Sex Offenders Register

Tom Brake Excerpts

Wednesday 16th February 2011 Commons Chamber

[Mrs May]

The right hon. Gentleman makes a point about the application of the Human Rights Act and the European convention on human rights and about Parliament having the final decision about what should happen. In this case, Parliament will have the final decision on what happens.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the Home Secretary agree that the right to respect for private life must not trump the safety of our children? Given the impossibility of tackling some offending behaviour of a sexual nature, even if reviews of notification requirements are granted, presumably she expects that those reviews will insist that the notification requirements are maintained. Is it also her understanding that the police decision could be subject to judicial review?

[Mrs May]

I thank my hon. Friend for his comments about the balance of rights. It is the case, I believe, that the police decision could be subject to judicial review. It is absolutely right that the police will look at all aspects of cases and take every consideration into account when deciding whether a review should be upheld such that the individual no longer remains on the register. I cannot second-guess any decisions that the police will take, but they will be making every effort to ensure that they are, absolutely, looking properly at these cases to ensure that the decisions they take enable them to maintain public protection.