Wild Animals in Circuses (No. 2) Bill (Third sitting)

Debate between Sandy Martin and Alistair Carmichael

Wednesday 22nd May 2019 Public Bill Committees

[Mr Carmichael]

I do not wish to detain the Committee for any great time, but the point made by the hon. Member for Ipswich about the power of police constables in relation to the exercise of search and seizure options is substantial and deserves the Committee’s attention. I come at it from the point of view of someone who, many years ago, made a living in the criminal courts as a solicitor, having worked as a procurator fiscal depute in Scotland and later as a defence solicitor.

I am aware of the presence of the right hon. and learned Member for North East Hertfordshire, who is a much more eminent source and should be taken much more seriously than me on these matters, but there is a small advantage from never having achieved such eminence: one perhaps has a better and fuller understanding of how things work at the sharp end and the practicalities of these matters. I am influenced in my thinking in particular by my experience working as a prosecutor, where the overwhelming number of reports we received—well in excess of 95%, I would guess—came from the police. However, there was always a small number from other reporting agencies including the Health and Safety Executive, the RSPCA—occasionally—the television licensing authority and the British Transport police.

It is fair to say that the approach taken by the other reporting agencies was not always as focused on a proper understanding of the laws of evidence as that evident from police reports. I say that gently, and not in any way to criticise those other bodies, because they all existed principally for other purposes. People do not become RSPCA inspectors or health and safety inspectors to gather evidence for prosecutions; people generally become RSPCA inspectors because they care about the welfare of animals, so that other focus is secondary.

To put it bluntly, people often do not understand the full legal significance of the way in which they go about their business. For that reason, there is substantial merit in giving police constables powers under the Bill. It is not necessarily desirable to leave it to the choice of the inspector to take along a police constable as one of the two other people they may take with them. If police constables are to be brought into inspections on a multi-agency basis, they should be there in their own right, able to exercise their own professional judgment as police officers and gatherers and observers of evidence, not simply as a bit of muscle behind the inspectors who have powers under the Bill.

The right hon. and learned Member for North East Hertfordshire points out, quite fairly, that anybody who is with an inspector has the powers of an inspector, but that is to be exercised under the direction of the inspectors, so in effect the only way in which a police constable can exercise the powers of an inspector is if they do so at the instruction of an inspector.

As a procurator fiscal depute, it was part of my job—because that is how the criminal justice system works in Scotland—occasionally to direct the police in an investigation. One always did that with extreme care and humility, because the police are exceptionally professional, but I, as a professional prosecutor, had a good understanding of the laws of evidence and that was how I was able to do it.

I just venture to suggest that an inspector given powers by the Department for Environment, Food and Rural Affairs under this schedule would not necessarily have the necessary background and understanding of the laws of evidence and procedure, and that ultimately, if things went wrong procedurally, we would not see successful prosecutions, which should be the outcome of a criminal offence.

I do not ask the Committee today to reject the schedule being agreed to as the schedule to the Bill, but I will say to the Minister that this is a serious matter requiring further consideration and that he should, if he can, undertake to give it that consideration. Otherwise, the House will, I think, want to revisit the matter on Report. Failing that, it will be, I suspect, given more rigorous and learned scrutiny in the other place.

[Sandy Martin]

Following the right hon. Gentleman’s statement, which I largely concur with, I think that I ought briefly to make clear my view on this matter. We have a society in which people expect the rule of law to be maintained by the police. At the moment, the police face all sorts of problems, not least the lack of resources and of police officers. However, I think that most normal people in this country would expect that if any law were being broken, a police officer would be able to enforce that law, whether or not they had been invited in by somebody from DEFRA. I urge the Minister to think again about why it should be necessary for an inspector from DEFRA—an appointed inspector—to invite a police officer along with them before that police officer can uphold the law.