House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 17 May 2011
326

Protection of Freedoms Bill, continued

Remuneration etc: members

3    (1)
DBS may pay to the person who has the function of chairing it and each of the

other appointed members such remuneration and such allowances as the

Secretary of State may decide.

      (2)
Sub-paragraph (3) applies if—

(a)
a person ceases to be an appointed member of DBS, and

(b)
the Secretary of State considers that there are special circumstances

which make it right for the person to receive compensation.

      (3)
The Secretary of State may require DBS to pay the person such amount as the

Secretary of State may decide.

Staff

4    (1)
DBS must appoint a person to be chief executive.

      (2)
The period of appointment must not exceed 5 years (but a person may be re-

appointed).

      (3)
DBS must consult the Secretary of State before appointing a chief executive.

      (4)
The person who has the function of chairing DBS may, with the approval of

the Secretary of State, be appointed as chief executive.

      (5)
The chief executive is an employee of DBS.

      (6)
DBS may appoint such number of other staff as it considers appropriate.

      (7)
DBS may make arrangements for persons to be seconded to DBS to serve as

members of its staff.

      (8)
A member of a police force on temporary service with DBS is to be under the

direction and control of DBS.

Remuneration, pensions etc of staff

5    (1)
DBS may pay to its staff such remuneration and such allowances as it may,

with the approval of the Secretary of State, decide.

      (2)
DBS may—

(a)
pay such pensions, allowances or gratuities to or in respect of any

member of staff or former member of staff, or

(b)
pay such sums towards the provision for the payment of pensions,

allowances or gratuities to or in respect of any member of staff or

former member of staff,


as it may, with the approval of the Secretary of State, decide.

      (3)
Employment with DBS is included among the kinds of employment to which

a scheme under section 1 of the Superannuation Act 1972 can apply, and

accordingly in Schedule 1 to that Act (in which those kinds of employment are

listed) insert at the appropriate place—


“Employment by the Disclosure and Barring Service.”

      (4)
DBS must pay to the Minister for the Civil Service, at such times as the

Minister may direct in writing, such sums as the Minister may decide in respect

of any increase attributable to this paragraph in the sums payable out of money

provided by Parliament under the Act of 1972.

Delegation of functions

6
DBS may, to such extent as it may decide, delegate any of its functions to—

(a)
any of its appointed members,

(b)
a member of its staff,

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Protection of Freedoms Bill, continued

(c)
a committee consisting of any of its appointed members, members of

its staff or both appointed members and members of staff.

7
DBS may, to such extent as it may decide, delegate any of its functions, other

than a core function, to—

(a)
a person who is neither an appointed member nor a member of staff,

(b)
a committee (including a committee which comprises or includes

persons who are neither appointed members nor members of staff).

8    (1)
In this Schedule a core function is—

(a)
deciding whether it is appropriate for a person to be included in a

barred list under the Safeguarding Vulnerable Groups Act 2006 or the

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

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

(b)
deciding whether to remove a person from such a list,

(c)
considering representations made for the purposes of Schedule 3 to

that Act or (as the case may be) Schedule 1 to that Order, or

(d)
any function under, or in connection with, Part 5 of the Police Act

1997 which is specified for this purpose in an order made by the

Secretary of State.

      (2)
An order under sub-paragraph (1)(d) is to be made by statutory instrument

which is to be subject to annulment in pursuance of a resolution of either House

of Parliament.

Business plans

9    (1)
As soon as possible after the beginning of each financial year, DBS must issue

a business plan in relation to the proposed exercise of its functions during that

year.

      (2)
DBS must consult the Secretary of State before issuing the plan.

      (3)
DBS must arrange for the plan to be published in such manner as it considers

appropriate.

      (4)
In this Schedule “financial year” is—

(a)
the period—

(i)
starting with the day on which DBS is established, and

(ii)
ending with the next 31st March or, if the period ending with

that date is 3 months or less, ending with the next 31st March

after that date, and

(b)
each succeeding period of 12 months.

Reports

10  (1)
As soon as possible after the end of each financial year, DBS must issue a

report on the exercise of its functions during that year.

