Police (Detention and Bail) Bill

Debate between Lord Coaker and Nigel Mills

Thursday 7th July 2011 Commons Chamber

[Nigel Mills (Amber Valley) (Con)]

One of my concerns is that the decision might mean that the rule was ineffective going back 25 years and that a collection of people who believe that they were wrongly treated during that period might bring claims for compensation. There is some detail about that in the explanatory note and my reading of the clause is that the retrospective effect rules out any such potential issue. Does the hon. Gentleman agree with that and welcome it?

[Vernon Coaker]

I think so, but we are in Committee and I would need the detail in order to understand what legal advice the Government have had about retrospective effect before I could properly answer the hon. Gentleman. I thought that either the Minister or the Home Secretary had said that all this will apply only as far back as 19 May, when the initial judgment was made. I seek to clarify whether it is possible to apply such provision to cases from the past 25 years. There will be a legal opinion on that and I suppose it will be either one thing or the other.

I have only a few brief points to make, because of course we all agree with the Bill. Clearly, we all want the Bill to become law as soon as possible and certainly before Parliament goes into recess. In answer to the very important question about Royal Assent, the Minister said that the Government aim for the Bill to become law on completion of its passage through the House of Lords, which is on Tuesday. Will he confirm that what he actually means is that Royal Assent will be given at the end of that day? Are the Government aiming for that, or will it definitely be given then? We all want absolute and firm assurance on that, because every Member of the House supports the Bill and will want to know, 100%, that Royal Assent will definitely be in place before the House rises for the summer recess. Of course, that is assuming that the Bill is passed by both Houses.

With those few brief comments and detailed points I will sit down and wait for the Minister’s response or to hear what other Members have to say.

[Nigel Mills]

It is a pleasure to serve under your chairmanship, Mr Evans. I should like simply to expand a little further on the point I made in my intervention on the hon. Member for Gedling (Vernon Coaker) about the potential for retrospective effect. We have seen, in relation to other issues earlier this year, how concerned the public are about any possibility of compensation being paid to people who are guilty of offences and are, perhaps, now being denied their right to vote. I expect the public would be incredibly concerned if people who have been through what was thought to be due legal process now had some chance of compensation, no matter how little, because that process, despite having been believed by everyone to be right, might have been ruled technically out of order by one judge in a verdict with which no one seems to agree. I accept the fact that, as is made clear in the explanatory notes, making the Bill’s provisions retrospective, right back to 1984, is an attempt to address that.

My concern is that to some extent we are in this mess because Parliament was not clear enough about its intentions when it passed the 1984 Act. It would be helpful if Parliament was entirely clear about what we mean when we give retrospective effect and if the Minister made explicit the intention, as set out in the explanatory notes, that these powers will be restored to what we all understood them to be for 25 years so that the courts will not allow any compensation claims. The explanatory notes are clear that that is what the Bill is attempting to do.

To try to clarify the point that the hon. Member for Gedling made, if he looks at page 9 of the explanatory notes, he will see that paragraph 36(c) states:

“Unless the Bill is given retrospective effect, it is possible that a very large number of people could bring claims for damages for detention occurring before the judgment, even though that detention was in accordance with what was honestly thought to be a long-understood legal position.”

There could be a huge number of claims and a large amount of money at stake, and it would be very generous to think that some claims-handling firms would not go around trying to find people to make those claims and test the process.

I want to ask the Minister two questions. First, will he make it absolutely clear that the Government’s view, and Parliament’s intention, is that no compensation would be due? Secondly, will he address the point about whether it would be wise to add a separate subsection to the Bill that makes that absolutely explicit so that if and when such claims are brought there is no doubt that our intention is that no compensation should be due?