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Cluster Munitions (Prohibitions) Bill [HL]

My Lords, I thank the noble Lord and will make every effort to offer the clarification that he requests. Amendment 3 seeks to strengthen the test in Clause 16 for issuing a warrant authorising entry into a premises where there are prohibited munitions. I do not believe that that is necessary, as the current provisions sufficiently provide for such a safeguard. As subsections (3) and (4) of Clause 16 stand, before issuing a warrant authorising a person to enter premises and destroy prohibited munitions, the Justice of the Peace must be satisfied on the basis of information and evidence given on oath that the appropriate conditions for doing so are satisfied. These conditions are established in subsection (3) and comprise a prior warning notice being affixed to the relevant property and the Secretary of State’s decision being obtained. At Second Reading, the noble Lord, Lord Howell, expressed concern about granting more powers to enter people’s homes. I assure him that in drafting the Bill much thought was put into ensuring that individual’s rights were protected. To that effect, the Bill contains various safeguards—that is the important point—to ensure the most appropriate use of these powers. For instance, entry under a warrant must be effected within one month of the date of issue and there can be entry on only one occasion, and entry other than under a warrant is limited to premises that the public can access or to premises that are occupied by a person who consents to the entry. In addition, whether entry is under a warrant or under an authorisation granted by the Secretary of State, the requirements in Clause 27 will still apply. These provide that evidence must be produced by the person authorised to enter the premises of their identity; that a copy of the warrant must be produced and given to the occupier; that entry must be at a reasonable time; and that unoccupied premises must be left as secure as they were found. I would also note that a memorandum on the Bill was submitted to the Joint Committee on Human Rights. It included detailed analysis of the Bill’s powers of search and entry. I am happy to say that the committee is fully satisfied that the Bill does not give rise to any human rights issues. On the basis of the assurances that I have given today, I hope that the noble Lord will withdraw his amendment.