My Lords, I am grateful to the Minister for his attempt to explain why my amendment is unnecessary and, in the Government’s view, undesirable.
He said that there may be a misunderstanding but there is no intention on my part, and no consequence from this amendment, to interfere with the proper functions of the inspectorate and those who are checking, as they are required to do, the implementation of the legislation. That is the first, basic point. I accept that in the great majority of cases—99 point whatever per cent—there will be no need for magistrates’ warrants because these matters will be dealt with by a perfectly civilised communication and request for inspection and consideration. Most police actions are perfectly straightforwardly done by consent, discussion and agreement. The noble Lord said that the provision did not refer to individuals but it specifically says: ""This paragraph applies to the following organisations and individuals"."
When the police have to intrude compulsorily on an individual they have to get a warrant and the magistrate takes into account the reasonable cause that the police put forward for the warrant. Exactly the same would apply here. The implication that magistrates would be incapable of making a decision is one that I would, I am afraid, reject.
I am very disappointed in the noble Lord’s response. The argument about it being there since 2000 is never a good one. We are moving forward and there is increasing dismay at the extent, much of it inevitable, of the supervising, the checking and, in some sense, the intrusion on organisations and individuals. The time has come that this should be limited, as far as possible, to consent, and where consent is not given then the warrant of a magistrate is a good and democratic way to discourage unnecessary intrusion. I am afraid that I am not happy with what the Minister has said, and I should like to test the opinion of the House.
Division on Amendment 1
Contents 152; Not-Contents 105.
Amendment 1 agreed.
Political Parties and Elections Bill
Proceeding contribution from
Lord Marlesford
(Conservative)
in the House of Lords on Monday, 15 June 2009.
It occurred during Debate on bills on Political Parties and Elections Bill.
About this proceeding contribution
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2008-09Chamber / Committee
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