Protection of Freedoms Bill

Baroness Randerson Excerpts

Thursday 15th December 2011 Grand Committee

[Lord Henley]

I am grateful to my noble friend for that explanation. I could not accept his code of conduct, but he will see what we have set out in Clauses 47, 48, 49, 50, 51 and even down to Clause 53 which sets out a corresponding code in relation to Welsh devolved powers of entry. It might be that my noble friend wants to have further discussions about that. However, what we have set out in terms of being able to alter or replace the code should be sufficiently wide and able to deal with difficult matters such as a code of conduct in relation either to animals or to other matters. On glancing through my noble friend’s code, I thought that it was what might be described as over-prescriptive. It is better to leave it to the route that we are setting out in the Bill.

[Baroness Randerson]

Perhaps I may point out that the Northern Ireland Assembly, the Scottish Parliament and the Welsh Assembly are busily creating their own powers of entry. Once this Bill is passed, as I hope very much it will be, the safeguards in it will apply to the powers of entry under UK legislation but not to legislation passed by the devolved Administrations. Have there been any discussions with the devolved Administrations about applying the same standards to their legislation?

[Lord Henley]

One of the joys of devolution is that it allows different parts of the United Kingdom to do different things. One might or might not approve of the different things they do, and they might create tensions in certain border areas. It will entirely depend on what powers each of the three devolved countries have as to what they do. Obviously we will continue to discuss matters with colleagues, as we do on all matters that go across borders. However, in the end it has to be a matter for them. It might be that differences will appear in due course, but once you have let the genie out of the bottle, that is what happens.