House of Commons Public Bill Committee Proceedings

Session 2010 - 12
Internet Publications
Other Bills before Parliament

49

House of Commons

Thursday 12 May 2011

Public Bill Committee Proceedings

Protection of Freedoms Bill

[seventeenth and eighteenth sittings]

Clauses 82 and 83 Agreed to.

Diana Johnson

Negatived on division  204

Clause  84,  page  68,  leave out lines 8 and 9.

Diana Johnson

Negatived on division  205

Clause  84,  page  68,  line  16,  at end insert—

‘(c)
give reasons for the decision, and

(d)
on receipt of new information, review the decision and inform the

applicant of the outcome of the review.’.

Clause Agreed to.

Clauses 85 to 88 Agreed to.

Diana Johnson

Not called  206

Clause  89,  page  71,  line  20,  at end insert—

‘(7)
An applicant may appeal to the Home Office in order to remedy minor or

administrative errors in their application under section 82 without the need to

appeal to the High Court.’.

Clause Agreed to.

Clauses 90 and 91 Agreed to.

Public Bill Committee Proceedings: 12 May 2011
50

Protection of Freedoms Bill, continued

Lynne Featherstone

Agreed to  213

Clause  92,  page  74,  leave out lines 32 to 37.

Lynne Featherstone

Agreed to  214

Clause  92,  page  74,  line  44,  leave out ‘a’ and insert ‘the’.

Lynne Featherstone

Agreed to  215

Clause  92,  page  74,  leave out lines 45 and 46.

Lynne Featherstone

Agreed to  216

Clause  92,  page  74,  line  49,  leave out from beginning to ‘or’.

Lynne Featherstone

Agreed to  217

Clause  92,  page  75,  line  2,  leave out from first ‘a’ to end of line 3 and insert

‘relevant Crown work or a relevant Parliamentary work;

“relevant Crown work” means—

(a)
a copyright work in relation to which the Crown is the copyright

owner, or

(b)
a database in relation to which the Crown is the owner of the

database right;

“relevant Parliamentary work” means—

(c)
a copyright work in relation to which the House of Commons or

the House of Lords is the copyright owner, or

(d)
a database in relation to which the House of Commons or the

House of Lords is the owner of the database right;’.

Lynne Featherstone

Agreed to  218

Clause  92,  page  75,  leave out lines 35 to 41.

Lynne Featherstone

Agreed to  219

Clause  92,  page  75,  line  49,  leave out ‘a’ and insert ‘the’.

Lynne Featherstone

Agreed to  220

Clause  92,  page  76,  leave out lines 1 and 2.

Lynne Featherstone

Agreed to  221

Clause  92,  page  76,  line  5,  leave out from beginning to ‘or’ in line 6.

Lynne Featherstone

Agreed to  222

Clause  92,  page  76,  line  8,  leave out from ‘a’ to end of line 9 and insert ‘relevant

Crown work or a relevant Parliamentary work;

“relevant Crown work” means—

Public Bill Committee Proceedings: 12 May 2011
51

Protection of Freedoms Bill, continued

(e)
a copyright work in relation to which the Crown is the copyright

owner, or

(f)
a database in relation to which the Crown is the owner of the

database right;

“relevant Parliamentary work” means—

(g)
a copyright work in relation to which the House of Commons or

the House of Lords is the copyright owner, or

(h)
a database in relation to which the House of Commons or the

House of Lords is the owner of the database right;’.

Clause, as amended, Agreed to.

Clauses 93 and 94 Agreed to.

Lynne Featherstone

Agreed to  150

Clause  95,  page  78,  line  9,  at end insert—

‘( )
In paragraph 2(1) of Schedule 5 to the Data Protection Act 1998 (maximum term

of appointment for the Information Commissioner) for “five years” substitute

“seven years”.’.

Lynne Featherstone

Agreed to  151

Clause  95,  page  78,  line  10,  leave out from first ‘of’ to ‘(removal’ and insert ‘that

Schedule to that Act’.

Clause, as amended, Agreed to.

Clauses 96 to 101 Agreed to.

James Brokenshire

Agreed to  190

Schedule  7,  page  119,  line  43,  at end insert—

‘77B
Procedure for order of district judge under section 23A or 32A:

Northern Ireland

(1)
The Lord Chancellor may by order make further provision about the

procedure and practice to be followed in relation to an application to a

district judge (magistrates’ courts) in Northern Ireland for an order

under section 23A or 32A.

