House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

291

House of Commons

Tuesday 17 May 2011

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Protection of Freedoms Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [22 March].

Lynne Featherstone

223

Clause  104,  page  82,  line  14,  after ‘of’ insert ‘, and sections (Establishment and

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

(Transfer of functions to DBS and dissolution of ISA)) and Schedule (Disclosure and

Barring Service) in,’.

James Brokenshire

224

Clause  105,  page  82,  line  23,  leave out paragraph (e) and insert—

‘(e)
Chapter 1 of Part 5 (excluding section (Corresponding amendments in

relation to Northern Ireland) and Schedule (Safeguarding of vulnerable

groups: Northern Ireland)),

(ea)
Chapter 2 of Part 5 (excluding section (Out of date references to

certificates of criminal records)),

(eb)
Chapter 3 of Part 5,’.

James Brokenshire

225

Clause  105,  page  82,  line  25,  leave out ‘subsection’ and insert “subsections (1A),

(2), (4) and’.

Public Bill Committee: 17 May 2011
292

Protection of Freedoms Bill, continued

James Brokenshire

226

Clause  105,  page  82,  line  26,  leave out ‘subsection’ and insert “subsections (2), (4)

and’.

James Brokenshire

227

Clause  105,  page  82,  line  28,  at end insert—

‘(1A)
The following provisions extend to England and Wales and Scotland only—

(a)
paragraph 72A(a) of Schedule 7, and

(b)
any provision which extends to England and Wales and Scotland only by

virtue of subsection (5) or (6).’.

James Brokenshire

228

Clause  105,  page  82,  line  29,  leave out from beginning to ‘to’ and insert ‘The

following provisions extend’.

James Brokenshire

229

Clause  105,  page  82,  line  29,  after ‘only’ insert ‘—

(a)
Part 2 of Schedule 1,

(b)
sections (Establishment and constitution of DBS) to (Transfer schemes in

connection with orders under section (Transfer of functions to DBS and

dissolution of ISA)) and Schedule (Disclosure and Barring Service)

(excluding paragraph 5(3) of that Schedule),

(c)
in Part 5 of Schedules 7 and 8, the amendments and repeals in respect of

the Police Act 1997 and paragraph 14(7)(c) of Schedule 9 to the

Safeguarding Vulnerable Groups Act 2006, and

(d)
any provision which extends to England and Wales and Northern Ireland

only by virtue of subsection (6).’.

James Brokenshire

230

Clause  105,  page  82,  line  30,  leave out from beginning to ‘to’ and insert ‘The

following provisions extend’.

James Brokenshire

231

Clause  105,  page  82,  line  30,  after ‘only’ insert ‘—

(a)
Parts 4 and 5 of Schedule 1, and

(b)
any provision which extends to Scotland only by virtue of subsection

(6).’.

James Brokenshire

232

Clause  105,  page  82,  line  31,  leave out from beginning to ‘to’ and insert ‘The

following provisions extend’.

James Brokenshire

233

Clause  105,  page  82,  line  31,  after ‘only’ insert ‘—

Public Bill Committee: 17 May 2011
293

Protection of Freedoms Bill, continued

(a)
Part 6 of Schedule 1,

(b)
section 62 and Schedule 6,

(c)
section (Corresponding amendments in relation to Northern Ireland) and

Schedule (Safeguarding of vulnerable groups: Northern Ireland),

(d)
in Part 5 of Schedules 7 and 8, the amendments, repeals and revocations

in respect of—

(i)
the Safeguarding Vulnerable Groups (Northern Ireland) Order

2007 (S.I. 2007/1351 (N.I.11)) and any order made under that

Order,

(ii)
Part 3 of Schedule 5 to the Health Care and Associated

Professions (Miscellaneous Amendments and Practitioner

Psychologists) Order 2009 (S.I. 2009/1182), and

(iii)
sections 90 and 92 of the Policing and Crime Act 2009, and

(e)
any provision which extends to Northern Ireland only by virtue of

subsection (6).’.

James Brokenshire

234

Clause  105,  page  83,  line  1,  at end insert—

‘(da)
section (Out of date references to certificates of criminal records),

(db)
paragraph 5(3) of Schedule (Disclosure and Barring Service),’.

New Clauses

Out of date references to certificates of criminal records

Lynne Featherstone

NC16

To move the following Clause:—

‘In section 75(4) of the Data Protection Act 1998 (commencement of section 56

of that Act not to be earlier than the first day on which certain sections of the

Police Act 1997 relating to certificates of criminal records are all in force) for

“sections 112, 113 and 115” substitute “sections 112, 113A and 113B”.’.

Corresponding amendments in relation to Northern Ireland

Lynne Featherstone

NC18

To move the following Clause:—

Public Bill Committee: 17 May 2011
294

Protection of Freedoms Bill, continued

‘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.’.

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

supplementary

Lynne Featherstone

NC21

To move the following Clause:—

Public Bill Committee: 17 May 2011
295

Protection of Freedoms Bill, continued

‘(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—

(a)
a public general Act,

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

(c)
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,

(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,

Public Bill Committee: 17 May 2011
296

Protection of Freedoms Bill, continued

(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.’.

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

Public Bill Committee: 17 May 2011
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Protection of Freedoms Bill, continued

(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

(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.’.



© Parliamentary copyright	Revised 17 May 2011