to be brought to a conclusion under this Order, no notice shall be required of a Motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of this Order.
22 May 2000 : Column 727
Orders of the Day
Nuclear Safeguards Bill [Lords]
Not amended in the Standing Committee, considered.
New Clause 1
Rights of searching persons
'.--(1) Where a police constable has entered premises under authority of a warrant issued under section (Forcible entry warrant) above and has reasonable cause to believe that Additional Protocol information is secreted in or on the body of a person or persons on the premises he may conduct a non-intimate body search of the person or persons.
(2) When a constable has formed the belief in subsection (1) he may order the person or persons to remove any outer coat and hat which may be then searched by a police constable of any sex.
(3) A constable of the same sex as the person or persons being searched may conduct a search of the person or persons and their clothing but may not remove any further articles of clothing.
(4) If a constable conducting the body search in subsection (3) above is of the opinion that Additional Protocol information can only be discovered by an intimate body search of the person or persons being searched then he shall inform the person or persons that he is of that opinion, and if the information is not produced voluntarily he may arrest the person or persons and take them to a police station for an intimate body search.
(5) An intimate body search may only be conducted by a qualified medical practitioner at a police station.
(6) Nothing in this section shall give any rights to authorised officers or others to conduct searches of persons or their clothing.'.--[Mr. Maclean.]
Brought up, and read the First time.
6.57 pm
Mr. David Maclean (Penrith and The Border): I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker (Mr. Michael J. Martin): With this it will be convenient to discuss the following: New clause 3--Forcible entry warrant--
'.--(1) When an authorised officer is refused entry to the premises stipulated in section 4 above, he may apply to a Justice of the Peace for a forcible entry warrant.
(2) If a Justice of the Peace is satisfied on information given on oath that an authorised officer was refused entry on a duly presented warrant, he may issue a forcible entry warrant authorising a police constable to enter the premises (if necessary by force) at any reasonable hour within one month from the time of the issue of the warrant.
(3) A constable who enters premises under authority of a warrant issued under this section shall take with him an authorised officer or officers and may take with him such other persons and equipment as appear to him to be necessary.
(4) The powers of an authorised officer who enters premises under the authority of a warrant issued under this section include power--
(a) to inspect anything found on the premises;
(b) to require any information which is held in electronic form and is accessible from the premises to be produced in a form in which he can read and copy it; and
(c) to copy, or to seize and remove, any document or other thing which he has reasonable cause to believe is something which contains Additional Protocol information.
(5) A constable who enters premises under the authority of a warrant issued by virtue of this section may--
(a) give assistance to the authorised officer to prevent interference with him carrying out his duties in section 4 above; and
(b) may assist in searching the premises.
(6) A person who--
(a) wilfully obstructs an authorised officer in the exercise of a power conferred by warrant or fails without reasonable excuse to comply with a legitimate request made by an authorised officer; or
(b) obstructs, or fails without reasonable excuse to comply with the instructions of a police constable,
is guilty of an offence.'.
Amendment No. 6, in clause 4, page 3, line 25, after "premises" insert ", person or equipment".
Amendment No. 7, in page 3, line 27, after "premises" insert--
', search the person or access the equipment'.
Amendment No. 25, in page 3, line 27, leave out--
', if necessary by force,'.
Amendment No. 8, in page 3, line 27, leave out "one month" and insert "fourteen days".
Amendment No. 26, in page 3, line 45, leave out--
', if necessary by force,'.
Amendment No. 9, in page 3, line 45, leave out "at any reasonable hour".
Amendment No. 28, in clause 5, page 5, line 6, leave out "An Agency Inspector may," and insert--
'If a justice of the peace is satisfied, on information given on oath, that it is reasonable and necessary in accordance with the Additional Protocol for an Agency inspector to do so, he may issue a warrant authorising an Agency inspector to.'.
Amendment No. 10, in page 5, line 17, at end insert--
'(2A) . The Agency's powers of access under subsection (2) shall be exercised only in the presence of a constable.'.
Amendment No. 12, in page 5, line 27, leave out "may" and insert "must".
Amendment No. 30, in page 5, line 28, at end insert--
'(4A) No Agency inspector shall, by virtue of this section, search the clothing or the body of a person or persons.'.
Amendment No. 31, in page 5, line 29, leave out subsection (5) and insert--
'(5) Where an Agency inspector is refused entry at any location falling within subsection (1) above he may apply to a justice of the peace for a forcible entry warrant authorising a police constable to enter the premises (if necessary by force) at any reasonable hour within one month from the time of the issue of the warrant.'.
Amendment No. 29, in page 5, line 29, leave out subsection (5).
Amendment No. 27, in page 5, line 32, leave out from "section" to end of line 33.
Amendment No. 13, in page 5, line 38, leave out "conclusive".
Amendment No. 33, in page 5, line 47, at end insert--
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