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.
Bournemouth Borough Council Bill [Lords]
Proceeding contribution from
Christopher Chope
(Conservative)
in the House of Commons on Thursday, 28 January 2010.
It occurred during Debate on bills on Bournemouth Borough Council Bill [Lords].
About this proceeding contribution
Reference
504 c998-9 Session
2009-10Chamber / Committee
House of Commons chamberSubjects
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