My Lords, I beg to move that the House do now resolve itself into Committee on this Bill.
Moved accordingly, and, on Question, Motion agreed to.
House in Committee accordingly.
[The DEPUTY CHAIRMAN OF COMMITTEES (Baroness Gibson of Market Rasen) in the Chair.]
Clause 1 [Interpretation]:
1: Clause 1, page 1, line 6, at end insert—
“( ) No person, or class of person, who is acting under the authority of another government, or as an employee of an agency of the European Union, shall have power to act as an “authorised person” within the United Kingdom, unless Parliament has specifically so provided.”
The noble Lord said: I am delighted to have a chance to play a small part in the proceedings on the Bill. I do not come to this matter as a Europhobe; I am not in favour of the United Kingdom leaving the European Union or anything of that nature. However, one of the things I think is wrong with the European Union is the almost untrammelled power of the European Commission. It has the power to make directives with only the most limited control, and sometimes it brings forward proposals of moderate or no wisdom.
I have the honour to sit on one of the EU sub-committees of your Lordships' House, under the wise and distinguished chairmanship of the noble Baroness, Lady Howarth. To be honest, we have to deal with a lot of the most appalling rubbish. Some of it is good stuff, but very little is. None the less, we do our best. I am bound to say that not all the members of the sub-committee take the same view as me, but on the whole there is a general view that many of the things that come from the EU are somewhat ill thought through. It seems that the EU is particularly difficult on the subject of subsidiarity. As my noble friend Lord Hurd once said, it continues to probe into the interstices of our private life here in the United Kingdom. That is entirely wrong. It is against that background that I propose Amendment No. 1 to ensure that it does not further impose itself in a way that would be regarded as bad or illegal under the provisions of this Bill as and when it, or something like it, I hope, becomes law one day soon.
The Bill as drafted does not make clear that foreign officials, or officials of the EU or EU agencies, should have no right of entry to premises in this country except with the authority and consent of Parliament. Given the drive under the Lisbon treaty—if that is what it is called and if it is to come to pass—to extend the range of surveillance and justice powers, and the intrusion of the EU even into family law, it is important to add safeguards. European arrest warrants already exist and it is a short step to wider authority for EU officials to act untrammelled in the United Kingdom. I hope that my noble friend Lord Selsdon and the Minister will accept amendments to the Bill at this stage, or maybe at a later one, to include a parliamentary block on the exercise of entry powers by non-UK authorities or under orders of a non-UK judiciary.
I also have some questions on this matter. Will the Minister let us know either today or perhaps in correspondence whether there are any Acts under which non-United Kingdom persons currently have powers of entry? Are there any proposals from the UK to prevent the exercise of such powers in the future, with appropriate assurances that Parliament will not concede any such powers without an affirmative resolution of both Houses? I am concerned that the EU may run amok if my noble friend’s Bill proceeds unamended. I beg to move.
I now understand why it was once recommended that only naval officers should organise the procedures in your Lordships’ House. I apologise to people who suggested that we should have more time for this. I crave to boon. The boon is simply that you note in your diaries “die Jovis ante diem sextum idus Julias”, which is Report on this Bill—
As the noble Lord knows, we are not out of order in utilising Latin in this House historically. I took advice. My suggestion is that we should not debate many of these amendments and allow the Minister at the end to say something. I propose to say something at the end.
I can promise your Lordships that as these matters go further numerous things will be taken into account, including all the amendments of my noble friend. As your Lordships’ know, he joined the House in 1962 and I joined only in 1963. He is therefore infinitely senior to me and we respect him. He also introduced some of the legislation which gave powers of entry but he cannot remember which. That is all I have to say on this.
I am not quite sure what intervention my noble friend is seeking from me at this point. He is right that I took a number of the Bills we will deal with later in the schedule through your Lordships’ House. I apologise for intervening yet again.
I do not propose to press this further but would be grateful to hear if the Minister has anything to say on the matters I raised earlier.
If I could get back to the noble Lords on those particular points, I will do so.
2: Clause 2, page 1, line 18, at end insert—
“( ) For the purposes of this Act, the photography of activity on private land or premises, or the purchase or commissioning of photographs, by a public authority exercising the powers specified in subsection (1)(a) above shall be considered an entry and the code of practice in Schedule 2 of this Act shall be complied with, unless compliance with the code would defeat detection of an imprisonable offence.”
