House of Commons Amendments

Session 2010 - 11
Internet Publications
Other Bills before Parliament

79

House of Commons

Notices of Amendments

given on

Tuesday 19 April 2011

For other Amendment(s) see the following page(s):

Protection of Freedoms Bill Committee 67-78

Public Bill Committee

Protection of Freedoms Bill

Mr Tom Watson

90

Clause  54,  page  37,  line  30,  after ‘liable’, insert ‘to prosecution by the police and’.

Signage required where parking facilities are made available to the public

Mr Tom Watson

NC7

To move the following Clause:—

‘(1)
Where a facility for parking on private land is made available to the public, or a

specific group of persons, due warning of the terms and conditions for that

parking will be prominently displayed, as a minimum, at all entrances. This must

include, but is not limited to, the following:

(a)
notice of the ban on clamping, towing and immobilisation to highlight

that it is now a criminal offence,

(b)
the hours during which parking is permitted,

(c)
any restriction on who is permitted to park,

(d)
any restriction on the length of time parking is permitted,

(e)
whether any additional consideration is extended to disabled drivers

displaying a blue badge,

(f)
the cost, if any, of parking and any charges made for breach of parking

conditions,

(g)
the manner in which drivers will be informed of any breach of parking

conditions,

(h)
the full name and contact details, including a geographical address for the

business offering the contract to park.’.

Notices of Amendments: 19 April 2011
80

Protection of Freedoms Bill, continued

Ticketing of vehicles left on land

Mr Tom Watson

NC8

To move the following Clause:—

‘(1)
The creditor has the right to claim payment of any unpaid parking charges from

the driver of the vehicle. That right applies only if the following conditions are

met—

(a)
the creditor has the right to enforce against the driver of the vehicle the

terms of the relevant contract which require the unpaid parking charges

to be paid;

(b)
a notice that contains the information specified in sub-paragraph (3

“notice to the driver”) has been given to the driver by or on behalf of the

creditor;

(c)
where the driver challenges whether the correct notice was served at the

time of the claimed infringement, the onus of proof rests with the

creditor.

(2)
The notice must—

(a)
state that by virtue of a contract the driver is required to pay parking

charges in respect of the parking of the vehicle on that land on such day

or days as the notice may specify;

(b)
describe the circumstances in which the contract was formed, the terms

which required the driver to pay those charges and the facts that make

them payable;

(c)
state the total amount of unpaid parking charges due from the driver and

a breakdown of the charges in terms of costs and damages suffered (as at

such time as may be specified in the notice, which must be no later than

the time specifed under paragraph (g));

(d)
inform the driver of the arrangements for the resolution of disputes of

complaints available under subsection (4);

(e)
inform the driver of any discount offered for prompt payment;

(f)
specify how and to whom payment may be made;

(g)
state the time and date on which the notice was issued.’.

Redress

Mr Tom Watson

NC9

To move the following Clause:—

‘The Secreatary of State shall make provision for the purpose of providing

independent redress, which is free to consumers and funded through the industry,

where the conditions specified in Clause [Signage required where parking

facilities are made available to the public] and in Clause [Ticketing of vehicles

left on land] have not been met or there are reasonable grounds for challenging

the claimed breach.’.

Mr Tom Watson

91

Page  38,  line  24,  leave out Clause 56.

Notices of Amendments: 19 April 2011
81

Protection of Freedoms Bill, continued

Mr Tom Watson

92

Page  106,  line  23,  leave out Schedule 4.

Trade in personal information

Mr Tom Watson

NC10

To move the following Clause:—

‘(1)
In section 52 of the Data Protection Act 1998 (Reports and codes of practice to

be laid before Parliament), after subsection (1) there is inserted—

“(1A)
The Commissioner shall lay annually before each House of Parliament a

report on the unlawful trade in confidential personal information.”.’.

Penalty

Mr Tom Watson

NC11

To move the following Clause:—

‘(1)
In section 60 of the Data Protection Act 1998 (Prosecutions and penalties)—

(a)
in subsection (2) after “section 54A” there is inserted “, section 55”, and

(b)
after subsection (2) there is inserted—

“(2A)
A person guilty of an offence under section 55 shall be liable—

(a)
on summary conviction, to imprisonment for a term not

exceeding six months or to a fine not exceeding the

statutory maximum, or to both;

(b)
on conviction on indictment, to imprisonment for a term

not exceeding two years or to a fine, or to both.”.

