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Policing and Crime Bill

I am grateful that the Government want to consult; that is always sensible, but perhaps I may deal with a couple of points. The noble Lord, Lord Skelmersdale, raised an important question as to whether treating the police differently from ordinary citizens would create a lack of equality before the law. That was the fallacy, if I may say so, in cases such as Malone, where English courts said that the police can tap our telephones just as an ordinary private person can tap our telephones: they are entitled to full equality of treatment, like any other person and there should be no distinction drawn between them. The fallacy is that, of course, the police are not like an ordinary private person—they are public officers of the state, with special powers and special duties. The European Court of Human Rights held that the tapping of telephones by the police—not by private persons, but by the police—had to be regulated by statute and could not be treated as though it were ordinary conduct by private persons. That is fundamental to any constitutional system of government: the agents of the state have special powers and special duties. The second point is that, although the Government may wish to consult, if I am right there is a mismatch between the way that that operates at the moment and the obligations under the human rights convention. Therefore, unfortunately, there will be continuing exposure to the possibility of further humiliation in Strasbourg or by our courts if the point is not addressed. The point about the off-duty constable is very important. Of course, if the constable is not on duty, he is in the same position as a private person. We are discussing the situation where public powers are being used by a public officer on duty. That takes advantage of a loophole sensibly introduced by the noble Lord, Lord Hunt, for a totally different reason. As for the wording, if the Government want to tackle the problem, there is no problem in my agreeing any wording that they would like to produce something more elegant and workmanlike. This problem will not go away. If there is to be consultation, we should get a move on. Having said that, I beg leave to withdraw the amendment. Amendment 159G withdrawn.