(2)
Such an order may, in particular, provide—

(a)
for the manner in which, and time within which, an

application may be made,

(b)
that the district judge (magistrates’ courts) is to determine an

application—

(i)
in chambers,

Public Bill Committee Proceedings: 12 May 2011
52

Protection of Freedoms Bill, continued

(ii)
in the absence of the person to whom the

authorisation or notice which is the subject of the

application relates,

(c)
that any hearing is to be held in private,

(d)
that notice of an order given is not to be given to—

(i)
the person to whom the authorisation or notice which

is the subject of the order relates, or

(ii)
such a person’s legal representatives.

(3)
An order of the Lord Chancellor under this section may not make

provision which, if it were contained in an Act of the Northern Ireland

Assembly, would be within the legislative competence of the Northern

Ireland Assembly and would deal with a transferred matter (within the

meaning of section 4(1) of the Northern Ireland Act 1998).

(4)
The power of the Magistrates’ Courts Rules Committee under Article

13 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I.

1981/1675 (N.I. 26)) to regulate and prescribe the procedure and

practice to be followed in relation to an application to a district judge

(magistrates’ courts) in Northern Ireland for an order under section

23A or 32A is subject to, but is not otherwise constrained by, sections

23B and 32B and any order made under this section.’.

James Brokenshire

Agreed to  191

Schedule  7,  page  119,  line  44,  leave out from ‘section’ to end of line 45 and insert

‘78 (orders, regulations and rules)—

(a)
in subsection (1) after “the Secretary of State” insert “or the Lord

Chancellor”,

(b)
in subsection (3)(a)—’.

James Brokenshire

Agreed to  192

Schedule  7,  page  120,  line  2,  at end insert ‘, and

(c)
in subsection (5) after “the Secretary of State” insert “or (as the case

may be) the Lord Chancellor”’.

James Brokenshire

Agreed to  114

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

‘etc.’.

James Brokenshire

Agreed to  115

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

(i)
’.

James Brokenshire

Agreed to  116

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

Public Bill Committee Proceedings: 12 May 2011
53

Protection of Freedoms Bill, continued

James Brokenshire

Agreed to  117

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

Agreed to  118

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

Agreed to  119

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.’.

Lynne Featherstone

Agreed to  193

Schedule  7,  page  123,  line  37,  at end insert—

‘31A (1)
Section 119 (sources of information) is amended as follows.

      (2)
In subsection (2) omit “or for the purposes of section 24 of the Safeguarding

Vulnerable Groups Act 2006”.

      (3)
In subsection (8)—

(a)
omit paragraph (c), and

(b)
in paragraph (d) for “that Act” substitute “the Safeguarding

Vulnerable Groups Act 2006”.

31B
In section 119B(5) (independent monitor) omit paragraphs (d) and (e).’.

Lynne Featherstone

Agreed to  152

Schedule  7,  page  125,  line  24,  at end insert—

‘53A (1)
Section 50A (provision of information to the police) is amended as follows.

      (2)
In subsection (2) for “power conferred by subsection (1) does” substitute

“powers conferred by this section do”.

      (3)
In subsection (3) for “subsection (1)” substitute “this section”.

      (4)
In the heading to section 50A, and in the italic cross-heading before it, after

“police” insert “etc.”.’.

Lynne Featherstone

Agreed to  153

Schedule  7,  page  125,  leave out line 34 and insert—

‘(a)
in paragraph (a) for “45(1), (5) or (9)” substitute “45(9)”,

(aa)
omit paragraph (c), and’.

Lynne Featherstone

Agreed to  154

Schedule  7,  page  126,  line  17,  at beginning insert—

Public Bill Committee Proceedings: 12 May 2011
54

Protection of Freedoms Bill, continued

    ‘(1)
Schedule 3 (barred lists) is amended as follows.

      (2)
In paragraph 24, omit sub-paragraphs (8) and (9).

      (3)
’.

Lynne Featherstone

Agreed to  155

Schedule  7,  page  126,  line  17,  leave out from ‘25(1)’ to ‘for’ in line 18.

Lynne Featherstone

Agreed to  235

Schedule  7,  page  126,  line  26,  at end insert—

‘Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

62A
The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I.

2007/1351 (N.I.11)) is amended as follows.

62B(1)
Article 2 (interpretation) is amended as follows.

      (2)
In the first paragraph (2)—

(a)
omit the definition of “institution of further education”, and

(b)
in the definition of “personnel supplier”, in sub-paragraph (b), omit

“or controlled”.

      (3)
Renumber the second paragraph (2) as paragraph (2A).

      (4)
Omit paragraph (3).

