Protection of Freedoms Bill

Baroness Crawley Excerpts

Tuesday 24th April 2012 Lords Chamber

[Lord Elton]

My noble friend is probably old enough —I certainly am—to remember the days when an Englishman’s home was always referred to as his castle. Castles are besieged by mice. What worries me about this is that the officers who will have powers to enter my castle and your Lordships’ castles—mine is a very small place—vastly outnumber the number of mice who are able to do so. The mice are undercontrolled and so, in present legislation, are very large numbers of these officials. I do not think that they should be and noble Lords probably do not think that they should be either.

My noble friend has suggested a simple and elegant way to control the situation. The noble Lord, Lord Borrie, who shakes his head, happens to be a fellow honorary vice-president of the Trading Standards Institute. I was hearted by what he said, although he may not have intended that. He said that the removal of the powers suggested by the noble Lord, Lord Marlesford, does not go far enough. I join others who think that the provision could be further improved with consideration by the other place. Some of us have been Ministers and have had legislation that we wanted passed. It is ludicrous to leave this legislation as it and to entrust the matter to a departmental inquiry, of all things, in the expectation that it will sort it out within a time limit or achieve something worth while.

[Baroness Crawley]

My Lords, perhaps I may make a brief and slightly croaky intervention—I go one up on my noble friend Lord Borrie—as president of the Trading Standards Institute. I thank the noble Lord, Lord Marlesford, for engaging so closely with trading standards over the past number of months since first introducing his amendment in February. Indeed, trading standards officers would rather have been included in his amendment than not and therefore I do not decry them for their enthusiasm. However, after much discussion with partners in the intervening months, I should inform the noble Lord that, on behalf of trading standards, I shall not be able to follow him into the Lobby on his amendment.

My reasons are twofold. First, following on from the point made by my noble friend Lord Borrie, the provision made to include trading standards in the list of exceptions does not give enough scope to ensure consumer protection from rogue traders, money launderers and scammers of all types across all sectors. In difficult economic times—and we certainly live in difficult economic times—consumers are more and more vulnerable to these crooks and opportunists. Therefore, the legislation we bring forward to protect consumers must be very carefully enacted and leave no gaps in that protection.

Secondly, Motion A1 allows for an exemption only if provided for by the Secretary of State through regulation. Trading standards officers are extremely concerned that if the Motion is carried they would lose their existing powers of entry—they have been protecting us, as consumers, for over 100 years—until such time as they may be reinstated by statutory instrument. That uncertainty is not in the best interests of today’s vulnerable consumers.

[Lord Crickhowell]

My Lords, I had not intended to take part in this debate but one matter does strike me. In the eight years in which I was a Minister in the Administration of my noble friend Lady Thatcher, whenever a Minister said that something would take a particular period of time, she used to say, “Well, just think what was achieved in time of war during that kind of timescale”. We have been told that this review will take two years. I do not understand why the Minister does not simply say to the Home Office, “You have got to do it in a year”. Why will it take two years to carry out a review? If we were in a time of war, it would be dealt with much more quickly.

I put to the Minister exactly the retort of my noble friend Lady Thatcher. Set a timescale that is reasonable and achievable and, if the review is completed in the next year, there would be an opportunity for any necessary legislative change to take place within the present Parliament. As it is, I feel that we will get beyond 2015 and nothing will have been done.