Marine and Coastal Access Bill [HL]

My Lords, I will not detain the House. This is a simple amendment, the effect of which would be to delete "justice of the peace" from the list of those who can give warrants to enforcement officers under Chapter 2 of Part 8 of the Bill in respect of warrants issued in Scotland. Chapter 2 of Part 8 sets out various powers: powers to board and inspect vessels and marine installations; to enter and inspect premises; and to enter and inspect vehicles. However, it has an important further provision in Clause 239, that an enforcement officer may not, by virtue of the powers to which I have just referred, enter any dwelling place unless a justice has issued a warrant authorising the officer to do so. In Scotland, "justice" is defined as a sheriff, a stipendiary magistrate or a justice of the peace. Given the importance of a warrant to enter a dwelling house, and the fact that in issues like that nowadays rights under Article 8 of the European Convention on Human Rights can be an issue, there is a view that this should be done by a sheriff or stipendiary magistrate. Anticipating the Minister’s response to this, I am sure that he will point out that, in England and Wales, "justice" means a justice of the peace and, in Northern Ireland, a lay magistrate, and then ask why Scotland should be different. I merely note that the origin of this amendment was the concern expressed by the Law Society of Scotland. That should give the Minister some cause for reflection. He should have regard to the fact that that body, with intimate knowledge of the working of Scots law, expresses that concern. I also note that Schedule 17, relating to warrants issued under Section 239, states in paragraph 2(2) that: ""An application for a warrant must be made without notice and must be supported by an information in writing or, in Scotland, evidence on oath"." The Bill itself makes different provision for Scotland in terms of application for a warrant from other parts of the United Kingdom. The Bill itself therefore concedes that some distinction can be made, and I just seek a further distinction. I beg to move.