The noble Lord said: I do not intend to detain your Lordships too long other than to make one small reference on this matter. There is a great deal of intrusive activity by the state and local authorities which does not involve physical entry; for example, photographing of private premises, use of aerial photographs of premises by evaluation officers or potential revaluation by the local council, even though revaluation has not been approved by Parliament. There is also surveillance by local authorities of people’s entry into their homes for the purposes of enforcing schools’ admission policies et cetera. All of this seems a bit Big Brother-ish and should be controlled by the Bill. I beg to move.
There is something called Google Earth, with which the Minister may be familiar—I have looked at it occasionally myself. There is no doubt that that is used, for example, for checking whether property owners have contravened the planning legislation. I hope that that can be controlled as well. Perhaps the Minister can write to me on that matter as well. In the mean time, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 2 agreed to.
Clauses 3 and 4 agreed to.
Clause 5 [Limitations on powers of entry]:
3: Clause 5, page 2, line 6, at end insert—
“( ) a privacy impact assessment has been carried out, in conjunction with the Information Commissioner’s Office, to assess the proportionality of the power.”
The noble Earl said: The purpose of the amendment is straightforward; namely, to require that the state’s powers of entry be subject to privacy impact assessments, so that their proportionality can be evaluated. The Minister may consider that a provision such as this might impose too onerous a burden on the state. I am bound to say that, for reasons that I shall try to explain, I would find such an outcome disappointing.
We know, because the Minister has told us so in his letter of 25 January to my noble friend Lord Selsdon, that the Government are already committed to conducting this sort of evaluation in respect of their powers of entry. I quote from the letter:
“The work is being carried out in three phases: … Phase 1: Existing Powers … This will involve identifying each power of entry, and determining the purpose of the legislation within which it is contained and the purpose of the entry power … Phase 2: Assessment of Continuing Need …We intend to use this exercise to examine the continuing need for these powers and, if the power is considered necessary, to look at the level of safeguards and protections in place and whether these are appropriate for the 21st century”.
At a pinch, it could be argued that the proposed statutory requirement for a proportionality test goes a little further than the current Home Office process, but, for all practical purposes, the amendment requires the Government to do little more than that to which they are already committed and are already doing.
That might tempt one to suppose that the amendment is therefore otiose, but, as I have said, the proportionality test envisaged by the amendment is something of an innovation. It is needed to take due account of the pace of technological change in recent years. For many of these legacy powers, as ancient as they are, privacy considerations would simply not have been an issue when they were enacted. But in the current age, with the proliferation of the database state and surveillance technology, viable and meaningful demonstrations of the proportionality of any given power in privacy terms are highly desirable, not just in their own right but also as a means of engendering and fostering public trust. Moreover, and in mild anticipation of the amendment tabled by my noble friend Lord Marlesford, I hope that this provision is structured in such a way that, in so far as the Government may legislate for additional powers of entry in the future, these too would be subject to the requirement for privacy impact assessments.
The Minister might suggest that the terms of the amendment could impose unnecessary delay on a process already in train in Whitehall, because of the requirement to prepare appropriate methodologies for privacy impact assessments. He knows as I well as I do that guidance on appropriate processes in this field has already been issued by the Information Commissioner. Given that these are essentially aimed at the commercial sector, it is conceivable that they might need a little tweaking to accommodate their use in a government context. In so far as this may be necessary, I hope the ICO would be able to deliver on this in very short order and, indeed, could welcome the opportunity to do so.
This leads to my final point on the amendment. Viewed rationally, the state’s powers of entry cannot be disentangled from broader considerations of the individual’s right to privacy. Accordingly, it is important that, in its capacity as the privacy watchdog for our citizenry, the Information Commissioner’s Office be accorded some formal locus in respect of the provisions of the Bill. Dare I say that the amendment provides this in an elegant and comprehensive way? I beg to move.
I had not intended to speak to his amendment because I have already spoken to my noble friend. As noble Lords know, he is one of the leading experts in this field. We suggested that this particular issue should be raised some time in the future. It is linked to the amendment to be moved by my noble friend Lord Marlesford. I ask my noble friend to withdraw his amendment.
I can give a flavour of that. The proportionality of the power of entry is, and should continue to be, established for each proposed new or amending power. This includes assessing the appropriateness of any power of seizure or inspection. The Government have made very clear, in their evidence to both the Home Affairs Committee on surveillance and the Constitution Committee on the impact of surveillance and data collection, that privacy, the right protection and safeguards for the individual, and the impact on the individual, are issues to be considered before legislation is put before Parliament. I do not want to say more than that. I propose, if I may, that the noble Lord withdraws the amendment.
