damage to property. He may also enter and search any premises occupied or controlled by a person who is already under arrest for an arrestable offence in order to obtain evidence. In general, and the Government regards this as important, the police and public officials proceed by consent wherever possible, thus avoiding the need for privacy to be forcibly invaded.
Evidence in court obtained by infringing privacy
242. In English common law, evidence is admissible if it is relevant to the issue, and the court is not concerned with the way it was obtained. Case law shows that evidence may be admissible even though it has been stolen, or obtained by illegal search, eavesdropping, private telephone tapping, secret tape recording or interception of an unposted letter. This is because, despite the circumstances in which it was obtained, its relevance to the issue. to be determined by the court may be such that, were it to be excluded for that reason, justice would not be done. However, by virtue of section 78 of the Police and Criminal Evidence Act 1984, a court can refuse to allow evidence which would have an adverse effect on the fairness of the proceedings. The section makes explicit reference to the circumstances in which the evidence was obtained. Also, under the Police and Criminal Evidence Act 1984, the court may not allow a confession to be given in evidence if it is claimed that it was made under oppression or in other circumstances that might render it unreliable, and the prosecution cannot prove that it was not made in such circumstances.
Women's taxation
243. The 1988 Finance Act enacted a system of independent taxation for husbands and wives, to take effect from April 1990. It will ensure that married women's right to privacy is respected as regard their tax affairs. From April 1990, husbands and wives will each receive their own tax allowances and be responsible for handling their own tax affairs (see paras. 287-288 below).
Article 18
244. The Committee previously expressed concern that racial minorities were encountering difficulties when they wished to practise their religion. The United Kingdom representatives accepted that there might be isolated cases of this kind but, as previous reports have indicated, and in accordance with article 18, the Government considers that no unnecessary obstacle should be placed in the way of persons wishing to practise their religion. Difficulties can be caused where Muslim employees have not found it easy to reconcile their religious needs with the requirements of their employers, but experience has shown that employers have adopted a combination of flexible working hours with annual leave entitlements to cater for Muslim needs; it appears that most Muslim employees find these arrangements satisfactory.
245. On 14 July 1989, the Government announced that a new clause would be added to the Employment Bill currently before Parliament which would exempt turban-wearing Sikhs from proposed regulations to be made under the Health and Safety at Work, etc. Act. 1974, requiring construction workers to wear head protection. This proposed exemption is being made in recognition of the fact that many Sikhs (some 40,000 of whom work in the industry) would otherwise feel compelled to choose between their religion and their job. There will be a parallel exemption for employers from civil liability in such cases.