62C
In Article 8(1) (appeals)—

(a)
omit sub-paragraph (a),

(b)
in sub-paragraph (b)—

(i)
after “paragraph” insert “2,”,

(ii)
after “5,” insert “8,”, and

(iii)
for “that Schedule” substitute “Schedule 1”, and

(c)
in sub-paragraph (c) for “or 18” substitute “, 18 or 18A”.

62D
In Article 9(4) (regulated activity), omit sub-paragraphs (c) and (e).

62E
In Article 10(8) (regulated activity providers)—

(a)
omit sub-paragraphs (a) and (c), and

(b)
in sub-paragraph (d)—

(i)
for “sub-paragraph (a) or (c) of Article 3(10)” substitute

“paragraph 7(3E)(a) or (c) of Schedule 2”, and

(ii)
for “mentioned in that paragraph” substitute “exercisable by

virtue of that position”.

62F
In Article 11(5) (barred person not to engage in regulated activity) omit sub-

paragraphs (b) and (c).

62G
Omit Article 12 (person not to engage in regulated activity unless subject to

monitoring).

62H
In Article 13(5) (use of barred person for regulated activity) omit sub-

paragraphs (b) and (c).

62I
Omit Article 14 (use of person not subject to monitoring for regulated activity).

62J
Omit Article 15 and Schedule 3 (regulated activity provider: failure to check).

62K
Omit Article 16 and Schedule 4 (personnel suppliers: failure to check).

62L
Omit Article 17 (educational establishments: check on members of governing

body).

62M
Omit Article 18 (office holders: offences).

Public Bill Committee Proceedings: 12 May 2011
55

Protection of Freedoms Bill, continued

62N
Omit Article 19 (Articles 17 and 18: checks).

62O
Omit Article 20 (exception to requirement to make monitoring check).

62P
Omit Article 21 (HSS employment).

62Q(1)
Article 22 (offences: companies etc.) is amended as follows.

      (2)
In paragraph (1)—

(a)
omit “, 14, 15, 27, 31”, and

(b)
omit “or Schedule 4”.

      (3)
In paragraph (2)—

(a)
omit “, 14, 15, 27, 31”, and

(b)
omit “or Schedule 4”.

62R(1)
Article 23 (offences: other persons) is amended as follows.

      (2)
Omit paragraph (1).

      (3)
Omit paragraphs (3) and (4).

      (4)
Omit paragraphs (6) and (7).

      (5)
In paragraph (8)—

(a)
for “paragraphs (2)(b) and (3)(b)” substitute “paragraph (2)(b)”, and

(b)
omit sub-paragraphs (b) and (c).

      (6)
Omit paragraph (9).

62S
In Article 24 (Article 23: exclusions and defences), omit paragraphs (2) to (7).

62T
In Article 37 (regulated activity providers: duty to refer)—

(a)
in paragraph (1), omit sub-paragraph (b), and

(b)
omit paragraph (6).

62U(1)
Article 38 (personnel suppliers: duty to refer) is amended as follows.

      (2)
In paragraph (1) omit “or controlled activity”.

      (3)
In paragraph (3)(a) omit “or controlled”.

62V(1)
Article 39 (regulated activity providers: duty to provide information on request

etc.) is amended as follows.

      (2)
In paragraph (2)—

(a)
omit sub-paragraph (b), and

(b)
in sub-paragraph (d), omit “or controlled”.

      (3)
In paragraph (4) omit “or controlled”.

      (4)
In paragraph (5) omit “or controlled”.

62W(1)
Article 52A (provision of information to the police) is amended as follows.

      (2)
In paragraph (2) for “power conferred by paragraph (1) does” substitute

“powers conferred by this Article do”.

      (3)
In the heading to Article 52A, after “Police”, insert “etc.”.

62X
In Article 53(5) (Crown application), omit sub-paragraph (b).

62Y(1)
Article 56 (alignment with rest of UK) is amended as follows.

      (2)
In paragraph (2) omit sub-paragraph (a).

      (3)
In paragraph (3) omit sub-paragraph (b) (but not the word “or” at the end of it).

      (4)
In paragraph (4) omit sub-paragraph (b) (but not the word “or” at the end of it).

      (5)
Omit paragraph (5).

62Z
In Article 57(1)(c) (damages) omit “prescribed”.

62AA (1)
Schedule 1(barred lists) is amended as follows.

      (2)
In paragraph 24, omit sub-paragraphs (8) and (9).

      (3)
In paragraph 25(1) for “will” substitute “may”.

62AB (1)
Schedule 5 (vetting information) is amended as follows.



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