House of Commons Amendments

Session 2010 - 11
Internet Publications
Other Bills before Parliament

29

House of Commons

Tuesday 29 March 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

Diana Johnson

Clive Efford

Mark Tami

14

Clause  1,  page  1,  line  8,  leave out ‘DNA profiles’ and insert ‘removal of profile

from National DNA Database’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

24

Clause  1,  page  2,  leave out lines 24 to 27 and insert—

‘(6)
A speculative search of the DNA database and the national fingerprint database,

in relation to section 63D material, must be carried out.

(7)
The search must be carried out within such time as may reasonably be required

for the search.

(8)
In the event of the fingerprint, or DNA profile, being taken from a person in

connection with that person’s arrest and the arrest was unlawful or based on

mistaken identity, then the sample is exempt from (6) above.’.

Public Bill Committee: 29 March 2011
30

Protection of Freedoms Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

15

Clause  1,  page  2,  line  27,  at end add—

‘(6)
Samples taken from which a DNA profile is obtained of an individual who is

subsequently convicted of a crime will be held pending any further proceedings.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

16

Clause  3,  page  3,  line  14,  leave out ‘or (5)’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

17

Clause  3,  page  3,  line  17,  before ‘charged’, insert ‘arrested for, or’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

18

Clause  3,  page  3,  leave out lines 22 to 28.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

37

Clause  3,  page  3,  line  28,  at end insert—

‘(d)
prescribed circumstances will be set out in draft guidance by the

Secretary of State which must be laid before both Houses of Parliament;

(e)
the guidance must be approved by resolution of both Houses of

Parliament;

(f)
the prescribed circumstances must include rape and serious sexual

offences.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

19

Clause  3,  page  3,  line  30,  leave out ‘3’ and insert ‘6’.

Public Bill Committee: 29 March 2011
31

Protection of Freedoms Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

20

Clause  3,  page  3,  line  32,  leave out ‘3’ and insert ‘6’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

21

Clause  3,  page  3,  leave out from line 37 to end of Clause.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

28

Clause  3,  page  3,  leave out lines 37 to 39 and insert—

‘(7)
The responsible chief officer of police or a specified chief officer of police may

write to a person on the DNA database to notify them that an extension of the

retention period is necessary on an opt-out basis.

(7A)
If the person responds wanting to opt-out, the responsible chief officer of police

or a specified chief officer of police may apply to a District Judge (Magistrates’

Courts) for an order extending the retention period.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

29

Clause  3,  page  3,  leave out lines 37 to 39 and insert—

‘(7)
The responsible chief officer of police or a specified chief officer of police may

write to a person on the DNA database to notify them that an extension of the

retention period is necessary on an opt-out basis.

(7A)
If the person responds wanting to opt-out, the responsible chief officer of police

or a specified chief officer of police may apply to a District Judge (Magistrates’

Courts) for an order extending the retention period.

(7B)
The commencement of new section 63F shall not take place before the

following—

(a)
the Secretary of State must make an order made by statutory instrument

which sets out circumstances in which DNA will be retained and a

criteria for extension decisions,

(b)
the Statutory Instrument has been laid before, and approved by a

resolution of, both Houses of Parliament.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

30

Clause  3,  page  3,  leave out lines 37 to 39 and insert—

Public Bill Committee: 29 March 2011
32

Protection of Freedoms Bill, continued

‘(7)
The responsible chief officer of police or a specified chief officer of police may

write to a person on the DNA database to notify them that an extension of the

retention period is necessary on an opt-out basis.

(7A)
If the person responds wanting to opt-out, the responsible chief officer of police

or a specified chief officer of police may apply to a District Judge (Magistrates’

Courts) for an order extending the retention period.

(7B)
The person on the database may apply for the Court to be held on camera.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

31

Clause  3,  page  3,  leave out lines 37 to 39 and insert—

‘(7)
The responsible chief officer of police or a specified chief officer of police may

write to a person on the DNA database to notify them that an extension of the

retention period is necessary on an opt-out basis.

(7A)
If the person responds wanting to opt-out, the responsible chief officer of police

or a specified chief officer of police may apply to a District Judge (Magistrates’

Courts) for an order extending the retention period.

(7B)
The person will remain on the DNA database, including after the initial retention

period, if the court process is subject to delay.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

38

Clause  3,  page  4,  line  8,  at end insert ‘, where matters relating to national security

are involved’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

22

Clause  4,  page  5,  line  19,  at end insert ‘Otherwise the retention period is 6 years.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

23

Clause  4,  page  5,  line  21,  at end add—

‘(4)
If the person was under the age of 18 at the time of the offence the retention period

is 3 years.’.

