House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 26 April 2011
103

Protection of Freedoms Bill, continued

(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 Secretary 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.’.

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

Public Bill Committee: 26 April 2011
104

Protection of Freedoms Bill, continued

(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).’.

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.’.

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

Public Bill Committee: 26 April 2011
105

Protection of Freedoms Bill, continued

(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.’.

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.

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.

Public Bill Committee: 26 April 2011
106

Protection of Freedoms Bill, continued

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: 26 April 2011
107

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;

(4)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 7.00 pm on Tuesday 17 May.



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