Officials have right of entry to check pot plants despite vow to curb such powers

http://www.guardian.co.uk/politics/2013/jan/22/officials-right-enter-homes-powers

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Public officials still have the power to demand entry to your home without a warrant to inspect your pot plants, your refrigerator or the height of your hedge, despite a Conservative manifesto pledge to curb such intrusive powers.

An initial Whitehall review of the 1,300 separate powers on the statute book under which state officials can demand entry has so far led to the repeal of only 15. Those that have been removed include powers dating to the 1950s to enter a home to search and seize German enemy property and to check no illegal hypnotism displays are taking place.

But Whitehall departments have yet to give up powers to enter a home to check if the pot plants are infected with pests or do not have a plant passport, to check the energy rating of a refrigerator, or see if the hedges are too high under the 2003 Antisocial Behaviour Act.

Powers to curb the right of entry of an estimated 20,000 officials – other than police officers and other emergency services personnel, who have statutory rights to go into people's homes and businesses – were included within the government's Protection of Freedoms Act 2012.

The majority of the existing powers do not need a magistrates' warrant and a significant number allow force to be used and do not require any notice to be given. The new legislation makes clear the consent of a magistrate should be required in most cases.

But ministers have given Whitehall departments two years to decide which of the 1,300 remaining powers should be repealed, with the Home Office producing a six-monthly review of the progress so far.

A new code of practice published on Tuesday will also lay down strict guidelines to prevent public officials abusing their powers to enter homes and businesses. Home Office ministers are proposing that where appropriate at least 48 hours' notice should be given and officials "should be considerate over the time of day that powers are executed".

The code also says officials should not enter a private home without the occupier's consent, if possible, or before obtaining a warrant. Reasonable force should be used only where it is expressly permitted. A six-week consultation on the code will close on 5 March.

Lord Taylor, the Home Office minister for criminal information, said: "This government is rolling back unnecessary state intrusion in people's lives. Powers of entry will always be vital for the investigation of crime, but this new code of practice will ensure they are used proportionately and not abused."

He said government departments were working to reduce the 1,300 powers of entry available to them. The review does not cover police powers to enter a premises.

Nick Pickles of Big Brother Watch said the power of officials to enter a home to inspect pot plants is available under the Plant Health Order 2005, and to check on the energy ratings of a refrigerator under the 2004 Energy Information Household Refrigerators and Freezers Regulations.

The Conservatives' quality of life manifesto published in 2010 promised the party would cut back on "the intrusive powers of entry into homes". They said public officials other than the police and emergency services would require a magistrates' warrant and that would only be granted in cases involving serious criminal offences or to protect public safety.