I am grateful for the Minister’s clarification of the issue and find that entirely satisfactory at this stage. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendments Nos. 4 and 5 not moved.]
Clause 5 agreed to.
Clause 6 [Times when entry may take place]:
[Amendments Nos. 6 and 7 not moved.]
Clause 6 agreed to.
Clause 7 [Number of persons permitted to enter premises]:
[Amendments Nos. 8 and 9 not moved.]
Clause 7 agreed to.
Clause 8 [Production of documents etc.]:
[Amendments Nos. 10 and 11 not moved.]
Clause 8 agreed to.
12: After Clause 8, insert the following new Clause—
“Powers of entry: future primary legislation
(1) Any provision regarding powers of entry in any public bill introduced into Parliament after this Act has received Royal Assent shall meet the requirements of subsection (2).
(2) The requirements are that—
(a) the circumstances in which a power of entry may be exercised are clearly specified,(b) the person who has power to authorise the exercise of any such power shall be clearly identified,(c) the procedure for authorising the exercise of a power of entry shall include requirements that—(i) written authorisation is required for the exercise of such a power,(ii) such authorisation shall state clearly the legislation which contains the power of entry, and(iii) a copy of the written authorisation shall be given to the person or persons whose premises are entered.”
The noble Lord said: The balance between the authority of the state and the civil liberties of the citizen has been at the heart of political controversy since the earliest times. The number and shape of the steps on the route between perfect liberty and total tyranny have never been symmetrical.
My noble friend Lord Selsdon’s excellent and much needed Bill goes to the heart of one of the practical and identifiable steps: the statutory right of the representatives of the state to enter the premises of the citizen. That the balance has for a long while been tipped the wrong way is beyond dispute, at least among those who unite in rejecting democratic centralism, which celebrates the supremacy of the state.
To retreat from where we have already reached will be hard. My amendment merely seeks to limit the rate at which we are progressing in the wrong direction. The assessment of the impact of legislation in terms of cost, numbers of public employees and human rights has been established for some decades now, but we still provide for powers of entry in current legislation with little debate and less definition wherever the bureaucrats anticipate the possibility of the frustration of their aims.
My own quis custodiet? starting point is that, in general, powers of entry should always be invigilated by others. If the police need a magistrate’s warrant to enter the premises of others, so should every other official intruder. However, I recognise that in the complicated society we have created, where inevitably, if unpredictably, the multitude of rules and regulations need enforcement, we may need to spell out in a recognised format the conditions under which they may be exercised in each Bill which comes before Parliament.
Those affected by the exercise of powers of entry must be informed by what legislation, by whom, on whose authority and for what purpose the powers are to be used, and an official record of their use must be left with the citizen affected.
I hope that in the great majority of cases, inquiries and inspections can be made by prior arrangement and agreement with the citizen. When this is possible, powers of entry will not need to be used and thus my amendment will not apply. This should apply to most visits by inspectors concerned with health and safety, environmental protection, building regulations and so on. However, there are areas, such as checking functions of trading standards officers, where, by definition, unannounced visits are essential. In all such cases a copy of the written authority should be provided and left with the person whose premises are to be visited.
I recognise that my amendment implies additional parliamentary debate of any fresh legislation that includes powers of entry. That is all to the good. I believe that what I propose will provide valuable reassurance to our citizens, who are bewildered and worried by the powers of the bureaucracy and who have sometimes suffered from officious, discourteous or disproportionate use of such powers. I beg to move.
I wholeheartedly support my noble friend’s amendment. As the Committee might expect, we discussed it at length beforehand. It seems to me an important part of the Bill, and of any future legislation, that it should contain a powers of entry clause. This is a most suitable new clause and a most suitable amendment.
On Question, amendment agreed to.
Clause 9 [Seizure of documents]:
[Amendment No. 13 not moved.]
Clause 9 agreed to.
Clause 10 [Saving]:
14: Clause 10, page 3, line 24, leave out “or officers of HM Revenue and Customs”
The noble Lord said: This goes to the heart of the Bill. I pay tribute to the Minister and his team, because at Second Reading I had doubts and thought that this whole concept should be swept into the long grass. I found to my amazement that the co-operation I encountered when I first joined this House was alive and well. I spoke to the Minister, who suggested that there were things that could be done together. I then learnt an amazing piece of information. Why had there been no answer to all the questions that I had asked about what powers of entry government departments had? The short answer was that government departments did not know what their powers of entry were and no-one else knew what they were. Then, to my surprise, we ended up with a joint team with the Home Office, suggested by the Minister, who could not have been more helpful. We all realised that something could be done if, first and foremost, we could identify what powers of entry existed.
