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Lord Dholakia moved Amendment No. 163:
- Page 130, line 15, leave out paragraph 24.
The noble Lord said: My Lords, this amendment concerns the provision for the intimate search of detained persons. We raised the matter in Committee and raise it again on Report. We must carefully consider what is appropriate and what is excessive. I have studied carefully and at length the explanation offered by the Minister in Committee, but I am still concerned.
- "Code of practice C which contains guidance on the conduct of intimate searches is currently under review as part of the general review that we are undertaking of all codes of practice. We are including clearer guidance for inspectors on exercising discretion in cases where a doctor or nurse is not available to conduct an intimate search".—[Official Report, 7/4/02; col. 483.]
Lord Rooker: My Lords, on the last point made by the noble Lord, I shall certainly ensure that whatever is available on PACE code of practice C is made available in the Library, if it is not already. What I can provide, I will. However, although I have a long note about it, I am not sure whether the information is fully public.
It is a serious issue; I am not gainsaying that. Intimate searches are not made on that many occasions, but they are the most intrusive procedure that can be carried out under the Police and Criminal Evidence Act 1984. It is right that the House should address the issue. I said in Committee that there was no point in having civilian detention officers if we gave them only limited powers, preventing their performing the full range of necessary duties.
Intimate searches are comparatively rare, and there is no obvious reason why a suitably trained detention officer should not carry one out in appropriate circumstances. Indeed, it would be better to have the search carried out by a trained detention officer—someone who does it all the time—than by an untrained police officer. Most importantly, the significant safeguards set out in Section 55 of the Police and Criminal Evidence Act 1984 and the PACE code of practice will continue to apply.
Under PACE, codes of practice are subject to extensive statutory consultation and the affirmative resolution procedure. I regret to say that the relevant code will not be available for Third Reading; I shall find out why. However, I shall provide the noble Lord, Lord Dholakia, with whatever is available.
There are safeguards in Section 55 of the Police and Criminal Evidence Act. I described them at some length in Committee, as the noble Lord has seen in Hansard. The circumstances in which—at present— a police constable and—in future—a designated detention officer can conduct an intimate search for potentially dangerous articles are very limited. Such a search may be carried out only on the authority of a senior officer and must be conducted by a registered doctor or nurse, unless such an officer considers that that is not possible—for example, if the senior officer reasonably suspected that a person had concealed a harmful article, such as razor blades, on his person and no doctor or nurse was readily available to conduct the search.
The Police and Criminal Evidence Act 1984 and the codes contain significant safeguards, which Schedule 4 does not alter. The Bill does not affect the existing safeguards. Any intimate searches done by those designated under the schedule will be done only with the authorisation of a senior officer and will be in limited and controlled circumstances. I shall take further advice on what I can provide to the noble Lord before Third Reading.
Lord Dholakia: My Lords, I am grateful to the Minister and beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendments Nos. 164 to 171 not moved.]
Clause 35 [Community safety accreditation schemes]:
[Amendment No. 172 not moved.]
Lord Dixon-Smith moved Amendment No. 173:
- Page 33, line 33, after "him" insert "as community safety special constables"
The noble Lord said: My Lords, here we come to the point at which our difference of opinion with the Government follows on from the argument we had earlier. The argument is not whether such officers should exist but how they should exist.
We argued earlier that we should not put people with police powers on the streets unless they were fully empowered policemen. The community safety accreditation schemes set out in the Bill provide a golden opportunity to restart completely the special constable scheme. We have already heard that the number of special constables has gone down from 19,000 to 12,000. Short of some radical change in the approach to the Special Constabulary, that diminution cannot be arrested.
We propose that the people to be accredited should be enrolled as special constables. That is a radical new approach, and it would, of course, involve a heavier training cost for the police and heavier commitment. We must also consider the down side: some communities may feel that they would not have the absolute control over such people, if they enrolled as special constables, that they would have if they were simply accredited community safety officers. The accredited community safety officer will operate within tight geographical limits, whereas the special constable is under the control of the chief police officer. It might be argued by some communities that the chief officer could remove such special constables from the place of service where they receive their bread and rations. I do not see that as a problem.
