3 November 2014: Lord Faulkner of Worcester (Lab):

My Lords, in moving Amendment 53A, which is in my name and the names of the noble Lords, Lord Ramsbotham, Lord Bradshaw and Lord Jenkin of Roding, who I am delighted to see in his place at this late hour, I shall speak also to the other amendments in this group, which were tabled by the Minister and by the same group of four of us.

I start by expressing my very genuine thanks to the Minister for listening so closely to the arguments which were put forward in Grand Committee and for accepting the principle that the Infrastructure Bill is an appropriate vehicle to put right the anomalies surrounding the jurisdiction and powers of the British Transport Police. That is why I was happy to add my name to her Amendment 53. I shall not repeat the arguments that I made in Committee on 8 July, not least because the Minister has accepted many of those points.

However, there remains the one unresolved issue, to which the Minister referred, and that concerns Section 100(3)(b) of the Anti-terrorism, Crime and Security Act 2001. The Minister said that she wants to keep that in being and the purpose of our amendment is to take it out. In effect, subsection (3)(b) states that when a BTP officer is off-jurisdiction he or she has to decide whether to act and use the power of arrest. That involves a judgment call—indeed, the Minister used those words.

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