In the first Bill that I put forward there were some sections. In Committee, that Bill and its schedule were like this. The schedule in the amendment lists 500 pieces of legislation, which I then broke down in a brief according to which ones were the responsibility of which ministry. That has been fairly defined to date, but the general feeling is that there could be as many as 1,000 powers of entry at large somewhere, hiding under some bed or other. What intrigued me was the ingenuity shown by the Home Office team. When they found that ministries did not know what their powers of entry were, they kindly used as a base the works that I have previously shown your Lordships in the book by my esteemed university professor. We then found that they had the old-fashioned ideas of going to the internet. So, without any help from other government departments, the outside world has produced a pretty impressive schedule.
My suggestion is therefore that this Bill proceeds to Report stage next week and is then passed. It can then be used as a base for further research and activity which could take place during the summer months. We would then discuss with the Government whether they felt able to support the introduction of legislation in the next Parliament.
This is an extraordinarily topical issue and I am still amazed that, for several hundred years, people have not known what the powers were. I take great comfort from the fact that, if people did not know what the powers were, they probably were not used very much and were not necessary. I return to my noble friend’s point about foreigners. There is a worry these days that many of the powers that were in the state’s hands—you could trust government officials—have moved into the hands of private companies under privatisation.
There is a lot to do and I do not wish to take the Committee’s time, but I thank the Minister for the initiatives that he has shown. I assure him of our support and I hope that we will receive support from the Home Office. I very much appreciate the fact that we have managed to squeeze our discussion into a short time, which prevents me waffling on. I beg to move.
Having taken part in the Second Reading and now hearing the amendments that have been moved, it is staggering to learn, for each department, how many Acts of Parliament give the right of entry. The work that has been done is prodigious. It is clearly not finished, but people will refer to it for a very long time.
I have one question for the Minister, which I suspect he will not have the answer to at his fingertips. As my noble friend has explained, there is evidently considerable confusion about what powers of entry lie on the statute book. What concerns me is that there are a number of non-departmental bodies, as I understand it, that have quasi-legislative powers in their own right. For example, if I remember correctly, the Financial Services Authority can legislate in its own right to give itself powers of entry.
My question is whether those sorts of situations could be contained within the schedule. Failing that, would the inclusion of the Financial Services and Markets Act within the schedule cover that eventuality?
I thought that the Minister might have liked to say something at this point.
On Question, amendment agreed to.
[Amendment No. 15 not moved.]
Clause 10, as amended, agreed to.
Clause 11 agreed to.
Schedule 1 [Acts containing powers of entry, or authorising the making of regulations containing such powers]:
16: Schedule 1, leave out Schedule 1 and insert the following new Schedule—
