House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

3401

House of Commons

Monday 10 October 2011

Consideration of Bill

New Amendments handed in are marked thus

Protection of Freedoms Bill

Note

The Amendments have been arranged in accordance with the Protection of

Freedoms Bill (Programme) (No. 3) Motion to be proposed by Secretary Theresa

May.

New Clauses and New Schedules Relating to, and Amendments to, Chapter

1 of Part 1

Alan Johnson

Hazel Blears

Mr David Hanson

Siobhain McDonagh

Andrew Percy

Philip Davies

Total signatories: 8

89

Page  3,  line  43  [Clause  3],  leave out from ‘offence’ to end of line 44.

Secretary Theresa May

1

Page  3,  line  44  [Clause  3],  leave out ‘any prescribed circumstances apply’ and

insert ‘the Commissioner for the Retention and Use of Biometric Material has consented

under section 63FA to the retention of the material’.

Consideration of Bill: 10 October 2011
3402

Protection of Freedoms Bill, continued

Alan Johnson

Hazel Blears

Mr David Hanson

Siobhain McDonagh

Andrew Percy

Philip Davies

Total signatories: 8

91

Page  4,  line  2  [Clause  3],  leave out ‘3’ and insert ‘6’.

Alan Johnson

Hazel Blears

Mr David Hanson

Siobhain McDonagh

Andrew Percy

Philip Davies

Total signatories: 8

92

Page  4,  line  4  [Clause  3],  leave out ‘3’ and insert ‘6’.

Secretary Theresa May

Alan Johnson

Hazel Blears

Mr David Hanson

Siobhain McDonagh

Andrew Percy

Total signatories: 9

2

Page  4  [Clause  3],  leave out lines 24 to 31.

Secretary Theresa May

3

Page  4  [Clause  3],  leave out lines 43 and 44.

Secretary Theresa May

4

Page  5  [Clause  3],  leave out lines 6 to 11.

Secretary Theresa May

5

Page  5,  line  11  [Clause  3],  at end insert—



‘63FA
Retention of section 63D material by virtue of section 63F(5): consent

of Commissioner

(1)
The responsible chief officer of police may apply under subsection (2) or

(3) to the Commissioner for the Retention and Use of Biometric Material

for consent to the retention of section 63D material which falls within

section 63F(5)(a) and (b).

Consideration of Bill: 10 October 2011
3403

Protection of Freedoms Bill, continued

(2)
The responsible chief officer of police may make an application under

this subsection if the responsible chief officer of police considers that the

material was taken (or, in the case of a DNA profile, derived from a

sample taken) in connection with the investigation of an offence where

any alleged victim of the offence was, at the time of the offence—

(a)
under the age of 18,

(b)
a vulnerable adult, or

(c)
associated with the person to whom the material relates.

(3)
The responsible chief officer of police may make an application under

this subsection if the responsible chief officer of police considers that—

(a)
the material is not material to which subsection (2) relates, but

(b)
the retention of the material is necessary to assist in the

prevention or detection of crime.

(4)
The Commissioner may, on an application under this section, consent to

the retention of material to which the application relates if the

Commissioner considers that it is appropriate to retain the material.

(5)
But where notice is given under subsection (6) in relation to the

application, the Commissioner must, before deciding whether or not to

give consent, consider any representations by the person to whom the

material relates which are made within the period of 28 days beginning

with the day on which the notice is given.

(6)
The responsible chief officer of police must give to the person to whom

the material relates notice of—

(a)
an application under this section, and

(b)
the right to make representations.

(7)
A notice under subsection (6) may, in particular, be given to a person

by—

(a)
leaving it at the person’s usual or last known address (whether

residential or otherwise),

(b)
sending it to the person by post at that address, or

(c)
sending it to the person by email or other electronic means.

(8)
The requirement in subsection (6) does not apply if the whereabouts of

the person to whom the material relates is not known and cannot, after

reasonable inquiry, be ascertained by the responsible chief officer of

police.

(9)
An application or notice under this section must be in writing.

(10)
In this section—

“victim” includes intended victim,

“vulnerable adult” has the meaning given by section 60(1) of the

Safeguarding Vulnerable Groups Act 2006,


and the reference in subsection (2)(c) to a person being associated with

another person is to be read in accordance with section 62(3) to (7) of the

Family Law Act 1996.’.

Consideration of Bill: 10 October 2011
3404

Protection of Freedoms Bill, continued

Alan Johnson

Hazel Blears

Mr David Hanson

Siobhain McDonagh

Andrew Percy

Philip Davies

Total signatories: 8

94

Page  5,  line  32  [Clause  4],  at end insert ‘Otherwise the retention period is 6 years.’.

Alan Johnson

Hazel Blears

Mr David Hanson

Siobhain McDonagh

Andrew Percy

Philip Davies

Total signatories: 8

83

Page  5,  line  34  [Clause  4],  at end add—

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

is three years.’.

Secretary Theresa May

6

Page  7,  line  33  [Clause  8],  after ‘2001’ insert ‘and in respect of whom no

proceedings are brought for the offence to which the notice relates’.

Alan Johnson

Hazel Blears

Mr David Hanson

Siobhain McDonagh

Andrew Percy

Philip Davies

Total signatories: 8

84

Page  8,  line  5  [Clause  9],  after ‘retained’, insert ‘for an initial period of six years,

then’.

Secretary Theresa May

7

Page  11,  line  43  [Clause  17],  at end insert—

‘(2A)
Sections 63D to 63P, 63R and 63S do not apply to material which is, or may

become, disclosable under—

Consideration of Bill: 10 October 2011
3405

Protection of Freedoms Bill, continued

(a)
the Criminal Procedure and Investigations Act 1996, or

(b)
a code of practice prepared under section 23 of that Act and in operation

by virtue of an order under section 25 of that Act.

