Prisons (Property) Bill

John Bercow Excerpts

Friday 30th November 2012 Commons Chamber

[Philip Davies (Shipley) (Con)]

I beg to move amendment 2, page 1, line 9, leave out ‘,’ and insert

‘or any other location that the prisoner attends while in custody,’.

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment 3, line 16, after ‘prison’, insert ‘or prison officer’.

Amendment 4, line 23, at end insert—

‘(d) for any unauthorised or unlawful purpose.’.

Amendment 5, page 2, line 9, at end insert

‘recycling it or donating it to any charity.’.

Amendment 6, line 12, leave out from ‘force’ to end of line 14 and insert

‘and which is held by the prison on that date;’.

Amendment 7, line 15 , leave out paragraph (b).

Amendment 8, line 17, leave out from second ‘article’ to end of line 20 and insert

‘covered by this Act if it had been in force at the time the items were seized.’.

Amendment 9, line 20, at end insert—

‘(1A) The power under subsection (1) shall not be exercisable in relation to anything which might contain or constitute evidence of a criminal offence.’.

[Philip Davies]

This is a rare situation for me. We have come to the second private Member’s Bill of the day, both of which I wholeheartedly support—an unusual occurrence for a Friday. I find myself in a slightly uncomfortable situation in that regard. I have tabled the amendments not to bury the Bill, but to try to improve it. It is already an excellent Bill, but it could be further strengthened. I hope to persuade my hon. Friend the Member for Pudsey (Stuart Andrew), whom I congratulate on getting the Bill to this stage, that my amendments would enhance his Bill, and I will give it my best shot.

I begin by congratulating you, Mr Speaker, on not selecting my first amendment. It is what is known, I believe, as a consequential amendment, and it suggested leaving out the word “or” and inserting a comma instead. The House would probably not have wanted to have had a Division on such a lead amendment, so I congratulate you on not indulging the House with it. The other amendments are well worthy of at least consideration.

On the disposal of unauthorised or unattributable property, clause 1 states:

“an article found inside the prison or in a prisoner escort vehicle”.

Amendment 2 suggests an addition to include:

“any other location that the prisoner attends while in custody,”

Obviously, the Bill covers the prison and prison escort vehicles—that is perfectly reasonable. I am concerned, however, about all the other places prisoners might find themselves while in custody. It would be bizarre if something was not covered because of a technicality—because the prisoner did not happen to be in prison or a prisoner escort vehicle at the time.