Session 2010 - 11
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Public Bill Committee: 5 April 2011                     

71

 

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: 5 April 2011                     

72

 

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.


 
 

Public Bill Committee: 5 April 2011                     

73

 

Protection of Freedoms Bill, continued

 
 

50B    

Carrying out inspections

 

(1)    

An inspection under section 50A may be carried out at any reasonable

 

time.

 

(2)    

The Commissioner when seeking to carry out an inspection must provide

 

a notice in writing as follows—

 

(a)    

if the occupier of the premises is present at the time the

 

inspection is to begin, the notice must be provided to the

 

occupier,

 

(b)    

if the occupier of the premises is not present but a person who

 

appears to the officer to be in charge of the premises is present,

 

the notice must be provided to that person, and

 

(c)    

in any other case, the notice must be left in a prominent place on

 

the premises.

 

(3)    

The notice referred to in subsection (2) must state the possible

 

consequences of obstructing the Commissioner in the exercise of the

 

power.”’.

 


 

Damages

 

Mr Tom Watson

 

NC4

 

To move the following Clause:—

 

‘(1)    

In section 13(2) of the Data Protection Act 1998—

 

(a)    

leave out “if”, and

 

(b)    

leave out paragraphs (a) and (b).’.

 


 

Privacy Commissioner

 

Mr Tom Watson

 

John Robertson

 

NC5

 

Parliamentary Star - white    

To move the following Clause:—

 

‘(1)    

The Secretary of State shall appoint a Commissioner to be known as the Privacy

 

Commissioner (referred to in this section as “the Commissioner”).

 

(2)    

It shall be the duty to the Commissioner to promote respect for individual privacy

 

and data protection.

 

(3)    

The Commissioner shall have all the duties and functions set out in—

 

(a)    

section 51 of the Data Protection Act 1998 (Data Protection

 

Commissioner),

 

(b)    

section 57 of the Regulation of Investigatory Powers Act 2000

 

(Interception of Communications Commissioner),


 
 

Public Bill Committee: 5 April 2011                     

74

 

Protection of Freedoms Bill, continued

 
 

(c)    

section 91 of the Police Act 1997 and section 62 of the Regulation of

 

Investigatory Powers Act 2000 (Chief Surveillance Commissioner),

 

(d)    

section 20 of this Act (Commissioner for the Retention and Use of

 

Biometric Material), and

 

(e)    

section 34 of this Act (Surveillance Camera Commissioner).

 

(4)    

The Commissioner shall have all the powers which attach to the offices set out in

 

subsection (3).

 

(5)    

The Commissioner shall arrange for the dissemination in such form and manner

 

as he considers appropriate of such information as it may appear to him expedient

 

to give to the public about any matter within the scope of his functions under this

 

Act, and may give advice to any person as to any of those matters.

 

(6)    

Any reference in any enactment, instrument or other document to a person

 

carrying out the duties and functions set out in subsection (3) shall be construed,

 

in relation to any time after the commencement of this section, as a reference to

 

the Commissioner.

 

(7)    

Any appointment made to any of the offices set out in subsection (3) is hereby

 

terminated.’.

 


 

Personal data

 

Mr Tom Watson

 

John Robertson

 

NC6

 

Parliamentary Star - white    

To move the following Clause:—

 

‘(1)    

In section 1(1) of the Data Protection Act 1998 (basic interpretative provisions),

 

for the definition of “personal data” substitute—

 

““personal data” has the same meaning as in the Data Protection Directive,

 

but shall not be taken to mean that the information must be biographical

 

in nature, compromise the privacy of the data subject or have the data

 

subject as its principal focus.”.’.

 

 

Order of the House [1 MARCH 2011]

 

That the following provisions shall apply to the Protection of Freedoms Bill—

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 10 May 2011.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the


 
 

Public Bill Committee: 5 April 2011                     

75

 

Protection of Freedoms Bill, continued

 
 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Protection of Freedoms Bill (Programme) (No. 2)

 

 

That the Order of 1 March 2011 (Protection of Freedoms Bill (Programme)) be varied

 

as follows:

 

1.    

Paragraph 2 of the Order shall be omitted.

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 17 May 2011.

