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Grave concern has been expressed at the news that Government and town hall inspectors now have over 1,000 powers which allow inspectors to enter people's homes and premises. Despite Gordon Brown's pledge to cut back these powers, a further 16 new laws are being pushed through Parliament which entrench or extend powers of entry. The Government has published a full list of the state powers of entry that are now in force. There are now a total of 1,043 state powers of entry, and some 430 new powers of entry have been created by Labour. A survey of state powers to enter people's homes by the independent think tank, the Centre for Policy Studies, previously suggested that there were just 266 powers of entry. It warned that due to the "proliferation and variety of entry powers" householders cannot now "realistically be aware" of their rights and legal obligations.
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Quoted in the Daily Mail,
Tory local government spokesman Caroline Spelman said: "Only Labour would think of taxing people for looking out of their own windows."
The Orwellian system puts every home into one of almost 100 "dwellinghouse codes".
They range from modest council flats to mansions, and take account of architectural styles and age.
See also: Daily Telegraph.
In 1696 the Government introduced the Window Tax - a property was taxed according to the number of windows it had. The tax, which was eventually repealed in 1851, was hugely unpopular.
To reduce their tax burden some would brick up their windows
- we can still see this legacy today on some of the architecture from the
period - and the origins of the term "Daylight Robbery" are thought to originate from this tax.
The council tax changes are in this shoddy tradition. The Government have been
secretive about the plans, refusing to answer questions on the Valuation Office Agency
classifications, which contain confusing phrases like: "a room with a lavatory and without a bath is classified as a bathroom."
You wouldn't have thought there were security implications in such domestic trivia but the Government isn't telling.
However, Freedom of Information requests indicate that of those homes logged by
Government inspectors so far, 183,000 homes have balconies,
780,000 have conservatories, 100,000 have a scenic view and 38,000 have an especially quiet road.
Read more from the Daily Mail.
Invading your home to see if your pot plants have plant pests or to check whether it has a so-called ‘plant passport’ (Plant Health England Order 2005).
Inspecting a property to see whether performing animals, such as dancing bears, are being trained or exhibited without a permit (Performing Animals Regulation Act 1925).
Surveying your home and garden to see if your hedge is too high (Anti-Social Behaviour Act 2003).
Inspecting a property to ensure illegal or unregulated hypnotism is not taking place (Hypnotism Act 1952).
Checking that accommodation being given to asylum seekers is not being occupied by people who are not asylum seekers (Immigration and Asylum Act 1999).
Carrying out inspections for the presence of rabbits (Pests Act 1954).
Raiding a house to check if unlicensed gambling is taking place (Gambling Act 2005 Inspection Provision of Information Regulations 2007).
Checking and seizing fridges which do not have the correct energy rating (Energy Information Household Refrigerators and Freezers Regulations 2004).
Allowing state-sponsored bailiffs to enter your home and seize goods, using reasonable force if necessary (Tribunal Courts and Enforcement Act 2007)
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In a speech last October, Gordon Brown pledged to curtail such laws with a new 'liberty test'. He pledged that any change to entry powers would be accompanied by new guidance on their use and on the rights of members of the public to stop their abuse. But 16 new laws are now before Parliament which extending the powers - without any such guidance. Conservatives are also warning that yet more intrusion is being actively planned by Labour. A cadre of council tax inspectors are being trained and an Orwellian computer database is being created for a council tax revaluation in England. Householders will be fined £500 for obstructing these inspectors. Day by day under Labour, the rights and liberties of law-abiding citizens across Bracknell Forest are being eroded. Their plans for ID Cards and 42 days detention are examples. There has been a huge surge in powers of entry under Labour, entrenching and extending the surveillance state. We need measures to tackle genuine crime and terrorism. But the abuse of surveillance powers by town halls in some parts of the country shows the real danger of 'function creep' by state bureaucrats. Conservatives will cut back these unnecessary powers of the state to enter homes, starting off with abolishing council tax inspectors' rights of entry and reining back in the nosey parker state. |
More empty words from Gordon Brown
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OnTuesday 15 July, the “operational policing” section
of the Home Office slipped out a new detailed survey of powers of
entry by state officials. There was no press release, no comment
and no fanfare.
http://police.homeoffice.gov.uk/operational-policing/powers-pace-codes/powers-of-entry-review/
It details 753 separate powers under primary legislation and 290
powers under secondary legislation for the state to enter homes
and businesses. The report was published under the auspices of
the Lord West review into these powers. The fact that it was such
low-key and effectively ‘buried’ suggests that the
report and review has now been downgraded by Gordon
Brown.