(2B)
Sections 63D to 63S do not apply to material which—

(a)
is taken from a person, but

(b)
relates to another person.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

Yvette Cooper

108

Page  13,  line  26  [Clause  20],  leave out from ‘must’ to end of line 28 and insert—


‘place a report in both Houses, after consultation with the Association of

Chief Police Officers (ACPO), on the suitability of a Commissioner for

the Retention and Use of Biometric Material (referred to in this section

and sections 21 and 22 as “the Commissioner”.

(1A)
Subject to the approval of a report laid under subection (1) by resolution of both

Houses of Parliament, the Secretary of State may appoint a Commissioner to be

known as the Commissioner for the Retention and Use of Biometric Material.’.

Secretary Theresa May

8

Page  13,  line  28  [Clause  20],  leave out ‘sections 21 and 22’ and insert ‘section 21’.

Secretary Theresa May

9

Page  13,  line  38  [Clause  20],  at end insert—

‘(iiia)
paragraph 11 of Schedule 6 to the Terrorism Prevention and

Investigation Measures Act 2011 (paragraph 6 material retained

for purposes of national security),’.

Secretary Theresa May

10

Page  14,  line  10  [Clause  20],  after ‘functions’ insert ‘under subsection (2)’.

Secretary Theresa May

11

Page  14,  line  17  [Clause  20],  at end insert—

‘(5A)
The Commissioner also has the function of keeping under review—

(a)
the retention and use in accordance with sections 63A and 63D to 63S of

the Police and Criminal Evidence Act 1984 of—

Consideration of Bill: 10 October 2011
3406

Protection of Freedoms Bill, continued

(i)
any material to which section 63D or 63Q of that Act applies

(fingerprints, DNA profiles and samples), and

(ii)
any copies of any material to which section 63D of that Act

applies (fingerprints and DNA profiles),

(b)
the retention and use in accordance with paragraphs 20A to 20I of

Schedule 8 to the Terrorism Act 2000 of—

(i)
any material to which paragraph 20A or 20G of that Schedule

applies (fingerprints, relevant physical data, DNA profiles and

samples), and

(ii)
any copies of any material to which paragraph 20A of that

Schedule applies (fingerprints, relevant physical data and DNA

profiles),

(c)
the retention and use in accordance with sections 18 to 18E of the

Counter-Terrorism Act 2008 of—

(i)
any material to which section 18 of that Act applies (fingerprints,

DNA samples and DNA profiles), and

(ii)
any copies of fingerprints or DNA profiles to which section 18

of that Act applies,

(d)
the retention and use in accordance with paragraphs 5 to 14 of Schedule

6 to the Terrorism Prevention and Investigation Measures Act 2011 of—

(i)
any material to which paragraph 6 or 12 of that Schedule applies

(fingerprints, relevant physical data, DNA profiles and samples),

and

(ii)
any copies of any material to which paragraph 6 of that Schedule

applies (fingerprints, relevant physical data and DNA profiles).

(5B)
But subsection (5A) does not apply so far as the retention or use of the material

falls to be reviewed by virtue of subsection (2).

(5C)
In relation to Scotland—

(a)
the reference in subsection (5A)(b) to use of material, or copies of

material, in accordance with paragraphs 20A to 20I of Schedule 8 to the

Terrorism Act 2000 includes a reference to use of material, or copies of

material, in accordance with section 19C(2)(c) and (d) of the Criminal

Procedure (Scotland) Act 1995, and

(b)
the reference in subsection (5A)(d) to use of material, or copies of

material, in accordance with paragraphs 5 to 14 of Schedule 6 to the

Terrorism Prevention and Investigation Measures Act 2011 is to be read

as a reference to use only for a purpose mentioned in paragraph 13(1)(a)

or (b) of that Schedule to that Act.

(5D)
The Commissioner also has functions under sections 63F(5)(c) and 63FA (giving

of consent in relation to the retention of certain section 63D material).’.

Secretary Theresa May

12

Page  14,  line  36  [Clause  21],  leave out ‘carrying out of those’ and insert

“Commissioner’s’.

Secretary Theresa May

13

Page  14,  line  39  [Clause  21],  leave out from ‘the’ to end of line 40 and insert

‘Commissioner’s functions.’.

Consideration of Bill: 10 October 2011
3407

Protection of Freedoms Bill, continued

Secretary Theresa May

14

Page  15,  line  14  [Clause  22],  after ‘Commissioner’ insert ‘for the Retention and

Use of Biometric Material’.

Secretary Theresa May

15

Page  16,  line  12  [Clause  24],  leave out ‘this section’ and insert ‘subsection (2).

(3A)
The National DNA Database Strategy Board may issue guidance about the

circumstances in which applications may be made to the Commissioner for the

Retention and Use of Biometric Material under section 63FA.

(3B)
Before issuing any such guidance, the National DNA Database Strategy Board

must consult the Commissioner for the Retention and Use of Biometric

Material.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

Yvette Cooper

109

Page  16,  line  27  [Clause  25],  at end insert—

‘(1A)
The provisions of this Chapter may not come into force until the conditions of

20(1) have been met.’.

Alan Johnson

Hazel Blears

Mr David Hanson

Siobhain McDonagh

Andrew Percy

Philip Davies

Total signatories: 8

85

Page  16,  line  33  [Clause  25],  leave out ‘3’ and insert ‘6’.

Alan Johnson

Hazel Blears

Mr David Hanson

Siobhain McDonagh

Andrew Percy

Philip Davies

Total signatories: 8

86

Page  16,  line  39  [Clause  25],  leave out ‘3’ and insert ‘6’.



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