 

 

Order of the Committee [22 March 2011], AS AMENDED ON 29 MARCH

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

 

22 March) meet—

 

(a)  

at 4.00 pm on Tuesday 22 March;

 

(b)  

at 9.00 am and 1.00 pm on Thursday 24 March;

 

(c)  

at 10.30 am and 4.00 pm on Tuesday 29 March;

 

(d)  

at 9.00 am and 1.30 pm on Tuesday 5 April;

 

(e)  

at 10.30 am and 4.00 pm on Tuesday 26 April;

 

(f)  

at 9.00 am and 1.00 pm on Thursday 28 April;

 

(g)  

at 10.30 am and 4.00 pm on Tuesday 3 May;

 

(h)  

at 10.30 am and 4.00 pm on Tuesday 10 May;

 

(i)  

at 9.00 am and 1.00 pm on Thursday 12 May;

 

(j)  

at 10.30 am and 4.00 pm on Tuesday 17 May;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 

TABLE

 

Date

Time

Witness

 
 

Tuesday 22 March

Until no later than

The Association of Chief

 
  

12.00 pm

Police Officers

 
 

Tuesday 22 March

Until no later than

Lord Macdonald of River

 
  

12.30 pm

Glaven QC (independent

 
   

reviewer of the review of

 
   

counter-terrorism and security

 
   

powers)

 
 

Tuesday 22 March

Until no later than

The Interception of

 
  

1.00 pm

Communications

 
   

Commissioner

 
 

Tuesday 22 March

Until no later than

Liberty, Justice, the Law

 
  

5.30 pm

Society and the Criminal Bar

 
   

Association

 
 

Tuesday 22 March

Until no later than

The Independent

 
  

6.30 pm

Safeguarding Authority and

 
   

Mrs Sunita Mason

 
   

(Independent Advisor for

 
   

Criminality Information

 
   

Management)

 
 

Tuesday 22 March

Until no later than

Genewatch UK and Action on

 
  

7.00 pm

Rights of Children

 
 

Thursday 24 March

Until not later than

The Information

 
  

10.05 am

Commissioner’s Office

 
 

Thursday 24 March

Until no later than

The Campaign for Freeedom

 
  

10.25 am

of Information

 
 

Thursday 24 March

Until no later than

The NSPCC, The Scout

 
  

2.00 pm

Association and Stonewall

 
 

Thursday 24 March

Until not later than

The Local Government

 
  

2.45 pm

Association and the Welsh

 
   

Local Government

 
   

Association

 
 

Thursday 24 March

Until no later than

The AA, the RAC Foundation,

 
  

3.45 pm

the British Parking

 
   

Association and the Security

 
   

Industry Authority

 
 

Thursday 24 March

Until no later than

Andrew Rennison (Interim

 
  

4.30 pm

CCTV Regulator) and

 
   

Birmingham Against Spy

 
   

Cameras;

 

 
 

Public Bill Committee: 5 April 2011                     

76

 

Protection of Freedoms Bill, continued

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order; Clauses 1 to 19; Schedule 1; Clauses 20 to 39; Schedule 2;

 

Clauses 40 to 53; Schedule 3; Clauses 54 to 56; Schedule 4; Clauses 57 to 60;

 

Schedule 5; Clauses 61 and 62; Schedule 6; Clauses 63 to 101; Schedules 7

 

and 8; Clauses 102 to 107; new Clauses; new Schedules; remaining

 

proceedings on the Bill;


 
 

Public Bill Committee: 5 April 2011                     

77

 

Protection of Freedoms Bill, continued

 
 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 7.00 pm on Tuesday 17 May.

 

 

Order of the Committee [29 March 2011]

 

That if, on Tuesday 5 April, references to specific times in the Standing Orders of this

 

House shall apply as if that day were a Wednesday, the Order of the Committee of 22

 

March shall be amended as follows—

 

  In paragraph (1)(d) leave out ‘10.30 am and 4.00 pm’ and insert ‘9.00 am and 1.30 pm’.

 

 

NOTICES WITHDRAWN

 

The following Notices have been withdrawn:

 

Steve Baker

 

44

 

Clause  9,  page  8,  line  5,  at end insert—

 

‘(d)    

must be subject to an order by a District Judge (Magistrates’ Courts).’.

 

Steve Baker

 

46

 

Clause  10,  page  8,  leave out lines 17 to 25 and add—

 

‘(3)    

Material which relates to a person who is convicted of a recordable offence may

 

be retained indefinitely.’.

 

Steve Baker

 

48

 

Schedule  1,  page  94,  line  30,  at end add—

 

‘(d)    

must be subject to an order by a District Judge (Magistrates’ Courts)’.

 

Steve Baker

 

49

 

Clause  24,  page  15,  line  23,  leave out from beginning to end of line 2 on page 16,

 

and add—

 

‘63AB

  The Secretary of State

 

(1)    

The Secretary of State will oversee the operation of the National DNA Database.

 

(2)    

The Secretary of State must issue guidance about the destruction of DNA profiles

 

which are, or may be retained under this Part of this Act.

 

(3)    

A chief officer of a police force in England and Wales must act in accordance

 

with guidance issued under this section.

 

(4)    

The Secretary of State must make an annual report about the exercise of his

 

functions with regards to this Act, and lay a copy of the published report before

 

Parliament.’.

 

Steve Baker

 

50

 

Clause  25,  page  17,  line  6,  at end add—


 
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