My hon. Friend makes his point extremely well. I know he has been very proud to witness the growth of that new major port facility in his constituency. The emergence of that port further strengthens the role of the Thames and the estuary in our port infrastructure and the ports in my constituency are looking forward to its becoming functional. They do not view it as competition but think that it will strengthen the maritime sector overall. The interesting thing about my hon. Friend’s comparison with aviation is that a lot of heat has been generated about aviation capacity and, as we have said, the maritime industry tends to be neglected by politicians. Sometimes that is a good thing, but when the Mayor of London makes noise about the availability of the Thames estuary as a potential airport location, he has not thought about its impact on the maritime sector. I hope that the Minister and his colleagues in the Department for Transport will consider fully the impact on the shipping and maritime industries of their considerations about airport capacity in the south-east.
I want to focus on clause 7 and the provisions on port police. I draw the House’s attention to the Register of Members’ Financial Interests, which records that I am an unpaid adviser to the Port of Tilbury police in my constituency. Six port police forces serve the ports of Dover, Felixstowe, Bristol, Liverpool, Tees and Hartlepool and, last but not least, Tilbury. The Port of Tilbury police are the second oldest police force in the country. It is the heir to the Port of London Authority police force, which followed on from the Thames River police force, which was ultimately merged with the Metropolitan police. We are proud of our historic role in the development of policing in this country.
The point is that when we talk about port police, we are not talking about something separate from the established police forces that people recognise; we are talking about police constables and their powers. That is why clause 7, which will extend the jurisdiction of port police officers, is so important.
As I mentioned, the need for a change to legislation was identified back in 2008, so for me, the clause is extremely belated, and I am grateful to my hon. Friend the Member for South East Cornwall for including it in her Bill, particularly as the Bill contains a number of provisions; it is ambitious, and it is a tribute to her that she has included so many measures in it.
I am sure that many Members will be surprised to learn that there are separate port police forces. Perhaps it is worth reminding the House, and acknowledging, that there are a number of non-Home Office police forces in the UK. The most well known are probably the Ministry of Defence police and the British Transport police. The role of port police forces is to undertake policing activities in port areas. My local port police force in Tilbury polices an area the same size as the City of London. Those Members who have not been to a port may not realise that ports are big communities in themselves and do need a police function. Port police forces are funded entirely by the ports that they serve; they take no resource from the taxpayer.
The six ports with police forces account for more than 40% of the UK’s non-oil traffic, which means that those police forces are the guardians of millions of pounds-worth of traded goods every year. I mentioned that their responsibility is to police the port area. It is worth saying a little bit about exactly what kind of activity that involves. In the public’s mind, the presence of police in a port would tend to be associated with concerns such as drug smuggling, anti-terrorism and immigration control. Those matters are the responsibility of the UK Border Agency, Her Majesty’s Revenue and Customs and special branch, but the port police work in constructive collaboration with those agencies. That is additional support for Government activities—at, I emphasise again, no cost to the taxpayer. Although these constables are privately funded, they enjoy exactly the same rights, responsibilities and roles as any normal constable. They owe allegiance in a personal capacity to the Crown, and they are sworn in by local magistrates.
Clause 7 extends the jurisdiction of port police constables beyond the existing limit of one mile outside the port area. That one-mile jurisdiction is enshrined in the Harbours, Docks, and Piers Clauses Act 1847. I am sure that all Members of the House will recognise that our docks were very different places then. They were places of intensive employment, and faced lots of labour issues, more than anything else. Also, the goods coming into the docks would have been a lot less technical and valuable. The pattern of policing has therefore changed. The fact that there is less employment in ports means that crimes tend to be a lot more sophisticated. The suggestion that the crimes and activities that forces will be involved in can be kept within the realms of the port is an historical anachronism.
Looking at what else has happened in the more than 150 years since the 1847 Act, obviously, there have been changes in patterns regarding holding prisoners in custody
and the provision of courts. The reality is that when port police officers are prosecuting offenders for crimes in the normal way, through the Crown Prosecution Service and the courts, most of them have to attend courts beyond that one-mile jurisdiction, and by definition, they then do not have their powers as constable while they are in court. It is a bit dangerous to highlight that issue, but the situation needs to be addressed. Having been the best kept secret, since 2008 the press in Dover have realised that the port police there often act beyond their jurisdiction. That fact is out there and needs to be dealt with. A matter addressed in the House can often be the best kept secret, so we can have a frank debate about it.
Port police officers have to travel all over England and Wales to attend courts, but do not have the powers of a constable when they do so. On occasion, officers have attended court, have been directed by judges to arrest people and have had to explain that they do not have the power to do so. It is important for public confidence that we deal with the issue. As port police officers travel outside their port in marked cars, they are a visible presence and the public expect those officers to act when something happens. For example, if they came across a scene of crime or disorder, the public would expect them to intervene. The public would expect them to intervene to stop drunk drivers. At present they cannot do so. We have been looking for an appropriate legislative vehicle to deal with this anomaly.