Thank you. The amendments in this group would require the Welsh Ministers to issue guidance for enforcement authorities on exercising the powers of entry and inspection across the Bill. The guidance would cover how to ensure compliance with convention rights in respect of premises that are used wholly or mainly as a dwelling. This issue has been discussed by the Constitutional and Legislative Affairs Committee earlier in the scrutiny process for the Bill, and I have engaged in correspondence with the committee on this specific point.

In considering the amendments, my starting point has been that I fully agree that compliance with human rights obligations is of paramount importance. I therefore have no disagreement with the intention underpinning the amendments, and I appreciate David Melding’s strong views on this. However, as I recently outlined in correspondence to the committee, my view remains that specific amendments that refer to compliance with human rights obligations on the face of the Bill are unnecessary. Importantly, they also risk unintentionally causing confusion as similar provisions are not included in other legislation. I note David Melding’s rather sarcastic questioning of this principle, but it does remain my view.

I have reached this conclusion for a number of reasons. Firstly, public authorities are already subject to an overarching statutory duty under section 6 of the Human Rights Act 1998 to act compatibly with convention rights in the performance of their functions. Public authorities such as the police and local authorities are already very familiar with the requirements, and should act accordingly. Secondly, appropriate consideration has already been given to this issue on the face of the Bill. A series of specific restraints and safeguards have been included in the Bill in relation to how powers of entry and inspection are to be exercised by authorised officers. For example, authorised officers cannot enter premises by force unless they have a signed warrant from a justice of the peace, and such a warrant is only valid for a limited period of time. These safeguards were further strengthened at Stage 2 when amendments were agreed that provide additional protection for home owners. These help ensure that powers of entry are exercised in a proportionate and appropriate manner, which is particularly important when considering private dwellings. For example, where the occupier of a premises is present when a warrant is being executed, the Bill provides that the authorised officer would need to provide their name, documentary evidence that they are an authorised officer, and supply the occupier with a copy of the warrant.

I believe that such specific, practical safeguards provide a better way of protecting individual rights than the approach suggested by these amendments. They also demonstrate the detailed thought and work that takes place in respect of human rights considerations, and how seriously the Welsh Government takes these issues. I would also emphasise that public authorities will be the enforcement authorities under this Bill. This means that only organisations that are already bound by and well versed in compliance with human rights obligations will be the enforcement authorities, again helping to ensure that the powers are used appropriately.

There is already well-established guidance in place under the code of practice for the exercise by police of statutory powers of entry, search and seizure, known as PACE Code B, which sufficiently covers this issue. This applies both to the police and local authority officers when investigating offences, and places clear emphasis on acting in accordance with the Human Rights Act 1998. If separate guidance were to be produced for this Bill, there would be a significant risk of unintentionally causing confusion, and of casting doubt on the overall coherence of the existing legislative framework that is already well embedded across Wales. For these reasons, I am unable to support the amendments in this group.