House of Commons Amendments

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Public Bill Committee: 29 March 2011
36

Protection of Freedoms Bill, continued

(a)
deals with a transferred matter and, if it were contained in an Act of

the Northern Ireland Assembly, would be within the legislative

competence of the Northern Ireland Assembly,

(b)
if it were contained in an Act of the Scottish Parliament, would be

within the legislative competence of the Scottish Parliament, or

(c)
if it were contained in an Act of the National Assembly for Wales,

would be within the legislative competence of the National Assembly

for Wales.

      (6)
Subject to sub-paragraph (7), a statutory instrument containing an order under

this paragraph is not to be made unless a draft of the instrument has been laid

before, and approved by a resolution of, each House of Parliament.

      (7)
A statutory instrument containing an order under this paragraph which neither

amends nor repeals any provision of primary legislation is subject to

annulment in pursuance of a resolution of either House of Parliament.

      (8)
In this paragraph—

“enactment” includes an Act of the Scottish Parliament, a Measure or Act

of the National Assembly for Wales and Northern Ireland legislation,

“excepted or reserved provision” means provision which—

(a)
forms part of the law of Northern Ireland, but

(b)
does not deal with a transferred matter,

“primary legislation” means—

(c)
a public general Act,

(d)
an Act of the Scottish Parliament,

(e)
a Measure or Act of the National Assembly for Wales, and

(f)
Northern Ireland legislation,

“transferred matter” has the meaning given by section 4(1) of the Northern

Ireland Act 1998.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

32

Clause  25,  page  16,  line  12,  leave out ‘3’ and insert ‘6’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

33

Clause  25,  page  16,  line  22,  leave out ‘3’ and insert ‘6’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

34

Clause  25,  page  16,  line  25,  after ‘derived’, insert ‘6 years or more’.

Public Bill Committee: 29 March 2011
37

Protection of Freedoms Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

35

Clause  25,  page  16,  line  30,  at end insert—

‘(d)
in the case of material taken or derived less than six years before the

commencement day from a person who—

(i)
was arrested for, or charged with, the offence and

(ii)
has not been convicted of the offence,


the destruction of the material at the end of the period of six years

beginning with the day on which the material was taken or derived.’.

Mr Tom Watson

40


Clause  26,  page  17,  line  33,  at end add—

‘(7)
A person who contravenes or fails to comply with any requirement imposed on

him by this section is guilty of an offence and liable on summary conviction to a

fine not exceeding level 1 on the standard scale.’.

Mr Tom Watson

41


Clause  28,  page  18,  line  34,  after ‘about’, insert ‘or derived from’.

Mr Tom Watson

42


Clause  28,  page  18,  line  43,  at end insert—

‘(b)
biometric information does not, however, include a photographic image

of a person’s facial features or characteristics.’.

Mr Tom Watson

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: 29 March 2011
38

Protection of Freedoms Bill, continued

James Brokenshire

4

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

deal’.

James Brokenshire

5

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

deal’.

James Brokenshire

6

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

James Brokenshire

7

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

deal’.

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.

Public Bill Committee: 29 March 2011
39

Protection of Freedoms Bill, continued

(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

(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

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”.’.

Public Bill Committee: 29 March 2011
40

Protection of Freedoms Bill, continued

Power of entry

Mr Tom Watson

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.

(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.

Public Bill Committee: 29 March 2011
41

Protection of Freedoms Bill, continued

(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)
omit “if”, and

(b)
omit paragraphs (a) and (b).’.

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

Public Bill Committee: 29 March 2011
42

Protection of Freedoms Bill, continued

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.

Order of the Committee [22 March 2011]

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 10.30 am and 4.00 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;



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