Police (Detention and Bail) Bill

Debate between Lord Herbert of South Downs and Frank Dobson

Thursday 7th July 2011 Commons Chamber

[Frank Dobson]

rose—

[Nick Herbert]

I will give way to the right hon. Gentleman very briefly.

[Frank Dobson]

Does the Minister not accept that if we are to have a rational, evidence-based debate about the possible increase in protracted bail periods, it will be necessary for the Home Office actually to collect some data? Otherwise we shall all be just talking.

[Nick Herbert]

I am all in favour of evidence-based policy, but I think that rather than its merely being asserted that there is a problem, such a problem, if it exists, must be properly presented and, of course, backed up with data.

Secondly, the hon. Member for Birmingham, Selly Oak (Steve McCabe) suggested that the Bill should include a sunset clause. The Government disagree. A sunset clause would create further uncertainty, which is exactly what the police do not want. We do not want it either. This is a straightforward piece of legislation that restores the previous position. We also believe that the retrospective action that is being taken is necessary, because if it were not taken, hundreds of thousands of people would potentially have a claim for false imprisonment at any time over the past six years, which is the limitation period. Liberty has said:

“We do not believe that the proposals are retrospective in their nature as they do not seek retrospectively to create a criminal offence, sanction or other burden.”

This is a sensible piece of legislation which was designed to correct an unusual judgment and restore 25 years of legal practice, and I commend it to the House.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).