Lord Hanson of Flint (Lab)

That is a fairly valid challenge. The decision to apply is for the ambulance trusts. They were initially all included. Some have determined that they have not used this power, and therefore they do not wish to have it any more. One trust has maintained the power because it wishes to use it, and three have not responded, so we have kept them on just in case because we do not want to risk operational errors. The type of purpose that they could use it for may well be, for example, that an individual who comes into contact with the ambulance trust is in the middle of a mental health episode, is disorientated, does not know who they are and is not aware of where they are, what they have done or where they have been. There could be individuals who are involved in alcohol intoxication. There is a range of reasons why there might need to be access. As it happens, the vast majority of trusts have said they do not need or want this power. If one trust has said it wants to retain the power, it is reasonable that we assess that further downstream. But the determination is that the trusts themselves decide whether they want that power. Therefore, we are making sure that there are no operational risks in that. On removing the authorities that did not respond, I am not particularly pleased that we did not have a response from three authorities—I will put that on the record. They should respond accordingly. But there is always the danger that, if we took them off now, they may end up using their powers without realising they do not have them any more. They may find themselves in a litigious position, and I do not want to see that either. For the moment, that is a very valid challenge and this should be kept under review, but that is the logic behind it—if that helps the noble Lord.