UK Parliament / Open data

London Local Authorities Bill [Lords]

Again, I do not purport to be an expert on this Bill, and my hon. Friend the Member for Finchley and Golders Green may wish to respond on that matter when winding up this debate. The explanatory notes are totally silent on this issue and to obtain the right answer one would need to have a greater knowledge than I have on the enforcement powers in relation to unlicensed sex establishments in the City of Westminster. I have almost got to the end of this group, but I shall now deal with amendments 35 to 39 to clauses 18 and 20. I find clause 18 to be particularly offensive, because it creates a new criminal offence, stating:"““Any person who intentionally obstructs any authorised officer acting in the exercise of his powers under this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.””" In other words, they would be subject to a fine of up to £1,000. There used to be an offence on the statute book of obstructing a police officer in the execution of his duty, and there probably still is. In the days when I used to practise a bit in the criminal courts as a barrister, what one might describe as an ““over-enthusiastic”” or ““over-zealous”” police officer might often throw in a couple of charges of obstruction in the execution of duty to press a point home against a hapless defendant. If that was happening with the police, how much more dangerous is it for civil liberties for the authorised officer to be able to say, ““You've obstructed me, so I will make sure you get a £1,000 fine””? The decision about what the obstruction would be and so on would be left to the officer, and I think that goes far too far.

About this proceeding contribution

Reference

537 c336-7 

Session

2010-12

Chamber / Committee

House of Commons chamber
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