SCHEDULE 1Legislation containing powers of entryPart 1Acts containing powers of entry, or authorising the making of regulations containing such powersAdoption Act 1976 (c. 36)Adoption and Children Act 2002 (c. 38)Agriculture Act 1947Agriculture Act 1967Agriculture Act 1970Agriculture and Horticulture Act 1964Agriculture Marketing Act 1958Agriculture Produce (Grading and Marking Act) 1928Agriculture Wages Act 1948Airforce Act 1955Alcoholic Liquor Duties Act 1979Anatomy Act 1984Ancient Monuments and Archaeological Areas Act 1979Animal Boarding Establishments Act 1963Animal Health Act 1981Animal Health Act 2002Animal Welfare Act 2006Animal (Scientific Procedures) Act 1986Anti-social Behaviour Act 2003Anti-terrorism, Crime and Security Act 1990Appellate Jurisdiction Act 1876 Arbitration Act 1996 Arbitration Act 1996Armed Forces Act 2001Army Act 1955Asylum and Immigration Act 1996Asylum and Immigration (Treatment of Claimants etc.) Act 2004Atomic Energy Act 1946Aviation and Maritime Security Act 1990Aviation Security Act 1982Bankers’ Books Evidence Act 1879Banking Act 1987Bees Act 1980Betting and Gaming Duties Act 1981Betting, Gaming and Lotteries Act 1963Biological Weapons Act 1974Breeding of Dogs Act 1991British Fishing Boats Act 1983British Railways Act 1993Broadcasting Act 1990Broadcasting Act 1996Building Act 1984Cable and Broadcasting Act 1984Caravan Sites and Control of Development Act 1960Care Standards Act 2000Channel Tunnel Act 1987Charities Act 1993Chemical Weapons Act 1996Child Support Act 1991Childcare Act 2006Children (Scotland) Act 1995Children Act 1989Children Act 2004Children and Adoption Act 2002Children and Young Persons (Harmful Publications) Act 1955Children and Young Persons Act 1933Children and Young Persons Act 1963Children and Young Persons Act 1969Cinemas Act 1985City of London (Various Powers) Act 1950City of London (Various Powers) Act 1961City of London (Various Powers) Act 1965City of London (Various Powers) Act 1977Civil Aviation Act 1982Civil Evidence Act 1968Civil Procedure Act 1997Clean Air Act 1956Clean Air Act 1993Clean Neighbourhoods and Environment Act 2005Coal Industry Act 1994Coal Mining Subsistence Act 1991Coast Protection Act 1949Commissioner for Older People (Wales) Act 2006Common Law Procedure Act 1852Commonhold and Leasehold Reform Act 2002Communications Act 2003Community Land Act 1975 Companies Act 1929 Companies Act 1985Compensation Act 2006Competition Act 1998Compulsory Purchase Act 1965Computer Misuse Act 1990Conservation of Seals Act 1970Consumer Credit Act 1974Consumer Protection Act 1987Contempt of Court Act 1981Control of Pollution Act 1974Control of Pollution (Amendment) Act 1989Copyright, Designs and Patents Act 1988Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002Countryside Act 1968Countryside and Rights of Way Act 2000County Courts Act 1984Courts Act 1971Courts Act 2003Crime (International Cooperation) Act 2003Crime (Sentences) Act 1997Crime and Disorder Act 1998Criminal Appeal Act 1968Criminal Damage Act 1971Criminal Justice (International Cooperation) Act 1990Criminal Justice (Scotland) Act 1987Criminal Justice Act 1925Criminal Justice Act 1987Criminal Justice Act 1988Criminal Justice and Police Act 2001Criminal Justice and Public Order Act 1994Criminal Law Act 1967Criminal Law Act 1977Criminal Libel Act 1819Crossbows Act 1987Crown Proceedings Act 1947Customs and Excise Management Act 1979Customs Consolidation Act 1876Dangerous Dogs Act 1991Dangerous Wild Animals Act 1976Data Protection Act 1984Data Protection Act 1998Deer Act 1991Dentists Act 1984Development of Tourism Act 1969Disability Discrimination Act 1995Diseases of Fish Act 1937Distress for Rent Act 1689Distress for Rent Act 1737Dogs (Protection of Livestock) Act 1953Dogs Act 1906Dramatic and Musical Performers’ Protection Act 1958Drug Trafficking Act 1986Drug Trafficking Act 1994Education Act 1996Education Act 1997Education Act 2005 Education and Inspections Act 2006 Education Reform Act 1988Electricity Act 1989Emergency Laws (Re-enactments and Repeals) Act 1964Employment Agencies Act 1973Employment and Training Act 1973Endangered Species (Import and Export) Act 1976Energy Act 1976Energy Conservation Act 1981Enterprise Act 2002Environment Act 1995Environment Protection Act 1985Environmental Protection Act 1990Estate Agents Act 1979European Communities Act 1972Explosive Substances Act 1883Explosives Act 1875Extradition Act 2003Fair Trading Act 1973Family Law Act 1986Finance Act 1946Finance Act 1976Finance Act 1985Finance Act 1986Finance Act 1988Finance Act 1991Finance Act 1993Finance Act 1994Finance Act 1995Finance Act 1996Finance Act 1997Finance Act 2000Finance Act 2001Finance Act 2003Financial Services Act 1986Financial Services and Markets Act 2000Fire