Protection of Freedoms Bill

Debate between Lord Butler of Brockwell and Lord Borrie

Monday 6th February 2012 Lords Chamber

[Lord Borrie]

My Lords, first, I declare an interest as having been honorary president of the Trading Standards Institute, the trading standards officers’ professional body, for a period of five years, since which I have also been one of several vice-presidents.

Secondly, I congratulate the noble Lord, Lord Marlesford, on two things. The first is his persistence, both through the work on this Bill and earlier, in questioning the rights and powers of entry by numerous public officials. He has correctly congratulated his noble friend Lord Selsdon on the massive amount of work that he put in over the years in working out how many powers of entry exist. The second thing I congratulate the noble Lord, Lord Marlesford, on is his evident willingness, both in Committee, which I regret I was not able to attend, and at this stage, to compromise, especially by reference to trading standards officers, whose powers of entry are obviously in the public interest. The powers of entry of trading standards officers are, to my mind, a necessary complement to powers to prosecute traders of all kinds, big and small, for misleading claims and descriptions, including pricing and the selling of unsafe and counterfeit goods. Trading standards officers could hardly do a decent job for the consumer unless they were able to make unannounced visits. However, local authority trading standards officers are undoubtedly proud of the fact that good relations with traders in their locality enables them to make, by agreement, many visits and changes in the descriptions and so on of goods being sold. The power of entry—unannounced, from time to time—is a necessary complement to those occasions. I hope that trading standards officers’ need to enter premises without previous agreement would be on a minority of occasions.

In Committee, the noble Lord, Lord Marlesford, was willing to say that trading standards officers should not need the agreement of the occupier of the premises or a warrant if they could demonstrate that that would frustrate their powers. The noble and learned Lord, Lord Scott of Foscote, also spoke in Committee, and I hope that we will hear from him in the debate this afternoon. He was rather less amenable to compromise than was the noble Lord, Lord Marlesford, and seemed to suggest that it was so easy to get a magistrate’s warrant that there should never be any real problem—warrants would be forthcoming as and when they were needed. The noble Lord, Lord Marlesford, realised that trading standards officers would still be weakened in their work unless, today, on Report, a further concession or compromise was made—hence his new amendment. He realised that they are in a special position, as I have sought to indicate myself. He sets that out in Amendment 37ZC.

There is a slightly odd reference to a “Constable”, with a capital letter. The noble Lord probably meant any police officer, not just someone with the honorific title “Constable of Dover Castle” or those who have capital letters to describe their particular job. If he meant a trading standards officer and any member of the police force or Security Service acting under legislation that permits a person to exercise power of entry, then that would have no restriction. My worry here is why trading standards officers have been picked out. As I explained in my declaration, I have a special interest in their consumer protection powers and so on. Most of us know that local authorities also have, for example, environmental health officers concerned with health and safety in their area. They have powers of entry and they are not specially mentioned.

I understand and value the real willingness of the noble Lord, Lord Marlesford, to compromise, but reference to the Home Office to tidy things up before Third Reading does seem to have some merit. From what I know of trading standards officers—and I know them quite well—I have no doubt that they have been assiduous in discussing matters with the noble Lord. However, that does not necessarily suggest that they ought to be picked and others, thereby, just as obviously left out. I welcome what the noble Lord is doing but would not wish to support him in any vote that we might have today on the unamended, or not fully amended, version of what he has concerned himself with.

[Lord Butler of Brockwell]

Before the noble Lord sits down, could he give the House an example of a situation in which a trading standards officer would need to enter premises without a warrant?

[Lord Borrie]

One has to examine the word need. Trading standards officers are given powers by various statutes for the public benefit—usually consumer protection—and the benefit of other legitimate traders who are not engaging in what appears to be illegal conduct. The trading standards officer wants to examine that. He needs to do it to fulfil his duty.

The noble and learned Lord, Lord Scott of Foscote, has suggested that because magistrates are available literally night and day in order to get warrants when needed, there is no problem. However, the trading standards officer still has to prove something. No magistrate worth his salt is going to accept what a public official says without question in all circumstances. Therefore the amendment that the noble Lord, Lord Marlesford, seeks to introduce is good for trading standards. It might also be good for other equally legitimate work done by other public officials.