Session 2010 - 12
Internet Publications
Other Bills before Parliament


 
 

Public Bill Committee: 26 April 2011                  

96

 

Protection of Freedoms Bill, continued

 
 

(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.’.

 


 

Mr Tom Watson

 

92

 

Page  106,  line  23,  leave out Schedule 4.

 


 

James Brokenshire

 

109

 

Parliamentary Star - white    

Clause  60,  page  40,  line  6,  leave out from beginning to end of line and insert

 

‘Before section 48 of the Terrorism Act 2000 (and the italic cross-heading before it)’.

 

James Brokenshire

 

110

 

Parliamentary Star - white    

Clause  60,  page  40,  line  7,  at end insert—

 

‘“Powers to stop and search in specified locations’.

 

James Brokenshire

 

111

 

Parliamentary Star - white    

Clause  60,  page  40,  line  8,  leave out ‘“43B’ and insert ‘47A’.

 


 

James Brokenshire

 

112

 

Parliamentary Star - white    

Clause  61,  page  41,  line  12,  leave out ‘43B’ and insert ‘47A’.

 

James Brokenshire

 

113

 

Parliamentary Star - white    

Clause  61,  page  41,  leave out line 13 and insert—

 

‘“Code of practice relating to sections 43, 43A and 47A

 

47AA  

Code of practice relating to sections 43, 43A and 47A’.

 

 



 
 

Public Bill Committee: 26 April 2011                  

97

 

Protection of Freedoms Bill, continued

 
 

James Brokenshire

 

114

 

Parliamentary Star - white    

Schedule  7,  page  121,  line  31,  leave out ‘, vehicles and acts of terrorism’ and insert

 

‘etc.’.

 

James Brokenshire

 

115

 

Parliamentary Star - white    

Schedule  7,  page  122,  line  10,  after ‘paragraph (a)’ insert ‘—

 

(i)    

’.

 

James Brokenshire

 

116

 

Parliamentary Star - white    

Schedule  7,  page  122,  line  10,  leave out ‘43B’ and insert ‘47A’.

 

James Brokenshire

 

117

 

Parliamentary Star - white    

Schedule  7,  page  122,  line  10,  at end insert ‘and

 

(ii)    

after “(power to stop and search)” insert “(including that section

 

as it had effect by virtue of the Terrorism Act 2000 (Remedial)

 

Order 2011 (S.I. 2011/631)”,’.

 

James Brokenshire

 

118

 

Parliamentary Star - white    

Schedule  7,  page  122,  line  14,  leave out from ‘for’ to ‘, and’ and insert ‘the words

 

from “had” to “section 44 of the Terrorism Act 2000” substitute “previously had effect for

 

similar purposes”’.

 

James Brokenshire

 

119

 

Parliamentary Star - white    

Schedule  7,  page  123,  line  29,  at end insert—

 

‘Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631)

 

28A      

The Terrorism Act 2000 (Remedial) Order 2011 is revoked.’.

 


 

James Brokenshire

 

120

 

Parliamentary Star - white    

Schedule  8,  page  133,  line  30,  at end insert—

 

‘Terrorism Act 2000 (Remedial)

The whole instrument.’.

 
 

Order 2011 (S.I. 2011/631)

  
 



 
 

Public Bill Committee: 26 April 2011                  

98

 

Protection of Freedoms Bill, continued

 
 

New ClauseS

 

Destruction of data relating to a person subject to a control order

 

Vernon Coaker

 

Diana Johnson

 

Clive Efford

 

Mark Tami

 

NC1

 

To move the following Clause:—

 

‘(1)    

This section applies to material falling within subsection (2) relating to a person

 

who—

 

(a)    

has no previous convictions or only one exempt conviction or excluded

 

offence, and

 

(b)    

is subject to a control order.

 

(2)    

Material falls within this subsection if it is—

 

(a)    

fingerprints taken from the person, or

 

(b)    

a DNA profile derived from a DNA sample taken from the person.

 

(3)    

The material must be destroyed before the end of the period of two years

 

beginning with the date on which the person ceases to be subject to a control

 

order.

 

(4)    

This section ceases to have effect in relation to the material if the person is

 

convicted—

 

(a)    

in England and Wales or Northern Ireland of a recordable offence, or

 

(b)    

in Scotland of an offence which is punishable by imprisonment, before

 

the material is required to be destroyed by virtue of this section.

 

(5)    

For the purposes of subsection (1)—

 

(a)    

a person has no previous convictions if the person has not previously

 

been convicted—

 

(i)    

in England and Wales or Northern Ireland of a recordable

 

offence, or

 

(ii)    

in Scotland of an offence which is punishable by imprisonment,

 

and

 

(b)    

if the person has been previously convicted of a recordable offence in

 

England and Wales or Northern Ireland, the conviction is exempt if it is

 

in respect of a recordable offence other than a qualifying offence,

 

committed when the person is aged under 18.

 

(6)    

For the purposes of that subsection—

 

(a)    

a person is to be treated as having been convicted of an offence if—

 

(i)    

he has been given a caution in England and Wales or Northern

 

Ireland in respect of the offence which, at the time of the caution,

 

he has admitted, or

 

(ii)    

he has been warned or reprimanded under section 65 of the

 

Crime and Disorder Act 1998 for the offence, and

 

(b)    

if a person is convicted of more than one offence arising out of a single

 

course of action, those convictions are to be treated as a single

 

conviction.