(2)
Omit section 77 of the Criminal Justice and Immigration Act 2008 (Power to alter

penalty for unlawfully obtaining etc. personal data).’.

Vernon Coaker

Clive Efford

Diana Johnson

Mark Tami

93

Clause  29,  page  19,  line  30,  leave out subsection (1) and insert—

‘(1)
The Secretary of State must establish an independent inquiry into the use of

surveillance camera systems in England and Wales.

(1A)
Having considered the recommendations of that enquiry, and following a report

on those recommendations to Parliament, the Secretary of State must prepare a

code of practice containing guidance about surveillance camera systems.’.

Vernon Coaker

Clive Efford

Diana Johnson

Mark Tami

94

Clause  29,  page  19,  line  35,  at end insert—

Notices of Amendments: 19 April 2011
82

Protection of Freedoms Bill, continued

‘(c)
the importance of CCTV to community safety and crime reduction.’.

Vernon Coaker

Clive Efford

Diana Johnson

Mark Tami

95

Clause  29,  page  19,  line  35,  at end insert—

‘(3A)
Such a code may, in particular, include provision on—

(a)
any potential improvement in public safety and crime reduction, and

(b)
the significance of a camera as a deterrent to crime.’.

Vernon Coaker

Clive Efford

Diana Johnson

Mark Tami

96

Clause  29,  page  20,  line  8,  leave out ‘need not’ and insert ‘must’.

Vernon Coaker

Clive Efford

Diana Johnson

Mark Tami

97

Clause  29,  page  20,  line  11,  at end insert—

‘(za)
Representatives from Community Safety Partnerships,

(zb)
Neighbourhood Watch,

(zc)
Other community groups who make representations to the Secretary of

State.’.

Vernon Coaker

Clive Efford

Diana Johnson

Mark Tami

98

Clause  29,  page  20,  line  21,  at end insert—

‘(h)
any written evidence or submissions from any of the groups listed above

must be published in full by the Secretary of State.’.

Vernon Coaker

Clive Efford

Diana Johnson

Mark Tami

99

Clause  30,  page  20,  line  39,  at beginning insert—

‘(1A)
The Secretary of State must publish a draft code of practice prepared under

section 29 60 days before it is laid before Parliament.’.

Notices of Amendments: 19 April 2011
83

Protection of Freedoms Bill, continued

Vernon Coaker

Clive Efford

Diana Johnson

Mark Tami

100

Clause  33,  page  22,  line  10,  at beginning insert—

‘(A1)
The surveillance camera code is not mandatory.’.

Vernon Coaker

Clive Efford

Diana Johnson

Mark Tami

101

Clause  33,  page  22,  line  17,  leave out subsection (4).

Vernon Coaker

Clive Efford

Diana Johnson

Mark Tami

102

Clause  34,  page  23,  line  23,  at end insert—

‘(1A)
Before the Commissioner is formally appointed, the candidate must give oral

evidence to the Home Affairs Select Committee about the use of surveillance

camera systems.’.

Independent inquiry into use of investigating powers under RIPA

Vernon Coaker

Clive Efford

Diana Johnson

Mark Tami

NC12

To move the following Clause:—

‘(1)
The Secretary of State must establish an independent inquiry into the use of

investigatory powers under the Regulation of Investigatory Powers Act 2000.

(2)
The inquiry will examine in particular the use of directed surveillance and

possible limits to its use.

(3)
The inquiry will examine possible exemptions to the Act relating to the under-age

sale of alcohol and tobacco and anti-social behaviour.

(4)
Recommendations from that enquiry shall be reported to Parliament.’.

Vernon Coaker

Clive Efford

Diana Johnson

Mark Tami

103

Clause  38,  page  27,  line  32,  at end insert—

‘(c)
the seriousness threshold has been met, defined as offences that carry a

maximum custodial sentence of at least six months and subject to limited

exemptions relating to the under-age sale of alcohol and tobacco.’.

Notices of Amendments: 19 April 2011
84

Protection of Freedoms Bill, continued

Vernon Coaker

Clive Efford

Diana Johnson

Mark Tami

104

Clause  47,  page  34,  line  9,  leave out subsection (1) and insert—

‘(1)
The Secretary of State must establish an independent inquiry into the exercise of

powers of entry and associated powers in England and Wales.