      (2)
DBS must arrange for the report to be published in such manner as it considers

appropriate.

Funding

11
The Secretary of State may make payments to DBS of such amounts, at such

times and on such conditions (if any), as the Secretary of State considers

appropriate.

Accounts

12  (1)
DBS must keep its accounts in such form as the Secretary of State decides.

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

      (2)
DBS must prepare annual accounts in respect of each financial year in such

form as the Secretary of State decides.

      (3)
Before the end of the specified period following the end of each financial year

to which the annual accounts relate DBS must send a copy of the accounts to

the Secretary of State and the Comptroller and Auditor General.

      (4)
The Comptroller and Auditor General must—

(a)
examine, certify and report on the annual accounts, and

(b)
send a copy of the certified accounts and of the report to the Secretary

of State.

      (5)
The Secretary of State must lay before Parliament each document received

under sub-paragraph (4)(b).

      (6)
The specified period is such period as the Secretary of State directs in writing.

Guidance

13  (1)
The Secretary of State may, from time to time, issue guidance in writing to

DBS in relation to the exercise of any of its functions.

      (2)
DBS must have regard to any such guidance before exercising any function to

which it relates.

Directions

14  (1)
The Secretary of State may give directions in writing to DBS in relation to the

exercise of any of its functions other than a core function mentioned in

paragraph 8(1)(a), (b) or (c).

      (2)
The Secretary of State may vary or revoke any such directions.

      (3)
DBS must comply with any directions given under this paragraph.

Status

15  (1)
DBS is not to be regarded—

(a)
as a servant or agent of the Crown, or

(b)
as enjoying any status, immunity or privilege of the Crown.

      (2)
DBS’s property is not to be regarded as property of, or property held on behalf

of, the Crown.

Payments in connection with maladministration

16  (1)
Sub-paragraph (2) applies if DBS considers—

(a)
that action taken by or on behalf of DBS amounts to

maladministration, and

(b)
that a person has been adversely affected by the action.

      (2)
DBS may, with the approval of the Secretary of State, make such payment (if

any) to the person as it considers appropriate.

      (3)
In sub-paragraph (1) “action” includes failure to act.

Incidental powers

17  (1)
In connection with the exercise of any of its functions DBS may—

(a)
enter into contracts and other agreements (whether legally binding or

not),

(b)
acquire and dispose of property (including land),

(c)
borrow money,

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

(d)
do such other things as DBS considers necessary or expedient.

      (2)
The power conferred by sub-paragraph (1)(b) includes accepting—

(a)
gifts of money, and

(b)
gifts or loans of other property,


on such terms as DBS considers appropriate.

      (3)
But DBS may exercise the power conferred by sub-paragraph (1)(b) or (c) only

with the approval of the Secretary of State.

      (4)
Such approval may be given—

(a)
with respect to a particular case or with respect to a class of cases,

(b)
subject to such conditions as the Secretary of State considers

appropriate.

Documents

18
A document purporting to be signed on behalf of DBS is to be received in

evidence and, unless the contrary is proved, is to be taken to be so signed.

Transitional

19  (1)
The Secretary of State (instead of DBS) may—

(a)
appoint the first chief executive, and

(b)
decide the terms and conditions of service as an employee of DBS

which are applicable to the first chief executive on appointment.

      (2)
The period of any such appointment must not exceed 5 years (but the person

may be re-appointed under paragraph 4).

      (3)
The person who has the function of chairing DBS may be appointed as chief

executive by the Secretary of State under this paragraph .’.

Lynne Featherstone

241

Title,  line  10,  leave out ‘amend the Safeguarding Vulnerable Groups Act 2006; to make

provision about criminal records’ and insert ‘make provision about the safeguarding of

vulnerable groups and about criminal records including provision for the establishment of

the Disclosure and Barring Service and the dissolution of the Independent Safeguarding

Authority’.

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.

Public Bill Committee: 17 May 2011
330

Protection of Freedoms Bill, continued

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

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: 17 May 2011
331

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: 17 May 2011
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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.



© Parliamentary copyright	Revised 17 May 2011