House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 10 May 2011
198

Protection of Freedoms Bill, continued

Corresponding amendments in relation to Northern Ireland

Lynne Featherstone

NC18


To move the following Clause:—

‘Schedule (Safeguarding of vulnerable groups: Northern Ireland) (which makes

corresponding amendments in relation to Northern Ireland about the safeguarding

of vulnerable groups) has effect.’.

Establishment and constitution of DBS

Lynne Featherstone

NC19


To move the following Clause:—

‘(1)
There is to be a body corporate known as the Disclosure and Barring Service.

(2)
In this Chapter “DBS” means the Disclosure and Barring Service.

(3)
Schedule (Disclosure and Barring Service) (which makes further provision about

DBS) has effect.’.

Transfer of functions to DBS and dissolution of ISA

Lynne Featherstone

NC20


To move the following Clause:—

‘(1)
The Secretary of State may by order transfer any function of ISA to DBS.

(2)
The Secretary of State may by order transfer to DBS any function of the Secretary

of State under, or in connection with—

(a)
Part 5 of the Police Act 1997 (criminal records),

(b)
the Safeguarding Vulnerable Groups Act 2006, or

(c)
the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I.

2007/1351 (N.I.11)).

(3)
The Secretary of State may by order provide for the dissolution of ISA.

(4)
In this section—

“function” does not include any power of the Secretary of State to make an

order or regulations,

“ISA” means the Independent Safeguarding Authority.’.

Public Bill Committee: 10 May 2011
199

Protection of Freedoms Bill, continued

Orders under section (Transfer of functions to DBS and dissolution of ISA):

supplementary

Lynne Featherstone

NC21


To move the following Clause:—

‘(1)
Any power to make an order under section (Transfer of functions to DBS and

dissolution of ISA)—

(a)
is exercisable by statutory instrument,

(b)
includes power to make consequential, supplementary, incidental,

transitional, transitory or saving provision,

(c)
may, in particular, be exercised by amending, repealing, revoking or

otherwise modifying any provision made by or under an enactment

(whenever passed or made and including this Act).

(2)
Subject to subsection (3), a statutory instrument containing an order under section

(Transfer of functions to DBS and dissolution of ISA) is not to be made unless a

draft of the instrument has been laid before, and approved by a resolution of, each

House of Parliament.

(3)
A statutory instrument containing an order under section (Transfer of functions to

DBS and dissolution of ISA) which neither amends nor repeals any provision of

primary legislation is subject to annulment in pursuance of a resolution of either

House of Parliament.

(4)
If a draft of an instrument containing an order under section (Transfer of functions

to DBS and dissolution of ISA) (alone or with other provision) would, apart from

this subsection, be treated as a hybrid instrument for the purposes of the standing

orders of either House of Parliament, it is to proceed in that House as if it were

not a hybrid instrument.

(5)
In this section—

“enactment” includes a Measure or Act of the National Assembly for Wales

and Northern Ireland legislation,

“primary legislation” means—

(i)
a public general Act,

(j)
a Measure or Act of the National Assembly for Wales, and

(k)
Northern Ireland legislation.’.

Transfer schemes in connection with orders under section (Transfer of functions to DBS

and dissolution of ISA)

Lynne Featherstone

NC22


To move the following Clause:—

‘(1)
The Secretary of State may, in connection with an order under section (Transfer

of functions to DBS and dissolution of ISA), make a scheme for the transfer to

DBS of property, rights or liabilities of ISA or the Secretary of State.

(2)
The things that may be transferred under a transfer scheme include—

(a)
property, rights and liabilities which could not otherwise be transferred,

Public Bill Committee: 10 May 2011
200

Protection of Freedoms Bill, continued

(b)
property acquired, and rights and liabilities arising, after the making of

the scheme.

(3)
A transfer scheme may make consequential, supplementary, incidental,

transitional, transitory or saving provision and may, in particular—

(a)
create rights, or impose liabilities, in relation to property or rights

transferred,

(b)
make provision about the continuing effect of things done by, on behalf

of or in relation to the transferor in respect of anything transferred,

(c)
make provision about the continuation of things (including legal

proceedings) in the process of being done by, on behalf of or in relation

to the transferor in respect of anything transferred,

(d)
make provision for references to the transferor in an instrument or other

document in respect of anything transferred to be treated as references to

the transferee,

(e)
make provision for the shared ownership or use of property,

(f)
if the TUPE regulations do not apply in relation to the transfer, make

provision which is the same or similar.

(4)
A transfer scheme may provide—

(a)
for modification by agreement,

(b)
for modifications to have effect from the date when the original scheme

came into effect.

(5)
A transfer scheme may confer a discretion on the Secretary of State to pay

compensation to any person whose interests are adversely affected by the scheme.

(6)
A transfer scheme may be included in an order under section (Transfer of

functions to DBS and dissolution of ISA) but, if not so included, must be laid

before Parliament after being made.

(7)
For the purposes of this section—

(a)
an individual who holds employment in the civil service is to be treated

as employed by virtue of a contract of employment, and

(b)
the terms of the individual’s employment in the civil service are to be

regarded as constituting the terms of the contract of employment.

(8)
In this section—

“civil service” means the civil service of the State,

“ISA” means the Independent Safeguarding Authority,

“TUPE regulations” means the Transfer of Undertakings (Protection of

Employment) Regulations 2006 (S.I. 2006/246),

references to rights and liabilities include rights and liabilities relating to a

contract of employment,

references to the transfer of property include the grant of a lease.’.

Public Bill Committee: 10 May 2011
201

Protection of Freedoms Bill, continued

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.

(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

Public Bill Committee: 10 May 2011
202

Protection of Freedoms Bill, continued

(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.’.

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.

Public Bill Committee: 10 May 2011
203

Protection of Freedoms Bill, continued

(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.

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).’.

Public Bill Committee: 10 May 2011
204

Protection of Freedoms Bill, continued

Privacy Commissioner

Mr Tom Watson

John Robertson

NC5

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),

(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

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.”.’.



© Parliamentary copyright	Revised 10 May 2011