I am grateful to my hon. Friend for his sedentary intervention, because it has given me an opportunity to welcome him to the Chamber. Unusually for him, he has been a bit late in arriving. I am afraid that he will have to look at the Official Report to find out what I said in support of amendment 5.
Amendment 9 proposes that clause 4 should be left out completely. Clause 4 relates to the power to require names and addresses. This goes to the heart of the whole issue of civil liberties. Increasingly in this country, we are seeing a departure from the principle that people cannot be required to give their details to anyone who comes up to them and says, ““I require your name and address.””
In preparation for the debate, I looked at a website called freeBEAGLES, which provides ““legal advice for activists”” and includes some helpful advice on when people are and are not required to give their details. For instance, it states:"““Other than under road traffic and anti-social behaviour legislation, you do not commit an offence in English law by refusing to give your name and address to the police.””"
The Bill refers not to the police but to accredited people and police civilians. The advice continues:"““However there are certain situations where the police may arrest you if they cannot establish your name and address””"
—Members should note that it is the police who can do the arresting—"““and if you are arrested and charged with an offence you will be unlikely to be granted bail unless they can establish these details.””"
It adds that the general principle"““is that you never have to give your name and address to the police prior to arrest””"
unless"““the police reasonably suspect you of a non-arrestable offence, and require your name and address for the service of a summons …where you are the driver of a vehicle…where the police say they suspect you of 'anti-social behaviour'."
London Local Authorities Bill [Lords]
Proceeding contribution from
Christopher Chope
(Conservative)
in the House of Commons on Wednesday, 7 December 2011.
It occurred during Debate on bills on London Local Authorities Bill [Lords].
About this proceeding contribution
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2010-12Chamber / Committee
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