Public Bill Committee: 29 March 2011
33

Protection of Freedoms Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

27

Clause  8,  page  7,  line  34,  at end add—

‘(3)
Subsections (1) and (2) cannot come into force until—

(a)
an inquiry has been conducted by Her Majesty’s Inspectorate of

Constabulary into the evidential basis for the benefits of taking DNA

from persons given a penalty notice,

(b)
the recommendations of that inquiry have been reported to the Secretary

of State,

(c)
the report of the inquiry has been laid before, and approved by

affirmative resolution of, both Houses of Parliament.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

36

Clause  9,  page  7,  line  39,  after ‘retained’, insert ‘for an initial period of six years,

then’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

25

Clause  13,  page  9,  line  22,  at end insert—

‘(3)
Before the DNA profile is destroyed, a speculative search of the DNA database

must be carried out.

(4)
The search must be carried out within such time as may reasonably be required

for the search.

(5)
In the event of the fingerprint, or DNA profile, being taken from a person in

connection with that person’s arrest and the arrest was unlawful or based on

mistaken identity, then the sample is exempt from (3) above.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

26

Clause  14,  page  10,  leave out lines 8 to 11 and insert—

Public Bill Committee: 29 March 2011
34

Protection of Freedoms Bill, continued

‘(7)
A speculative search of the DNA database and the national fingerprint database,

in relation to section 63D material, must be carried out.

(8)
The search must be carried out within such time as may reasonably be required

for the search.

(9)
In the event of the fingerprint, or DNA profile, being taken from a person in

connection with that person’s arrest and the arrest was unlawful or based on

mistaken identity, then the sample is exempt from (7) above.’.

James Brokenshire

1

Clause  18,  page  12,  line  32,  leave out ‘or’.

Mr Tom Watson

39


Clause  18,  page  12,  line  33,  leave out paragraph (b).

James Brokenshire

2

Clause  18,  page  12,  line  34,  at end insert—

‘(c)
a person who has been found not guilty of the offence by reason of

insanity, or

(d)
a person who has been found to be under a disability and to have done the

act charged in respect of the offence.’.

James Brokenshire

3

Clause  18,  page  12,  line  43,  at end insert—

‘(5)
See also section 65(3) (which deals with findings equivalent to those mentioned

in subsection (1)(c) or (d) by courts which exercise jurisdiction under the laws of

countries or territories outside England and Wales).’.

James Brokenshire

8

Schedule  1,  page  87,  line  42,  after ‘(a)’ insert ‘in relation to a recordable offence in

England and Wales or Northern Ireland—

(i)
’.

James Brokenshire

9

Schedule  1,  page  87,  line  45,  leave out ‘(b)’ and insert—

‘(ii)
the person has been found not guilty of the offence by reason

of insanity,

(iii)
the person has been found to be under a disability and to have

done the act charged in respect of the offence, or

(iv)
’.

Public Bill Committee: 29 March 2011
35

Protection of Freedoms Bill, continued

James Brokenshire

10

Schedule  1,  page  88,  line  6,  at end insert—

‘( )
the person, in relation to an offence in Scotland punishable by

imprisonment, has been acquitted on account of the person’s insanity

at the time of the offence or (as the case may be) by virtue of section

51A of the Criminal Procedure (Scotland) Act 1995,

( )
a finding in respect of the person has been made under section 55(2)

of the Criminal Procedure (Scotland) Act 1995 in relation to an

offence in Scotland punishable by imprisonment,’.

James Brokenshire

11

Schedule  1,  page  97,  line  6,  leave out ‘or’.

James Brokenshire

12

Schedule  1,  page  97,  line  8,  at end insert—

‘(c)
has been found not guilty of the offence by reason of insanity, or

(d)
has been found to be under a disability and to have done the act

charged in respect of the offence’.

James Brokenshire

13

Schedule  1,  page  100,  line  22,  at end insert—

‘Part 7

Corresponding Northern Ireland provision for excepted or reserved matters

etc.

8    (1)
The Secretary of State may make an order under sub-paragraph (2) or (3) if the

Secretary of State considers that the subject-matter in relation to Northern

Ireland of any provision of an Act of the Northern Ireland Assembly made in

2011 or 2012 (whether before or after the passing of this Act) is the same as

the subject-matter in relation to England and Wales of any provision made by

any of sections 1 to 18 and 23 to 25 of this Act.

      (2)
The Secretary of State may by order make excepted or reserved provision in

relation to Northern Ireland which is about the same subject-matter as any

provision made in relation to England and Wales by any of sections 1 to 18 and

23 to 25 of this Act.

      (3)
The Secretary of State may by order make such provision as the Secretary of

State considers appropriate in consequence of the Act of the Northern Ireland

Assembly or an order under sub-paragraph (2).

      (4)
The power to make an order under this paragraph—

(a)
is exercisable by statutory instrument,

(b)
includes power to make incidental, supplementary, transitional,

transitory or saving provision,

(c)
may, in particular, be exercised by amending, repealing, revoking or

otherwise modifying any provision made by or under an enactment

(including this Act).

      (5)
An order under this paragraph may not make provision which—



© Parliamentary copyright	Revised 29 March 2011