I am sorry that the noble Lord, Lord Harris of Haringey, is not in his place; he could correct me if I am wrong. I think that he has come to an arrangement with the Metropolitan Police under which the Greater London Authority will provide 100 police officers to police London's transport system. The mayor had a real concern that, if there were some form of emergency, the policing of the transport system provided by the Greater London Authority would cease, and his 100 policemen would be taken away. I understand, however, that there is a contractual arrangement with the Metropolitan Police. They are fully trained policemen, who are there to police London's transport, and there are financial penalties payable by the Metropolitan Police if those officers are removed from the transport system to deal with some financial emergency. That is a perfectly reasonable way to arrange things. I hope that my understanding is correct.
We are still wholly convinced that people on the streets acting as policemen should have full police powers. That is the merit of the status of special constable. A special constable may, at present, be a volunteer. We suggest accreditation as a different route to that status. He may be part-time, but, when the special constable is in action, he has full police powers. That is preferable to the diminished status of accredited community safety officer.
If such a change were made, it would completely transform the Special Constabulary. Consequential amendments might be required to make it work. I
accept that. However, it is an important matter, and we feel that we ought to press it at some stage. I accept the concerns of local authorities who might feel less secure about keeping the accredited community safety officers in their community. However, I have already suggested one way in which that concern could be answered. The other point is that some local authorities are beginning to discuss having their own police officers on the streets, outwith the normal police service. I am not sure that I would find that principle particularly tolerable.I am aware that there is an increasing volume of support for the Government's proposals. However, that arises out of desperation because people feel that they are not receiving the policing they want or ought to have. That is not a proud motivation on which to introduce changes in the Bill but our amendment would at least improve that situation. On that basis, I beg to move.
Baroness Harris of Richmond: My Lords, I rise to address Amendments Nos. 173 and 174 and the amendment tabled jointly by the noble Lord, Lord Dixon-Smith, and the noble Viscount, Lord Bridgeman, which states that if the local authority is the employer, it must be deemed to be a fit and proper person. I believe that that is right. However, I want to address my most important points to Amendments Nos. 173 and 174.
I understand the Opposition's reasons for bringing forward the amendments. They are attempting, as are we on these Benches, to remove the worst parts of the clause. I respectfully suggest that we are both trying to achieve the same ends but are approaching them from different angles.
Our concerns about making CSOs special constables is that people who apply to be Specials are not necessarily the same people as those who apply to be security officers, neighbourhood wardens and suchlike.
A Home Office circular, HOC 12/2000, sets out guidance on eligibility for recruitment, including ineligible occupations and activity. At present, traffic wardens, school crossing patrols and parking attendants are ineligible to be special constables. Indeed, at paragraph 23 the circular recognises the difficulties of distinction. It states:
- "However, since most members of the public do not appreciate the distinction between police authority and local authority wardens, the Working Group concluded that any uniformed persons enforcing parking or controlling traffic in public places should be ineligible for recruitment to the Special Constabulary".
The same applies to what are referred to as "non-Home Office constabularies" or "private police forces". Again, I quote from the Home Office circular. Paragraph 24 states:
- "(for instance, parks police, police forces maintained by government departments, and other bodies with constabulary powers not maintained under the Police Act 1996). The powers of such individuals are prescribed by law and relate to the particular duties they are to perform on behalf of their employers. Special Constabulary status would enable them to go beyond the confines
- of existing legislation in respect of their normal employment and there might be problems in ascertaining accountability if they were involved in a policing incident during their normal employment".
- "Holders of these occupations might be tempted to use police uniform or the police organisation to advance their personal business interests—presumably, either because they would have constabulary powers and police training, or because they would have access to information as police officers that would be denied them as civilians. This potential enhancement to an employed function is both unfair and unmanageable, and it is recommended that bailiffs, warrant officers, private detectives, and inquiry agents should not be appointed as special constables".
For all those reasons, we believe that the proposals are perhaps not the best way of dealing with these matters. I greatly regret that we on these Benches cannot wholeheartedly support the amendments from the noble Lord, Lord Dixon-Smith, and the noble Viscount, Lord Bridgeman. I reiterate that we want the same, or similar, ends and I hope that we can move forward in that spirit.
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