Draft Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B, C, D and H and New Code I) Order 2023

Alex Norris Excerpts

Thursday 30th November 2023 General Committees

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to serve under your chairship, Mr Davies. As we heard from the Minister, the order concerns numerous changes to the codes of practice contained in PACE. We accept that these changes are required as a result of the passage of the National Security Act and the Public Order Act. In a similar vein to the comment about welcome words in debates, I can say that those measures were debated at great length and I do not intend to rehearse or rehash those arguments. I put on record my gratitude to the Minister for his correspondence ahead of this Committee sitting and for being clear about what the Government are and are not doing with the statutory instrument. That was much appreciated.

I will just highlight a couple of the changes compelled by the National Security Act. On code A, the most notable changes relate to and govern searches of individuals subject to a state threats prevention and investigation measures notice and the exempting of police officers from having to provide their names in inquiries relating to national security. The Opposition of course support those very sensible provisions.

On code B, the changes reflect the search-and-seizure powers in schedule 2 to the National Security Act. Again, during the passage of that Act, we broadly supported these measures, and we continue to do so. On code C, there is a clarification that individuals arrested under section 27 of the National Security Act will be subject to the new code I, rather than code C. That also is the case in code D. I will cover code I at the end, because that is probably the bit that is of interest, but again we support the approach being taken there. On code H, I associate myself with the Minister’s comments about the independent reviewer. We, too, are grateful for the work that has been done there. We think the Government have taken a sensible approach in implementing those recommendations.

As I said, I think the action and the interest, perhaps, are in code I. First, under section 27 of the National Security Act, a constable can

“arrest without a warrant anyone who the constable…suspects is, or has been, involved in foreign power threat activity.”

This code will govern the detention, treatment and questioning of individuals arrested under that power. Again, we recognise and agree on the importance of granting law enforcement officers such powers and we welcome the changes. We think that this gives the police a good window in which to work in order to undertake the investigations needed to confirm whether an act of espionage or sabotage has been committed. It also gives the public some confidence that there is a regime that governs this process and that there is a power that provides control, oversight and accountability, which strikes the right balance between individual liberty and collective security. That covers the elements relating to the National Security Act.

There are changes in code A relating to the suspicionless stop-and-search powers introduced by the Public Order Act. Again, that is possibly where there will be greater interest. Stop and search has been debated significantly in this place, not least in the discussion of that Act. We have made clear our concerns on the record, so I will not recommence that debate. We are concerned about disproportionalities and about the impact on public trust. However, that is an ongoing conversation that I know the Minister and I will engage in, because it is really at the heart of public confidence in policing.

The Minister made a welcome statement at the beginning about the consultation that the Government have undertaken. Can he tell us a bit about what was said in relation to stop-and-search powers? I and my colleagues would be grateful for assurances about how that matter has been handled with the appropriate sensitivity.

I will bring my remarks to a close. We do not intend to oppose the measures. We have had primary legislation; we have had our chance to discuss them. It is now vital that our hard-working police officers have clear guidance on the powers, so that they can be used fairly and proportionately.