and Rescue Services Act 2004Fire Precautions Act 1971Fire Safety and Safety of Places of Sport Act 1987Fire Services Act 1947Firearms (Amendment) Act 1988Firearms Act 1968Fisheries Act 1981Food and Environment Protection Act 1985Food Safety Act 1990Food Standards Act 1999Football (Offences) Act 1991Football Spectators Act 1989Forgery Act 1913Forgery and Counterfeiting Act 1981Freedom of Information Act 2000Fur Farming (Prohibition) Act 2000Gambling Act 2005Game Act 1831Game Laws (Amendment) Act 1960Gaming (Bingo) Act 1985Gaming Act 1968Gangmasters (Licensing) Act 2004 Gas Act 1965 Gas Act 1986Gas Act 1995Goods Vehicles (Licensing of Operators) Act 1995Government of Wales Act 1998Greater London Council (General Powers) Act 1968Greater London Council (General Powers) Act 1981Greater London Council (General Powers) Act 1984Gun Barrel Proof Act 1868Harbours Docks and Piers Clauses Act 1847Health Act 2006Health and Safety at Work etc. Act 1974Health and Social Care (Community Health and Standards) Act 2003Highways Act 1980Hill Farming Act 1946Housing Act 1957Housing Act 1985Housing Act 1986Housing Act 1996Housing Act 2004Human Fertilisation and Embryology Act 1990Human Rights Act 1998Human Tissue Act 2004Hydrocarbon Oil Duties Act 1979Hypnotism Act 1952Immigration Act 1971Immigration and Asylum Act 1999Immigration and Asylum Act 2002Import, Export and Customs Powers (Defence) Act 1939Incitement to Disaffection Act 1934Income and Corporation Taxes Act 1988Indecent Displays (Control) Act 1981Inheritance Tax Act 1984Insolvency Act 1986Insurance Companies Act 1982Interception of Communications Act 1985International Criminal Court Act 2001International Carriage of Perishable Foodstuffs Act 1976International Road Haulage Permits Act 1975Interpretation Act 1978Jobseekers Act 1995Judgments Act 1838Knives Act 1997Land Drainage Act 1991Land Powers (Defence) Act 1958Land Tax Act 1797Landlord and Tenant Act 1927Landlord and Tenant Act 1985Landmines Act 1998Law of Distress Amendment Act 1888Law of Distress Amendment Act 1908Learning and Skills Act 2000Leasehold Reform, Housing and Urban Development Act 1993Licensing Act 1964Licensing Act 2003Local Government (Miscellaneous Provisions) Act 1976 Local Government (Miscellaneous Provisions) Act 1982 Local Government Act 1988Local Government and Housing Act 1989Local Government Finance Act 1988Local Government Finance Act 1992Local Government, Planning and Land Act 1980London Building Act 1930London Building Acts (Amendment) Act 1939London County Council (General Powers) Act 1912London County Council (General Powers) Act 1920London County Council (General Powers) Act 1948London County Council (General Powers) Act 1949London County Council (General Powers) Act 1956London County Council (General Powers) Act 1957London County Council (General Powers) Act 1959London County Council (General Powers) Act 1963London Government Act 1963London Local Authorities Act 1991London Local Authorities Act 1995London Local Authorities Act 1996London Local Authorities Act 2004London Olympic Games and Paralympic Games Act 2006Lotteries and Amusements Act 1976Magistrates’ Courts Act 1980Marine, etc., Broadcasting (Offences) Act 1967Matrimonial Causes Act 1973Medicines Act 1968Mental Health Act 1983Merchant Shipping Act 1995Metropolis Management (Thames River Prevention of Floods) Amendment ActMetropolis Water Act 1852Metropolitan Police Act 1839Metropolitan Water Board Act 1927Milk (Cessation of Production) Act 1985Mineral Workings Act 1985Misuse of Drugs Act 1971National Assistance Act 1948National Health Service (Wales) Act 2006National Health Service Act 2006National Health Service and Community Care Act 1990National Health Service Reform and Health Care Professions Act 2002National Heritage Act 1983National Minimum Wage Act 1998National Parks and Access to the Countryside Act 1949Natural Environment and Rural Communities Act 2006New Roads and Street Works Act 1991Night Poaching Act 1828Noise Act 1996Noise and Statutory Nuisance Act 1993Nuclear Explosions (Prohibitions and Inspections) Act 1998Nuclear Safeguards Act 2000Nuclear Safeguards and Electricity (Finance) Act 1978Obscene