The Plant Health (England) Order 2005
Inspectors can enter your home to see if your pot plants have
plant pests, or if certain types of plants have been smuggled in
without a ‘plant passport’.
The Gambling Act 2005 (Inspection) (Provision of Information)
Regulations 2007
Inspectors can enter any premises if they think illegal(commercial) gambling is taking place.
The Energy Information (Household Refrigerators and Freezers)
Regulations 2004
Allows local authorities to inspect and seize fridges which don't have
the correct energy rating (although primarily aimed at
businesses, they could inspect your house or garage if they
thought you were selling unlabelled freezers out of
it).
Non Commercial Movement of Pet Animals (England) Regulations
2004
Rights to inspect pet dog, cat or ferrets. Doesn't apply to domestic
dwellings, but would include hotels and your personal
car.
Zoonoses monitoring (England) Regulations 2007
Can enter any property, including domestic dwellings, to inspect for zoonotic agents.
Anti-Social Behaviour Act 2003, section 74
Powers for the council to enter your home and garden to see if your hedge is too high.
Natural Environment & Rural Communities Act 2006, section 44
Powers of entry to see if possessing pesticides harmful to wildlife
Immigration and Asylum Act 1999
Can inspect accommodation provided to asylum seeks to ensure it is only being used by asylum seekers.
Tribunal Courts and Enforcement Act 2007
One of the most controversial - these new laws (currently in process of
being commenced) give a whole range of new powers for bailiffs to
enter your home and seize goods, including using reasonable
force.
Children and Young Persons Act 1933
Can enter any premises to ensure that persons under 16 are not residing in or frequenting a brothel.
Pests Act 1954
Powers to inspect for the presence of rabbits and destroy them.
Trading with the Enemy Act 1939
The Government can inspect you home if they think you are supplying goods or services or money to enemy forces.
Avian Influenza (Vaccination) England Regulations 2006
May enter premises to check birds have been vaccinated against bird flu.
Hypnotism Act 1952
Government may enter any premises if they think illegal or unregulated hypnotism is taking place.
Performing Animals (Regulation) Act 1925
Can enter any premises to ensure performing animals are not being trained or exhibited, or kept for training or exhibition, without
a proper licence.
In a speech on liberty in October 2007, Gordon Brown promised to
curtail the proliferation of different powers of entry. He
promised any change to powers of entry would be subject to a
‘liberty test’ and guidance on these
powers.
"There are a surprisingly high number - at
least 250 - of provisions granting power to enter homes and
premises without permission. This high number reflects how often
they are drawn very narrowly - not least because of our
traditional respect for liberty and privacy. I share the concerns
about the need for additional protections for the liberties and
rights of the citizen. And I believe that one of the strongest
guarantees is a clear understanding of what these rights are and
that is more difficult with the very existence of hundreds of
laws."
"So the Home Secretary is working with the
Association of Chief Police Officers to examine, in the name of
clarity and the greatest possible protection for the individual,
the scope for bringing together all existing police powers of
entry into a single understandable code. But, besides the police,
many other public authorities covering areas like public health,
animal welfare, health and safety, and customs and excise, also
have powers of entry. So, alongside the review of police powers,
the Home Secretary will establish and coordinate a wider review
of all other powers of entry."
"But it is not
enough to clarify and subject these powers to the liberty test.
Any change should be and will be accompanied by guidance on how
these powers should be exercised and the rights members of the
public have to take action if those
expectations are not met. And we should consider whether we need
to do more to offer redress for the individual against any
disproportionate use of powers by the state.”
Gordon Brown, Speech at the University of Westminster, 25 October 2007. http://www.number-10.gov.uk/output/Page13630.asp
But answers to Parliamentary Questions have revealed that rather than
being curtailed and new guidance produced, Gordon Brown’s
Government is extending and entrenching these state powers (with
no guidance in sight).
Lord Marlesford asked Her Majesty's Government: Which Bills currently before Parliament contain provisions for,
or amendments to, powers of entry.
The Parliamentary
Under-Secretary of State, Home Office (Lord West of
Spithead): The information requested is set
out in the attached table. In addition the Climate Change Bill
and the Energy Bill include provisions to enable the Secretary of
State to create powers of entry under regulations. The draft
Cultural Property (Armed Conflict) Bill, which has been published
for parliamentary consideration, also contains provisions for,
but does not include any amendments to, powers of
entry.”
