My Lords, I do not think that we will have an opportunity to come back to mine. Of course, I am glad that the Minister and I are focused on the same outcome—the destruction of the material. My concern is that the answer to the Parliamentary Questions and the letter from the Minister rely on the new Section 63D(2) of PACE. However, as I had hoped I had explained, I do not think that it applies. The new section starts ““This section applies to”” and then in paragraphs (a) and (b) sets out what it applies to. My concern is that material taken when the person is not arrested, as the Minister has made clear, and has not given consent would not fall within this and therefore the provision for destruction in new Section 63D(2) would not apply.
I am glad to hear what the Minister says about the code and I am of course not going to press the amendment today. But my concern was that, by relying on a section that in my view does not apply—I do not think that we have quite bottomed it out—there might be resistance to destruction, which the Minister has said that the code will make quite clear is required. Although not within the context of the Bill, perhaps this is something that he and I might have a further word on outside the Chamber because we are clearly aiming at exactly the same outcome. Having said that, I beg leave to withdraw the amendment.
Amendment 1 withdrawn.
Amendments 2 and 3 not moved.
Clause 3 : Persons arrested for or charged with a qualifying offence
Amendment 4
Clause 3 : Persons arrested for or charged with a qualifying offence
Amendment 4
Moved by
Protection of Freedoms Bill
Proceeding contribution from
Baroness Hamwee
(Liberal Democrat)
in the House of Lords on Tuesday, 31 January 2012.
It occurred during Debate on bills on Protection of Freedoms Bill.
About this proceeding contribution
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734 c1504 Session
2010-12Chamber / Committee
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