Publications Act 1876Obscene Publications Act 1959Offences against the Person Act 1861 Offensive Weapons Act 1996 Official Secrets Act 1911Official Secrets Act 1989Oil Taxation Act 1975Olympic Symbol etc. (Protection Act) 1995Ordnance Survey Act 1841Party Wall Act 1996Pension Schemes Act 1993Pensions Act 1993Pensions Act 1995Pensions Act 2004Performing Animals (Regulation) Act 1925Perjury Act 1911Pests Act 1954Pet Animals Act 1951Petroleum (Consolidation) Act 1928Pipelines Act 1962Planning (Hazardous Substances) Act 1990Planning (Listed Buildings and Conservation Areas) Act 1990Planning and Compensation Act 1991Plant Health Act 1967Plant Varieties and Seeds Act 1964Poaching Prevention Act 1862Poisons Act 1972Police (Property) Act 1897Police (Property) Act 1997Police Act 1964Police Act 1966Police Act 1996Police Act 1997Police and Criminal Evidence Act 1984Police and Criminal Evidence Act 1984 (Application to Revenue & Customs) Order 2007Police Reform Act 2002Political Parties, Elections and Referendum Act 2000Port of London Act 1968Postal Services Act 2000Powers of Criminal Courts (Sentencing) Act 2000Powers of Criminal Courts Act 1973Prevention of Crime Act 1908Prevention of Crime Act 1953Prevention of Damage by Pests Act 1949Prevention of Terrorism Act 1989Prices Act 1974Private Security Industry Act 2001Proceeds of Crime Act 1995Proceeds of Crime Act 2002Property Misdescriptions Act 1991Protection from Harassment Act 1997Protection of Animals Act 1911Protection of Badgers Act 1992Protection of Children Act 1978Public Health (Control of Disease) Act 1984Public Health Act 1875Public Health Act 1936Public Health Act 1961Public Order Act 1936 Public Order Act 1984 Public Order Act 1986Public Stores Act 1875Radioactive Material (Road Transport) Act 1991Railways Act 1993Railways and Transport Safety Act 2003Refuse Disposal (Amenity) Act 1978Regional Development Agencies Act 1998Regulation of Investigatory Powers Act 2000Rent (Agriculture) Act 1976Rent Act 1965Rent Act 1968Rent Act 1977Reservoirs Act 1975Riding Establishments Act 1964Rights of Entry (Gas and Electricity Boards) Act 1954Rights of Way Act 1990Road Traffic Act 1971Road Traffic Act 1988Road Traffic Offenders Act 1988Road Traffic Regulation Act 1984Safety of Sports Grounds Act 1975Salmon Act 1986Salmon and Freshwater Fisheries Act 1975Schools Inspection Act 1996Scrap Metal Dealers Act 1964Sea Fish (Conservation) Act 1967Sea Fish (Conservation) Act 1992Sea Fisheries (Shellfish) Act 1967Sea Fisheries Act 1968Sea Fisheries Regulation Act 1966Serious Organised Crime and Police Act 2005Sexual Offences Act 1956Sexual Offences Act 1985Sexual Offences Act 2003Shipping and Trading Interest (Protection) Act 1995Slaughter of Poultry Act 1967Slaughterhouses Act 1974Social Security (Incapacity for Work) Act 1994Social Security (Recovery of Benefits) Act 1997Social Security Act 1973Social Security Act 1998Social Security Administration Act 1992Social Security Contributions and Benefits Act 1992Solicitors Act 1974Sporting Events (Control of Alcohol etc.) Act 1985Stamp Act 1891Sunday Trading Act 1994Supreme Court Act 1981Taking of Hostages Act 1982Taxation of Chargeable Gains Act 1992Taxes Management Act 1970Telecommunications Act 1984Terrorism Act 2000Terrorism Act 2006Theatres Act 1968Theft Act 1968Theft Act 1978 Tobacco Advertising and Promotion Act 2002 Torts (Interference with Goods) Act 1977Town and Country Planning Act 1971Town and Country Planning Act 1990Trade Descriptions Act 1968Trade Descriptions Act 1972Trade Marks Act 1994Trading with the Enemy Act 1939Transport Act 1968Transport Act 1981Transport and Works Act 1992Tribunal Courts and Enforcement Act 2007Utilities Act 2000Value Added Tax Act 1994Vehicles (Crime) Act 2001Video Recordings Act 1984Waste and Emissions Trading Act 2003Water Act 1945Water Industry Act 1991Water Resources Act 1991Weeds Act 1959Weights and Measures Act 1985Welfare Reform and Pensions Act 1999Welsh Development Agency Act 1975Wildlife and Countryside Act 1981Wireless Telegraphy Act 1949Wireless Telegraphy Act 2006Youth Justice and Criminal Evidence Act 1999Zoo Licensing Act 1981Part 2Secondary legislation containing powers