House of Commons Amendments

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Public Bill Committee: 3 May 2011
150

Protection of Freedoms Bill, continued

Diana Johnson

Vernon Coaker

Mark Tami

Clive Efford

166

Clause  70,  page  53,  line  28,  at end insert—

‘(4)
The sponsor of any individual engaged in regulated activity as listed in the

Safeguarding Vulnerable Groups Act 2006 will be informed as to whether that

individual is on a barred list held by the Independent Safeguarding Authority.’.

Lynne Featherstone

143

Clause  71,  page  56,  line  5,  leave out ‘After paragraph 3(1)’ and insert ‘Omit

paragraph 3(1)(b)’.

Lynne Featherstone

144

Clause  71,  page  56,  line  7,  leave out from beginning to end of line 11 and insert

‘and the word “or” before it.’

Lynne Featherstone

145

Clause  74,  page  59,  line  16,  leave out from ‘appropriate’ to end of line 17.

Lynne Featherstone

146

Clause  74,  page  60,  line  15,  leave out ‘the’ and insert ‘a’.

Lynne Featherstone

147

Clause  75,  page  62,  line  34,  before ‘of’ insert ‘or’.

Lynne Featherstone

148

Clause  76,  page  63,  line  19,  after ‘officer’, insert ‘,

(d)
any prescribed purpose’.

Public Bill Committee: 3 May 2011
151

Protection of Freedoms Bill, continued

Lynne Featherstone

149

Clause  76,  page  63,  line  19,  at end insert—

‘(4)
After section 50A(1) of that Act insert—

“(1A)
ISA must, for use for any of the purposes mentioned in subsection (1),

provide to any chief officer of police who has requested it information as

to whether a person is barred.

(1B)
ISA may, for use for the purposes of the protection of children or

vulnerable adults, provide to a relevant authority any information which

ISA reasonably believes to be relevant to that authority.

(1C)
ISA must, for use for the purposes of the protection of children or

vulnerable adults, provide to any relevant authority who has requested it

information as to whether a person is barred.”

(5)
After section 50A(3) of that Act insert—

“(4)
In this section “relevant authority” means—

(a)
the Secretary of State exercising functions in relation to prisons,

or

(b)
a provider of probation services (within the meaning given by

section 3(6) of the Offender Management Act 2007).”’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

183

Clause  80,  page  65,  line  6,  at end insert—

‘(c)
the information to be supplied in connection with such a request for the

purpose of enabling the Secretary of State to ascertain whether the

disclosure requested is to enable the individual to work with children or

vulnerable adults or both.’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

184

Clause  80,  page  65,  line  12,  after ‘arrangements’, insert ‘and stated whether the

application was required for the purpose of working with children or vulnerable adults or

both.’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

185

Clause  80,  page  65,  line  16,  after ‘and’, insert ‘stated whether the certificate is to

cover work with vulnerable adults or children or both, and’.

Public Bill Committee: 3 May 2011
152

Protection of Freedoms Bill, continued

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

186

Clause  80,  page  66,  line  13,  at end insert—

‘(d)
a certificate is not up-to-date in regards of working with children or

vulnerable adults unless the original application stated that it was

required for the purpose of working with children or vulnerable adults or

both’.

Lynne Featherstone

150

Clause  95,  page  78,  line  9,  at end insert—

‘( )
In paragraph 2(1) of Schedule 5 to the Data Protection Act 1998 (maximum term

of appointment for the Information Commissioner) for “five years” substitute

“seven years”.’.

Lynne Featherstone

151

Clause  95,  page  78,  line  10,  leave out from first ‘of’ to ‘(removal’ and insert ‘that

Schedule to that Act’.

James Brokenshire

114

Schedule  7,  page  121,  line  31,  leave out ‘, vehicles and acts of terrorism’ and insert

‘etc.’.

James Brokenshire

115

Schedule  7,  page  122,  line  10,  after ‘paragraph (a)’ insert ‘—

(i)
’.

James Brokenshire

116

Schedule  7,  page  122,  line  10,  leave out ‘43B’ and insert ‘47A’.

James Brokenshire

117

Schedule  7,  page  122,  line  10,  at end insert ‘and

(ii)
after “(power to stop and search)” insert “(including that section

as it had effect by virtue of the Terrorism Act 2000 (Remedial)

Order 2011 (S.I. 2011/631)”,’.

Public Bill Committee: 3 May 2011
153

Protection of Freedoms Bill, continued

James Brokenshire

118

Schedule  7,  page  122,  line  14,  leave out from ‘for’ to ‘, and’ and insert ‘the words

from “had” to “section 44 of the Terrorism Act 2000” substitute “previously had effect for

similar purposes”’.

James Brokenshire

119

Schedule  7,  page  123,  line  29,  at end insert—

‘Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631)

28A
The Terrorism Act 2000 (Remedial) Order 2011 is revoked.’.

Lynne Featherstone

152

Schedule  7,  page  125,  line  24,  at end insert—

‘53A (1)
Section 50A (provision of information to the police) is amended as follows.

      (2)
In subsection (2) for “power conferred by subsection (1) does” substitute

“powers conferred by this section do”.

      (3)
In subsection (3) for “subsection (1)” substitute “this section”.

      (4)
In the heading to section 50A, and in the italic cross-heading before it, after

“police” insert “etc.”.’.

Lynne Featherstone

153

Schedule  7,  page  125,  leave out line 34 and insert—

‘(a)
in paragraph (a) for “45(1), (5) or (9)” substitute “45(9)”,

(aa)
omit paragraph (c), and’.

