|
New clause 38
Courts-martial etc
'Schedule (Unfitness to stand trial and insanity: courts-martial etc) (unfitness to stand trial and insanity: courts-martial etc) has effect.'.—[Paul Goggins.]
Brought up, read the First and Second time, and added to the Bill.
New clause 42
Powers of authorised officers executing warrants
'(1) After section 125B of the Magistrates' Courts Act 1980 (c.43) insert—
''125BA Powers of persons authorised under section 125A or 125B
Schedule 4A to this Act, which confers powers on persons authorised under section 125A or 125B for the purpose of executing warrants for the enforcement of fines and other orders, shall have effect.''
(2) After Schedule 4 to that Act insert the Schedule set out in Schedule (Powers of authorised officers executing warrants) to this Act.'.—[Mr. Leslie.]
Brought up, and read the First time.
The Parliamentary Under-Secretary of State for Constitutional Affairs (Mr. Christopher Leslie): I beg to move, That the clause be read a Second time.
The Chairman: With this it will be convenient to discuss the following:
Government new clause 43—Disclosure orders for purpose of executing warrants.
Government new clause 44—Procedure on breach of community penalty etc.
Government new schedule 2—Powers of authorised officers executing warrants.
Government new schedule 3—Procedure on breach of community penalty etc.
Government amendments Nos. 125 and 126.
10.30 am
Mr. Leslie: I regret that it was not possible to table these amendments and new clauses earlier. In the event, we have had longer—about a week—to consider the details. The reason why they were delayed was that we saw an opportunity to make what I regard as vital changes to the law. As I explain the nature and contents of the amendments, I hope that it will become clear that they are an important addition to the arsenal available to the court to ensure that sentences for criminal offences are enforced correctly. That is their primary purpose. In ensuring the effectiveness of the criminal justice system, it is the Government's top priority to make greater use of fines and to enforce those fines once they are imposed.
Significant progress is being made in improving the enforcement regimes, but some individuals clearly remain who will persistently try to evade the system and default a court sentence. We need to ensure that we are capable of effective enforcement at all times. I would like to emphasise that the amendments will not apply to bailiffs working for the civil court.
Lady Hermon (North Down) (UUP): Will the Minister explain why the Irish Government are
Column Number: 359
prepared to pay the fines of Irish nationals serving jail sentences in Columbia? Have the British Government made any approaches to the Irish Government in respect of the fines of Irish nationals who commit offences and do not pay their fines in this country?
Mr. Leslie: I do not have a ready answer for that question, not least because we are not talking about those jurisdictions now. Perhaps it will be useful if I speak to my colleagues in the Northern Ireland Office to see whether they have any thoughts or comments about that issue. We are talking today about the enforcement of criminal penalties imposed in courts in England and Wales, and it is important that we focus on that.
New clause 42 would bring into effect the proposed new schedule 4A, which would give civilian enforcement officers and approved enforcement agencies the additional powers that they need to help to improve the enforcement of fines and community penalty breach warrants. New schedule 2 would provide the civilian enforcement officers and approved enforcement agencies, which are employed by magistrates courts, with several new powers to help them enforce fines and penalties.
First, the amendments give enforcement officers engaged by the magistrates courts the power to enter premises to execute a warrant of arrest, commitment, detention or distress where the officer has a reasonable suspicion that the offender who is a subject of warrant is present. Secondly, they give the persons engaged by the court the power to search offenders for dangerous articles such as hypodermic needles, knives and items that the offender may use to facilitate an escape from lawful custody. The provisions also give them the power to use reasonable force in exercising the other powers that are listed.
Lady Hermon: Will the Minister explain what training the new civilian enforcement officers will have on human rights obligations and PACE?
Mr. Leslie: I shall deal with some of those issues in a moment.
In many cases, enforcement officers have been working with the police for some time to ensure that they have the opportunity to enforce warrants, but the police have been engaged in some of the more difficult operations. We want to ensure that our training arrangements for enforcement officers cover all the new powers that we make available to them. However, it is also important to recognise the professionalism that already exists in the enforcement profession and the fact that those staff are sometimes frustrated that they may be under threat, but are currently unable to adequately able to cope with the situation, because they have no powers of search.
There are currently no powers to enter premises to enforce warrants. One result is that is that only about 30 per cent. of distress warrants and 36 per cent. of community penalty breach warrants are executed successfully. The provisions will allow civilian enforcement officers and agencies to enforce warrants more effectively by allowing them to execute warrants against offenders who refuse to
Column Number: 360
open their doors when it is clear to the authorised officer that they are present.
Civilian enforcement officers frequently take offenders into custody and transport them to court, but they have no powers to search offenders for articles that may cause themselves or others harm, or that help them to escape from lawful custody, even if they believe that an offender has such items. Enforcement officers often find dangerous items discarded in their vehicles or hidden in places that could cause harm. I have spoken to enforcement officers who have found hypodermic needles hidden between car seats, yet they are using their vehicles regularly to take persons to and from court. That presents obvious health and safety concerns for those officers and other offenders who may use be using the same vehicles.
The powers will provide enforcement officers with much-needed health and safety protection in carrying out their duties. In parallel, it is important that we develop a training programme for staff and make sure that they are given sufficient guidance in respect of their employment arrangements. That is critical to the enforcement process and the use of these primary legislative powers.
The powers are necessary not only to minimise risk to the offender, but to ensure that fines can be enforced effectively. The legal advice that I have received is that the new powers are already available to police officers executing warrants of arrest and commitment under the Police and Criminal Evidence Act 1984. The extension of the powers to civil enforcement officers and approved enforcement agencies will therefore not give rise to any questions of compatibility with the European convention on human rights.
Mr. Heath: The hon. Gentleman is describing the measures as vital and urgent. If they are so vital and urgent, why were they not included in either the Courts Act 2003 or the Criminal Justice Act 2003, which we discussed only nine months ago and which covered this ground? How have circumstances changed since then to make the measures vital and urgent now, although they were not nine months ago?
Mr. Leslie: It may well have been that the measures were urgent nine months ago. I have had my current portfolio for about 12 months, and it became clear to me in the course of conversations with enforcement officers across the country that they would appreciate some clarity about their powers. They will appreciate the assurance that they have the scope to deal with circumstances such as the finding of dangerous articles on the person whom they are charged with arresting and taking into custody. I recommend to any hon. Member that they speak to their magistrates court committee and see at first hand the job that enforcement officers have to do. It is a very difficult job that is sometimes undertaken in very difficult circumstances.
I have been with officers on the doorstep and accompanied them in the course of their job, and I was astonished that they did not have some of these powers. I felt that it was important to make sure that
Column Number: 361
we introduced them into legislation at the next available opportunity, which was this Bill.
Lady Hermon: As civilian enforcement officers will have increased police powers, can the Minister say whether, if such an officer happens to get something wrong when detaining someone or entering a house, a complaint will lie against them and go to the Independent Police Complaints Commission?
Mr. Leslie: Clearly, the current complaints process involves the court itself. Magistrates courts have arrangements for complainants and those brought into custody so that they may hear complaints about the operation of enforcement officers. Such officers are responsible to the court, so complaints go to the courts. Perhaps it would be of interest to the hon. Lady and to other Committee members if I sent out details of the current complaints process for court enforcement staff. However, we do not propose to change the current arrangements.
Mr. Grieve: The Minister said that he does not intend to change the complaints procedure, but we are greatly widening the powers given to court enforcement officers. Is he satisfied that the current complaints procedure is adequate, given the sort of complaints that might be made in view of the extension of powers?
| 
