House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

89

House of Commons

Tuesday 26 April 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].

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—

Public Bill Committee: 26 April 2011
90

Protection of Freedoms Bill, continued

‘(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

Diana Johnson

Clive Efford

Mark Tami

54

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

‘(ga)
local authorities within the meaning of the Local Government Act 1972,

(gb)
the Greater London Authority,

(gc)
the Common Council of the City of London in its capacity as a local

authority,

(gd)
the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the

Middle Temple, in their capacity as a local authority,

(ge)
the Council of the Isles of Scilly,

(gf)
parish councils within the meaning of Local Government Act 1972,

(gg)
Police and Crime Commissioners,

(gh)
Police and Crime Panels,

(gi)
The Mayor’s office for Policing and Crime,

(gj)
the Common Council of the City of London in its capacity as a police

authority, and

(gk)
the Victim’s Commissioner.’.

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.’.

Public Bill Committee: 26 April 2011
91

Protection of Freedoms Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

81

Clause  29,  page  20,  line  25,  leave out ‘of objects or events’.

Vernon Coaker

Clive Efford

Diana Johnson

Mark Tami

99

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

‘(A1)
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).

Mr Tom Watson

John Robertson

43

Clause  33,  page  22,  line  34,  at end insert—

‘(ja)
the proprietor of a school within the meaning of the section 579(1) of the

Education Act 1996,

(jb)
the proprietor of a 16-19 Academy within the meaning of section 579(1)

of the Education Act 1996,

(jc)
the governing body of a further education institution within the meaning

section 90(1) of the Further and Higher Education Act 1992,’.

Public Bill Committee: 26 April 2011
92

Protection of Freedoms Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

55

Clause  33,  page  23,  line  13,  at end insert—

‘(ga)
local authorities within the meaning of the Local Government Act 1972,

(gb)
the Greater London Authority,

(gc)
the Common Council of the City of London in its capacity as a local

authority,

(gd)
the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the

Middle Temple, in their capacity as a local authority,

(ge)
the Council of the Isles of Scilly,

(gf)
parish councils within the meaning of Local Government Act 1972,

(gg)
Police and Crime Commissioners,

(gh)
Police and Crime Panels,

(gi)
The Mayor’s office for Policing and Crime,

(gj)
the Common Council of the City of London in its capacity as a police

authority, and

(gk)
the Victim’s Commissioner.’.

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.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

82

Clause  34,  page  23,  line  28,  after ‘it’, insert ‘and the processing of personal

information if that information relates to the code’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

83

Clause  34,  page  23,  line  28,  at end insert—

‘(d)
handling complaints and taking enforcement action in relation to

breaches of the code’.

Public Bill Committee: 26 April 2011
93

Protection of Freedoms Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

85

Clause  34,  page  23,  line  37,  at end add—

‘(5)
The Secretary of State shall keep under review the functions of the Surveillance

Camera Commissioner to ensure that those functions are not duplicated by the

Information Commissioner or any other public official.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

84

Clause  35,  page  23,  line  42,  after ‘commissioner’, insert ‘to include an assessment

of whether the code of practice should be extended to apply to all operators of surveillance

camera systems’.

James Brokenshire

4

Clause  37,  page  26,  line  38,  leave out ‘because it deals’ and insert ‘and would

deal’.

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.’.

James Brokenshire

5

Clause  38,  page  29,  line  40,  leave out ‘because it deals’ and insert ‘and would

deal’.

Public Bill Committee: 26 April 2011
94

Protection of Freedoms Bill, continued

James Brokenshire

6

Clause  45,  page  33,  line  7,  leave out ‘because it deals’ and insert ‘and would deal’.

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 entry and associated

powers in England and Wales.’.

James Brokenshire

7

Clause  47,  page  34,  line  36,  leave out ‘because it deals’ and insert ‘and would

deal’.

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.’.

Mr Tom Watson

90

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

Mr Tom Watson

91

Page  38,  line  24,  leave out Clause 56.

Public Bill Committee: 26 April 2011
95

Protection of Freedoms Bill, continued

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;

(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;



© Parliamentary copyright	Revised 26 April 2011