|Previous Section||Back to Table of Contents||Lords Hansard Home Page|
The noble Baroness also asked about the common assessment for European professionals. The European legislation means that the regulator will need to recognise EU healthcare professional qualifications. The powers under the order allow the regulator to obtain certificates on the practice of good standards. I hope that that answers all the questions, if not all satisfactorily.
Lord Selsdon: Before the noble Baroness sits down, I may be able to save her some work. Instead of her writing to me, I will write to her tomorrow with the schedule of all the Bills. She can then confirm to me if it is correct, because I do make mistakes.
Lord Scott of Foscote: My Lords, there are three things I want to say in reply in support of my amendment. First, the Minister suggested that if an inspector were to enter premises without a warrant and were turned away, that would not by itself be a criminal offence. I believe her to be wrong about that. The terms of Article 10 are quite clear. Article 10(1) says that:
Nothing there suggests that it is necessary before a criminal offence is committed for the inspector to get a warrant. There it is: a right to enter, without a warrant, obstruction of which is a criminal offence.
That is an outrageous piece of legislation. The fact that it has been in place since 1968 in a primary Act of Parliament does not make it any less outrageous; that makes it worse. It has sat there for years, providing the precedent for repetition in other instruments-I hope not in other primary Acts, but there may be some-and I respectfully suggest that it is time this was recognised and stopped.
I entirely accept the point of the noble Baroness, Lady Barker-also made by the noble Baroness, Lady Thornton-that there will be times when inspectors need to get into premises quickly without the owner or occupier knowing. That may happen. The fact that it has not happened within the past 10 years, as seems to be the case, does not mean that it may not happen in future. If that is the position, the inspector should get a warrant. The owner of the premises does not know: warrants are applied for ex parte, without notice to the
1 Feb 2010 : Column 106
|Next Section||Back to Table of Contents||Lords Hansard Home Page|