(1A)
The inquiry must in particular examine issues relating to—

(a)
bailiffs;

(b)
squatters.

(1B)
Having considered the recommendations of that enquiry, and following a report

on those recommendations to Parliament, the Secretary of State must prepare a

code of practice containing guidance about powers of engry and associated

powers in England and Wales.’.

Diana Johnson

105

Clause  56,  page  38,  line  25,  at beginning insert ‘(1)’.

Diana Johnson

106

Clause  56,  page  38,  line  27,  at end insert—

‘(2)
Recovery of unpaid parking charges shall be subject to the right of appeal.

(3)
The Secretary of State shall by regulations make provision for the purpose

specified in subsection (4) in a case where, in England and Wales or Northern

Ireland, a person attempts to claim unpaid parking charges from the driver or

keeper of the vehicle.

(4)
The purpose referred to in subsection (3) is to entitle a person to appeal against

the parking charge which they believe has been enforced against them, either by

way of a contract relating to parking or by way of Schedule 4.

(5)
Regulations under this section shall specify the grounds on which an appeal may

be made.

(6)
The grounds may include in particular—

(a)
a contravention of a code of practice issued by an Accredited Trade

Association;

(b)
contravention of any requirement imposed by or under this Act.

(7)
Regulations under this section shall make provision for and in connection with

the person to whom an appeal may be made.

(8)
The person may in particular be—

(a)
a person exercising functions of adjudication or the hearing of appeals

under another enactment;

(b)
a body established appointed by the Secretary of State under the

regulations;

(c)
an individual appointed under the regulations by the Secretary of State or

by another person specified in the regulations.

(9)
Regulations under this section may also include provision—

(a)
as to the procedural conditions to be satisfied by a person before an

appeal may be made;

(b)
as to the payment of a fee by the appellant;

(c)
as to the procedure (including time limits) for making an appeal;

(d)
as to the minimum level of charge before an appeal may be brought;

Notices of Amendments: 19 April 2011
85

Protection of Freedoms Bill, continued

(e)
as to the procedure for deciding an appeal;

(f)
as to the payment to the appellant by the respondent of—

(i)
the charge against which the appeal is made;

(ii)
other costs incurred by the appellant in consequence of the

activity referred to in subsection (3);

(g)
as to the payment by a party to an appeal of—

(i)
costs of the other party in relation to the adjudication;

(ii)
other costs in respect of the adjudication;

(h)
as to the payment by the respondent to an appeal, in a case where the

appeal is granted, of a charge in respect of the costs of adjudications

under the regulations;

(i)
as to the effect and enforcement of a decision of the person to whom an

appeal is made—

(i)
requiring or authorising the person to whom an appeal is made to

provide information relating to the appeal to the authority;

(ii)
to the effect that a person who makes a representation that is false

in a material particular, and does so recklessly or knowing it to

be false, commits an offence triable summarily and punishable

with a fine not exceeding level 5 on the standard scale.

(10)
The provision specified in paragraphs (e), (f) and (f)(i) of subsection (9) includes

provision authorising the person to whom an appeal is made to require payment

of the matters specified in those paragraphs.’.

Offence of issuing excess parking charges

Diana Johnson

NC13

To move the following Clause:—

‘(1)
A person commits an offence who, without lawful authority, requires a driver or

any person in possession of a vehicle to pay parking charges in relation to a

contract to park that vehicle.

(2)
The express or implied consent (whether or not legally binding) of a person

otherwise entitled to enter into a contract regarding parking is not lawful authority

for the purposes of subsection (1).

(3)
Subsection (2) does not apply where—

(a)
the person or body attempting to enforce the parking charges is a member

of an Accredited Trade Association so accredited by the Secretary of

State, and

(b)
the penalty charge can be appealed to an independent body as set out in

section 56(2), and

(c)
the person or body attempting to enforce the parking charges takes

reasonable steps to inform the driver or keeper of the vehicle about the

right to appeal.

(4)
The Secretary of State can, by way of regulation, introduce a maximum charge,

under which parking charges would not be subject to subsection (1).

(5)
A person who is entitled to remove a vehicle cannot commit an offence under this

section in relation to that vehicle.

(6)
A person guilty of an offence under this section is liable—

(a)
on conviction on indictment, to a fine,

(b)
on summary conviction, to a fine not exceeding the statutory maximum.



© Parliamentary copyright	Revised 20 April 2011