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Table of Government Bills |
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Government Bills before Parliament |
Contains power of entry |
Amends existing power of entry |
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Counter Terrorism Bill |
Yes |
No |
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Criminal Justice and Immigration Bill |
Yes |
No |
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Crossrail (Hybrid Bill) Bill |
Yes |
Yes |
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Education and Skills Bill |
Yes |
No |
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Health and Social Care Bill |
Yes |
Yes |
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Housing and Regeneration Bill |
Yes |
No |
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Human Fertilisation and Embryology Bill |
No |
Yes |
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Local Transport Bill |
No |
Yes |
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Pensions Bill |
No |
Yes |
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Planning Bill |
Yes |
No |
Lords Hansard, 6 February 2008, col. 192WA.
http://www.publications.parliament.uk/pa/ld200708/ldhansrd/text/80206w0003.htm#08020689000034
The Climate Change Bill allows for the ‘enforcement of liability’ for new bin taxes (including the use of bailiffs to demand payment). Moreover, the Tribunals Courts and Enforcements Act 2007 (which is only now being commenced through secondary legislation) will expand bailiff powers to enter homes.
The Climate Change Bill also gives the power to make regulations to give the state power to enter inspect premises in relation to domestic carbon trading schemes, and seize documents and records.
The Criminal Justice and Immigration Bill gives powers to entry to serve closure notices on domestic and non-domestic premises associated with disorder or nuisance (and allows entering other property to get to the main premises).
The Counter-Terrorism Bill creates powers of entry and search in relation to those under control orders.
The Crossrail Bill gives powers of entry into historic buildings and monuments.
The Crossrail Bill also give powers for the state to acquire temporary possession and use of land (and rights of entry, occupation and use).
The draft Cultural Property (Armed Conflicts) Bill creates powers of entry, search and seizure in relation to unlawfully exported cultural property (e.g. if someone looted something from Iraq, and took it home to Britain, the state could enter your home to see if you had it); it includes giving HM Revenue & Customs extra powers.
The Education & Skills Bill gives state inspectors powers to enter and inspect private schools (which would include boarding schools).
The Energy Bill gives the Government power to introduce regulations to give carbon dioxide inspectors powers of entry.
The Health & Social Care Bill gives powers for officials to enter and inspect hospitals and care homes.
The Housing & Regeneration Bill gives the new Homes & Communities Agency (the new quango to impose smaller-scale developments like housing estates) powers to enter property for the purposes of surveying or valuing it (e.g. to assist its compulsory purchase powers). The HCA is also classed as a local planning authority in its own right for the purposes of powers of entry.
The Human Fertilisation and Embryology Bill allows officials from the Human Fertilisation and Embryology Authority to inspect, enter and search premises to ensure the rules on eggs, non-human genetic material, embryos and sperm are not broken.
The Local Transport Bill gives the state powers to examine, or enter (i.e. break into) any vehicle to check if there any equipment might be used to interfere or evade road pricing taxes.
The Pensions Bill gives the pension regulator power for a state inspector to enter premises to obtain information about tax payments, pensions and benefits (this is a catch-all power; so would include business premises and domestic premises).
The Planning Bill gives staff from the new Infrastructure Planning Commission (a new central planning quango to impose large-scale developments like runways, power stations and incinerators) power to enter property.
The Planning Bill also gives powers to planning authorities to enter a property without a warrant to check whether planning permission has been breached, or a development has taken place without permission. Hypocritically, it does not apply to Government property.
The council tax revaluation in England can be initiated by Ministerial order, further to the Council Tax (New Valuation Lists for England) Act 2006. Comprehensive training of the inspectors is already underway, and a revaluation tax database being prepared for the revaluation. Detailed information can be provided on request.
The last comprehensive survey of state powers to enter people’s homes was published by the Centre for Policy Studies last year, identifying just 266 powers. It noted a large expansion in entry powers under Labour, and asserted:
“Since the middle of the 20th century, the number of such legal provisions – powers of entry – has grown enormously, mirroring the expansion of the role of the state. There are now 266 powers allowing officials to enter a private home as of right…
“As a result of the proliferation and variety of entry powers, a citizen cannot realistically be aware of the circumstances in which his home may be entered by state officials without his consent, or what rights he has in such circumstances…
“In many cases, discretion as to what is considered as reasonable behaviour in exercising an entry power is left to the judgement of those wielding the entry power…
“Many powers are drafted so broadly that the citizen has little or no protection if officials behave officiously or vindictively. Some carry draconian penalties for obstruction, including heavy fines and prison sentences of up to two years.”
Harry Snook, Crossing the Threshold: 266 ways the State can enter your home, Centre for Policy Studies, April 2007.
http://www.cps.org.uk/historiccatalogue/?pageno=3&producttypeid=1&categoryid=0&authorid=0
Re-issued with updates Summer 2009