asked Her Majesty’s Government:

Whether they are taking steps to reduce the number of bodies that have the power of search without warrant.

My Lords, the power of search without warrant is granted under individual enactments by Parliament to ensure that the purpose of such legislation can be effectively enforced. We would consider removing any enforcement powers if they were no longer considered relevant or appropriate, but there are no current plans to reduce the number of bodies exercising their statutory powers of search without warrant.

My Lords, I thank the Minister for that information, which is more or less what has been given before. I have a book from the Library of the House called The Law of Entry, Search and Seizure, which I admit I have not read from cover to cover. Two or three chapters cover different powers of entry for different bodies. The number has increased, is increasing and should not go on increasing. Surely there should be logic throughout the whole search and entry procedure rather than the gobbledegook of different powers that I have read about in this fascinating tome?

My Lords, I have some sympathy with the noble Earl on this; it is for that reason—not my sympathy personally but for the reason that he enunciated—that we propose to review some of these powers in the context of the PACE review, which was announced in March this year. Previous Governments have attempted to rationalise matters in the way suggested by the noble Earl, going back as early as the 1980s, and there has been some success in that regard. But, obviously, this is work in progress.

My Lords, is my noble friend aware that the use of search powers without warrant has led to some very important arrests, not least those of Peter Sutcliffe—the Yorkshire Ripper—and the Oklahoma bomber, Timothy McVeigh? Does he agree that the use of stop and search is a very real deterrent when people are carrying knives and handguns on the streets, provided, of course, that it is carried out lawfully?

My Lords, stop and search is a rather different issue but the noble Lord makes an important point with regard to law enforcement. He is absolutely right that a search without warrant is essential in many instances, not least to protect life, limb and property. It is for that reason that those powers exist.

My Lords, I am advised that the Ministry of Justice does not keep any records of the number of warrants for entry that have been issued by magistrates. Can the Minister tell us why that is the case?

My Lords, the Question relates to entry without warrants. I do not have a precise statistical answer to the noble Lord’s question but I shall be more than happy to contact my colleagues in the Ministry of Justice and ensure that we do provide an answer.

My Lords, is there at least a requirement that a report of every use of the power should be recorded centrally at the Home Office? What safeguards are there to ensure that the exercise of the power on a particular occasion was for a legitimate object, and was necessary and proportionate to the achievement of that object, in order to satisfy Article 8 of the European Convention on Human Rights?

My Lords, that is an extremely important article, as are the PACE codes that govern these issues. As part of the review we intend to keep a careful eye on PACE powers and procedures so that they reflect what we need for law enforcement in the 21st century.

My Lords, is the Minister satisfied that people who have the right to search without a warrant fully identify themselves to the householder whom they are approaching? Many elderly people are very concerned about, and taken in by, people who are not legitimately entitled to enter their premises. How can the Minister be confident that householders are satisfied that the person entering their property is legitimately entitled to do so?

My Lords, there is a general instruction that, whatever form of officialdom needs to have access to premises and property, its officials should identify themselves to the owner and occupier. That will not always be the case, of course, in the kind of situations referred to by the noble Lord, Lord Mackenzie of Framwellgate, but, by and large, one can fairly say that powers of entry are exercised reasonably.

My Lords, how many such bodies are there?

My Lords, I think the noble Lord is asking me how many bodies have powers of entry. I do not have a precise figure for that and a central record is not kept. A central record was not kept when the noble Lord was part of a Conservative Government.

My Lords, when we had this problem in the electronic world, the Government very sensibly introduced the Regulation of Investigatory Powers Act, which rationalised the situation for most bodies. Does the Minister agree that there is a very good case for doing the same now so that citizens know where they stand when someone turns up to the door and says that they are entitled to come in? If you have done it already in one place, do it again.

My Lords, the Regulation of Investigatory Powers Act was a rather more extensive piece of legislation than the noble Earl described it. There is a benefit, clearly, in knowing who has what powers and where and how they are exercised, but that is part of the more extensive review that is being conducted currently.

My Lords, can the Minister assure me that no one but a police officer will be given permission to search a private motor car, even in relation to some technological development of the congestion charge?

My Lords, I do not think I can offer that assurance. I am intrigued by the noble Baroness’s question; there is obviously something else behind it.

My Lords, will the Minister kindly give a Written Answer to the question of my noble friend Lord Tebbit when he knows how many of these bodies there are?

My Lords, I shall endeavour to do so.

My Lords, if the Minister undertakes a survey of bodies that can interfere without warrants, will he also look at information gateways, which are increasing in number, whereby information obtained about a citizen can be passed from one government department to another without the citizen being aware that it is being so passed?

My Lords, there are Data Protection Act protections against such activities, but there are occasions when it is important to communicate such information and there is a legitimate reason for having done so.