 

(7)    

In this section—

 

(a)    

“recordable offence” has, in relation to a conviction in Northern Ireland,

 

the meaning given by Article 2(2) of the Police and Criminal Evidence

 

(Northern Ireland) Order 1989, and


 
 

Public Bill Committee: 26 April 2011                  

99

 

Protection of Freedoms Bill, continued

 
 

(b)    

“qualifying offence” has, in relation to a conviction in respect of a

 

recordable offence committed in Northern Ireland, the meaning given by

 

Article 53A of that Order.’.

 


 

Implied consent

 

Mr Tom Watson

 

John Robertson

 

NC2

 

To move the following Clause:—

 

‘(1)    

In Schedule 2 to the Data Protection Act 1998 (conditions relevant for purposes

 

of the first principle: processing of any personal data) in paragraph 1 after “his”

 

there is inserted “explicit”.’.

 


 

Power of entry

 

Mr Tom Watson

 

John Robertson

 

NC3

 

To move the following Clause:—

 

‘(1)    

After section 50 of the Data Protection Act 1998 insert—

 

“General Power of Entry and Inspection

 

50A    

Power of Commissioner to Enter and Inspect business premises

 

(1)    

The Commissioner may enter a data controller’s business premises and

 

inspect—

 

(a)    

the premises,

 

(b)    

any equipment found on the premises which is used or intended

 

to be used for the processing of personal data, and

 

(c)    

any document or other material found on the premises which

 

may enable the Commissioner to determine whether the data

 

controller has complied or is complying with the data protection

 

principles,

 

    

if the inspection is reasonably required for the purpose of checking that

 

data controller’s compliance with the data protection principles.

 

(2)    

The powers under this section do not include a power to enter or inspect

 

any part of the premises that is used solely as a dwelling.

 

(3)    

A data controller is not required to produce or permit to be inspected any

 

material which is exempt under Part IV of this Act.


 
 

Public Bill Committee: 26 April 2011                  

100

 

Protection of Freedoms Bill, continued

 
 

(4)    

Where a document (or a copy of a document) is produced to, or inspected

 

by, the Commissioner, he may take copies of, or make extracts from, the

 

document.

 

(5)    

Any person who obstructs the exercise of a power conferred by this

 

section is guilty of an offence.

 

(6)    

In this section—

 

(a)    

“inspect” in relation to equipment includes the operation or

 

testing of that equipment.

 

50B    

Carrying out inspections

 

(1)    

An inspection under section 50A may be carried out at any reasonable

 

time.

 

(2)    

The Commissioner when seeking to carry out an inspection must provide

 

a notice in writing as follows—

 

(a)    

if the occupier of the premises is present at the time the

 

inspection is to begin, the notice must be provided to the

 

occupier,

 

(b)    

if the occupier of the premises is not present but a person who

 

appears to the officer to be in charge of the premises is present,

 

the notice must be provided to that person, and

 

(c)    

in any other case, the notice must be left in a prominent place on

 

the premises.

 

(3)    

The notice referred to in subsection (2) must state the possible

 

consequences of obstructing the Commissioner in the exercise of the

 

power.”’.

 


 

Damages

 

Mr Tom Watson

 

NC4

 

To move the following Clause:—

 

‘(1)    

In section 13(2) of the Data Protection Act 1998—

 

(a)    

leave out “if”, and

 

(b)    

leave out paragraphs (a) and (b).’.

 


 

Privacy Commissioner

 

Mr Tom Watson

 

John Robertson

 

NC5

 

To move the following Clause:—


 
 

Public Bill Committee: 26 April 2011                  

101

 

Protection of Freedoms Bill, continued

 
 

‘(1)    

The Secretary of State shall appoint a Commissioner to be known as the Privacy

 

Commissioner (referred to in this section as “the Commissioner”).

 

(2)    

It shall be the duty to the Commissioner to promote respect for individual privacy

 

and data protection.

 

(3)    

The Commissioner shall have all the duties and functions set out in—

 

(a)    

section 51 of the Data Protection Act 1998 (Data Protection

 

Commissioner),

 

(b)    

section 57 of the Regulation of Investigatory Powers Act 2000

 

(Interception of Communications Commissioner),

 

(c)    

section 91 of the Police Act 1997 and section 62 of the Regulation of

 

Investigatory Powers Act 2000 (Chief Surveillance Commissioner),

 

(d)    

section 20 of this Act (Commissioner for the Retention and Use of

 

Biometric Material), and

 

(e)    

section 34 of this Act (Surveillance Camera Commissioner).

 

(4)    

The Commissioner shall have all the powers which attach to the offices set out in

 

subsection (3).

 

(5)    

The Commissioner shall arrange for the dissemination in such form and manner

 

as he considers appropriate of such information as it may appear to him expedient

 

to give to the public about any matter within the scope of his functions under this

 

Act, and may give advice to any person as to any of those matters.

 

(6)    

Any reference in any enactment, instrument or other document to a person

 

carrying out the duties and functions set out in subsection (3) shall be construed,

 

in relation to any time after the commencement of this section, as a reference to

 

the Commissioner.

 

(7)    

Any appointment made to any of the offices set out in subsection (3) is hereby

 

terminated.’.

 


 

Personal data

 

Mr Tom Watson

 

John Robertson

 

NC6

 

To move the following Clause:—

 

‘(1)    

In section 1(1) of the Data Protection Act 1998 (basic interpretative provisions),

 

for the definition of “personal data” substitute—

 

““personal data” has the same meaning as in the Data Protection Directive,

 

but shall not be taken to mean that the information must be biographical

 

in nature, compromise the privacy of the data subject or have the data

 

subject as its principal focus.”.’.

 



 
 

Public Bill Committee: 26 April 2011                  

102

 

Protection of Freedoms Bill, continued

 
 

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.’.

 


 

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;


 
previous section contents continue
 

© Parliamentary copyright
Revised 26 April 2011