Session 2010-11
Other Public Bills before Parliament

House of Commons Amendments


House of Commons
Notices of Amendments
given on
Tuesday 19 April 2011

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

(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.’.

Ticketing of vehicles left on land

  • Mr Tom Watson

NC8

(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;

(3)

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

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

Redress

  • Mr Tom Watson

NC9

‘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.

  • Mr Tom Watson

92

page 106, line 23, leave out Schedule 4.

Trade in personal information

  • Mr Tom Watson

NC10

(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

(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—

‘(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.’.

  • 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

(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.’.

  • 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.

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.

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.

Regulations under this section shall specify the grounds on which an appeal may be made.

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.

Regulations under this section shall make provision for and in connection with the person to whom an appeal may be made.

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.

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;

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

(f) as to the payment to the appellant by the respondent of— the charge against which the appeal is made; 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— costs of the other party in relation to the adjudication; 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— requiring or authorising the person to whom an appeal is made to provide information relating to the appeal to the authority; 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.

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

(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.

(7) In this section “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.’.

  • Diana Johnson

107

Clause 54, page 37, line 23, after ‘apply’, insert ‘in relation to immobilisation achieved by way of a fixed barrier at the exit to a car park’.

  • Diana Johnson

108

Clause 54, page 37, line 27, at end insert—

‘(c) the vehicle is not registered in Great Britain or Northern Ireland.’.