Lynne Featherstone

154

Schedule  7,  page  126,  line  17,  at beginning insert—

    ‘(1)
Schedule 3 (barred lists) is amended as follows.

      (2)
In paragraph 24, omit sub-paragraphs (8) and (9).

      (3)
’.

Lynne Featherstone

155

Schedule  7,  page  126,  line  17,  leave out from ‘25(1)’ to ‘for’ in line 18.

James Brokenshire

120

Schedule  8,  page  133,  line  30,  at end insert—

‘Terrorism Act 2000 (Remedial)
The whole instrument.’.

Order 2011 (S.I. 2011/631)

Public Bill Committee: 3 May 2011
154

Protection of Freedoms Bill, continued

Lynne Featherstone

156

Schedule  8,  page  135,  line  16,  leave out ‘(2)(a) and (c)’ and insert ‘(2)(c)’.

Lynne Featherstone

157

Schedule  8,  page  135,  line  31,  leave out from ‘In’ to ‘the’ in line 33 and insert

‘Schedule 3—

(a)
paragraph 19(1)(d),

(b)
in paragraph 19(6)’.

Lynne Featherstone

158

Schedule  8,  page  135,  line  35,  at end insert ‘, and

(c)
paragraph 24(8) and (9)’.

Lynne Featherstone

159

Schedule  8,  page  136,  line  30,  after ‘table,’, insert—

‘(aa)
in paragraph 3(1), paragraph (b) and the word “or” before it,’.

Lynne Featherstone

160

Schedule  8,  page  136,  line  44,  at the beginning insert ‘Apprenticeships, Skills,

Children and Learning Act 2009’.

Lynne Featherstone

161

Schedule  8,  page  137,  line  31,  leave out ‘to (7)’ and insert ‘and (6)’.

New ClauseS

Destruction of data relating to a person subject to a control order

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

NC1

To move the following Clause:—

‘(1)
This section applies to material falling within subsection (2) relating to a person

who—

(a)
has no previous convictions or only one exempt conviction or excluded

offence, and

(b)
is subject to a control order.

(2)
Material falls within this subsection if it is—

(a)
fingerprints taken from the person, or

(b)
a DNA profile derived from a DNA sample taken from the person.

Public Bill Committee: 3 May 2011
155

Protection of Freedoms Bill, continued

(3)
The material must be destroyed before the end of the period of two years

beginning with the date on which the person ceases to be subject to a control

order.

(4)
This section ceases to have effect in relation to the material if the person is

convicted—

(a)
in England and Wales or Northern Ireland of a recordable offence, or

(b)
in Scotland of an offence which is punishable by imprisonment, before

the material is required to be destroyed by virtue of this section.

(5)
For the purposes of subsection (1)—

(a)
a person has no previous convictions if the person has not previously

been convicted—

(i)
in England and Wales or Northern Ireland of a recordable

offence, or

(ii)
in Scotland of an offence which is punishable by imprisonment,

and

(b)
if the person has been previously convicted of a recordable offence in

England and Wales or Northern Ireland, the conviction is exempt if it is

in respect of a recordable offence other than a qualifying offence,

committed when the person is aged under 18.

(6)
For the purposes of that subsection—

(a)
a person is to be treated as having been convicted of an offence if—

(i)
he has been given a caution in England and Wales or Northern

Ireland in respect of the offence which, at the time of the caution,

he has admitted, or

(ii)
he has been warned or reprimanded under section 65 of the

Crime and Disorder Act 1998 for the offence, and

(b)
if a person is convicted of more than one offence arising out of a single

course of action, those convictions are to be treated as a single

conviction.

(7)
In this section—

(a)
“recordable offence” has, in relation to a conviction in Northern Ireland,

the meaning given by Article 2(2) of the Police and Criminal Evidence

(Northern Ireland) Order 1989, and

(b)
“qualifying offence” has, in relation to a conviction in respect of a

recordable offence committed in Northern Ireland, the meaning given by

Article 53A of that Order.’.

Public Bill Committee: 3 May 2011
156

Protection of Freedoms Bill, continued

Implied consent

Mr Tom Watson

John Robertson

NC2

To move the following Clause:—

‘(1)
In Schedule 2 to the Data Protection Act 1998 (conditions relevant for purposes

of the first principle: processing of any personal data) in paragraph 1 after “his”

there is inserted “explicit”.’.

Power of entry

Mr Tom Watson

John Robertson

NC3

To move the following Clause:—

‘(1)
After section 50 of the Data Protection Act 1998 insert—

“General Power of Entry and Inspection

50A
Power of Commissioner to Enter and Inspect business premises

(1)
The Commissioner may enter a data controller’s business premises and

inspect—

(a)
the premises,

(b)
any equipment found on the premises which is used or intended

to be used for the processing of personal data, and

(c)
any document or other material found on the premises which

may enable the Commissioner to determine whether the data

controller has complied or is complying with the data protection

principles,


if the inspection is reasonably required for the purpose of checking that

data controller’s compliance with the data protection principles.

(2)
The powers under this section do not include a power to enter or inspect

any part of the premises that is used solely as a dwelling.

(3)
A data controller is not required to produce or permit to be inspected any

material which is exempt under Part IV of this Act.

(4)
Where a document (or a copy of a document) is produced to, or inspected

by, the Commissioner, he may take copies of, or make extracts from, the

document.

(5)
Any person who obstructs the exercise of a power conferred by this

section is guilty of an offence.

(6)
In this section—

(a)
“inspect” in relation to equipment includes the operation or

testing of that equipment.



© Parliamentary copyright	Revised 3 May 2011