of entryAerosol Dispensers (EEC Requirements) Regulations 1977African Swine Fever Order 1980Aujesky’s Disease Order 1983Carriage of Dangerous Goods and Use of Transportable PressureCattle Plague Order 1928Channel Tunnel (Security) Order 1994Civil Procedure Rules 1998Companies (Northern Ireland) Order 1986Consumer Credit (Entry and Inspection) Regulations 1977Conveyance of Live Poultry Order 1919Council Tax (Administration and Enforcement) Regulations 1992County Court Rules 1981Criminal Justice Act 1988 (Offensive Weapons) Order 2002Dangerous Substances and Explosive Atmospheres Regulations 2002Defence (Control of Textiles) Regulations 1945Diseases of Animals (Seizure) Order 1993Disposals of Vehicles Regulations 1968Distress for Customs and Excise Duties and Other Indirect Taxes Regulations 1997Distress for Rent (Amendment) Rules 1999Distress for Rent Rules 1988Dutch Elm Disease (Local Authorities) Order 1984Equipment Regulations 2004Farm and Horticultural Development Regulations 1981Feeding Stuffs (Sampling and Analysis) Regulations 1999 Fertilisers (Sampling and Analysis) Regulations 1996 Fire Precautions (Workplace) Regulations 1997Gas (Road Fuel) Regulations 1972Gas Safety (Rights of Entry) Regulations 1996Grading of Horticultural Produce (Form of Labels) Regulations 1982Health and Safety (Enforcing Authority) Regulations 1998High Court and County Courts Jurisdiction Order 1991Hops Certification Regulations 1979Hydrocarbon Oil (Amendment) Regulations 1977Hydrocarbon Oil (Amendment) Regulations 1981Hydrocarbon Oil (Amendment) Regulations 1985Hydrocarbon Oil (Amendment) Regulations 1992Hydrocarbon Oil (Amendment) Regulations 1993Hydrocarbon Oil (Industrial Reliefs) Regulations 2002Hydrocarbon Oil (Payment of Rebates) Regulations 1996Hydrocarbon Oil Regulations 1973Import of Goods (Control) Order 1954Importation of Processed Animal Protein Order 1981Income Tax (Pay As You Earn) Regulations 2003Income Tax (Sub-Contractors in the Construction Industry) Regulations 1993Infectious Disease of Horses Order 1987Inspection of Boarding School and Colleges (Powers and Fees) (Wales) Regulations 2002Magistrates’ Courts Rules 1981Medicines (Animal Feeding Stuffs) (Enforcement) Regulations 1985Mental Health Act 1983 (Remedial) OrderMethylated Spirits Regulations 1987National Care Standards Commission (Inspection of Schools and Colleges) Regulations 2000Orders for the Delivery of Documents (Procedure) Regulations 2000Plant Health (Forestry) (Great Britain) Order 1993Plant Health (Great Britain) Order 1993Plant Health (Phytophthora ramorum) (England) (No 2) Order 2002Plant Health (Phytophthora ramorum) (Wales) (No 2) Order 2002Police (Property) Regulations 1997Police Act 1997 (Notification of Authorisations etc.) Order 1998Police and Criminal Evidence Act 1984 (Application to Armed Forces) Amendment Order 1990Police and Criminal Evidence Act 1984 (Application to Customs and Excise) (Amendment) Order 1985Police and Criminal Evidence Act 1984 (Application to Customs and Excise) (Amendment) Order 1985Police and Criminal Evidence Act 1984 (Application to Customs and Excise) (Amendment) Order 1985Police and Criminal Evidence Act 1984 (Application to Customs and Excise) (Amendment) Order 1985Police and Criminal Evidence Act 1984 (Application to Revenue & Customs) OrderPotatoes Originating in Germany (Notification) (England) (Order) 2001Potatoes Originating in Germany (Notification) (Wales) (Order) 2001Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989) Order 2003 Property Misdescriptions (Specified Matters) Order 1992 Rabies (Control) Order 1974Regulations 1989Rules of the Supreme Court 1965Seed Potatoes Regulation 1991Specified Pathogens Order 1998Specified Risk Material Order 1997Spirits Regulations 1991Stamp Duty Reserve Tax Regulations 1986Swine Vesicular Disease Order 1972Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004Tuberculosis (England and Wales) Order 1984Warble Fly (England and Wales) Order 1982Weeds Act 1959Zoonoses Order 1975“
On Question, amendment agreed to.
Schedule 1, as amended, agreed to.
Schedule 2 agreed to.
House resumed: Bill reported with amendments.
House adjourned at 6.59 pm.