House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Consideration of Bill: 10 October 2011
3426

Protection of Freedoms Bill, continued

“(c)
states whether the applicant is on a barred list maintained by the

Independent Safeguarding Authority in relation to work with

vulnerable adults or children (whichever is appropriate).”.’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

Yvette Cooper

112


Page  45  [Clause  63],  leave out lines 22 to 24.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

Yvette Cooper

113


Page  46  [Clause  63],  leave out lines 29 to 40.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

Yvette Cooper

114


Page  45,  line  22  [Clause  63],  leave out ‘day to day’ and after ‘subject to the’, insert

‘close and constant’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

Yvette Cooper

115


Page  46,  line  27  [Clause  63],  leave out ‘day to day’ and after ‘subject to the’, insert

‘close and constant’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

Yvette Cooper

116


Page  46,  line  37  [Clause  63],  leave out ‘day to day’ and after ‘subject to the’, insert

‘close and constant’.

Consideration of Bill: 10 October 2011
3427

Protection of Freedoms Bill, continued

Diana Johnson

Vernon Coaker

Mark Tami

Clive Efford

Yvette Cooper

111


Page  49  [Clause  66],  leave out from line 32 to line 5 on page 53 and insert—

‘(1)
In sub-paragraph (3) of paragraph 2 of Schedule 3 to the Safeguarding Vulnerable

Groups Act (inclusion subject to consideration of representations), after

paragraph (b) insert—

“(c)
give the person the opportunity to present evidence and call

witnesses at an oral hearing in front of a panel of at least two

persons.”.

(2)
After sub-paragraph (2) of paragraph 3 of that Schedule (behaviour) insert—

“(2A)
The right to representation must include the right to present evidence and

call witnesses at an oral hearing in front of at least two persons.”.

(3)
After sub-paragraph (2) of paragraph 5 of that Schedule (risk of harm) insert—

“(2A)
The right to representation must include the right to present evidence and

call witnesses at an oral hearing in front of at least two persons.”.

(4)
After sub-paragraph (3) of paragraph 8 of that Schedule (inclusion subject to

consideration of representations) after (b) insert—

“(c)
give the person the opportunity to present evidence and call

witnesses at an oral hearing in front of a panel of at least two

persons.”.

(5)
After sub-paragraph (2) of paragraph 9 of that Schedule (behaviour) insert—

“(2A)
The right to representation must include the right to present evidence and

call witnesses at an oral hearing in front of at least two persons.”.

(6)
After sub-paragraph (2) of paragraph 11 of that Schedule (risk of harm) insert—

“(2A)
The right to representation must include the right to present evidence and

call witnesses at an oral hearing in front of at least two persons.”.’.

Secretary Theresa May

22

Page  64,  line  16  [Clause  76],  at end insert—

‘(6)
After paragraph 5 of Schedule 4 to that Act (regulated activity relating to

children) insert—

“Guidance

5A  (1)
The Secretary of State must give guidance for the purpose of assisting

regulated activity providers and personnel suppliers in deciding

whether supervision is of such a kind that, as a result of paragraph

1(2B)(b), 2(3A) or 2(3B)(b), the person being supervised would not be

engaging in regulated activity relating to children.

      (2)
Before giving guidance under this paragraph, the Secretary of State

must consult the Welsh Ministers.

Consideration of Bill: 10 October 2011
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Protection of Freedoms Bill, continued

      (3)
The Secretary of State must publish guidance given under this

paragraph.

      (4)
A regulated activity provider or a personnel supplier must, in

exercising any functions under this Act, have regard to guidance for

the time being given under this paragraph.”’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

Yvette Cooper

117


Page  64,  line  33  [Clause  78],  at end insert—

‘(3)
After section 113A(3) of the Police Act 1997 (criminal record certificates)

insert—

“(3A)
The Secretary of State must make provision to ensure that the registered

person is informed when the criminal records certificate is issued.

(3B)
The Secretary of State must make provision to send a copy of the criminal

record certificate directly to the registered person when the individual

consents.”.

(4)
After section 113B(4) of that Act (enhanced criminal record certificates) insert—

“(4A)
The Secretary of State must make provision to ensure that the registered

person is informed when the enhanced criminal records certificate is

issued.

(4B)
The Secretary of State must make provision to send a copy of the

enhanced criminal record certificate directly to the registered person

when the individual consents.”’.

Secretary Theresa May

23

Page  70,  line  43  [Clause  87],  leave out from beginning to end of line 2 on page 71

and insert—

‘(7)
For the purposes of this section—

(a)
references to rights and liabilities of ISA include references to rights and

liabilities of ISA relating to a contract of employment, and

(b)
references to rights and liabilities of the Secretary of State include

references to rights and liabilities of the Crown relating to the terms of

employment of individuals in the civil service.

(7A)
Accordingly, a transfer scheme may, in particular, provide—

(a)
for an employee of ISA or (as the case may be) an individual employed

in the civil service to become an employee of DBS,

(b)
for the individual’s contract of employment with ISA or (as the case may

be) terms of employment in the civil service to have effect (subject to any

Consideration of Bill: 10 October 2011
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Protection of Freedoms Bill, continued

necessary modifications) as the terms of the individual’s contract of

employment with DBS,

(c)
for the transfer to DBS of rights and liabilities of ISA or (as the case may

be) the Crown under or in connection with the individual’s terms of

employment.’.

Secretary Theresa May

24

Page  71  [Clause  87],  leave out lines 8 and 9.

Secretary Theresa May

25

Page  77,  line  22  [Clause  97],  at end insert—

‘(7)
For the purposes of subsections (5) and (6) an attempt to commit an offence

includes conduct which—

(a)
consisted of frequenting with intent to commit the offence any river,

canal, street, highway, place of public resort or other location mentioned

in section 4 of the Vagrancy Act 1824 (as it then had effect) in connection

with frequenting by suspected persons or reputed thiefs, and

(b)
was itself an offence under that section.’.

Secretary Theresa May

63

Page  144,  line  26  [Schedule  7],  at end insert—

    ‘(6)
After paragraph 5 of Schedule 2 to that Order (regulated activity relating to

children) insert—

“Guidance

5A  (1)
The Secretary of State must give guidance for the purpose of

assisting regulated activity providers and personnel suppliers in

deciding whether supervision is of such a kind that, as a result of

paragraph 1(2B)(b), 2(3A) or 2(3B)(b), the person being supervised

would not be engaging in regulated activity relating to children.

      (2)
The Secretary of State must publish guidance given under this

paragraph.

      (3)
A regulated activity provider or a personnel supplier must, in

exercising any functions under this Order, have regard to guidance

for the time being given under this paragraph.”’.

Consideration of Bill: 10 October 2011
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Protection of Freedoms Bill, continued

Secretary Theresa May

64

Page  148,  line  23  [Schedule  8],  at end insert—

‘Use of information

15A
Information obtained by DBS in connection with the exercise of any of its

functions may be used by DBS in connection with the exercise of any of its

other functions.’.

NEW CLAUSES AND NEW SCHEDULES RELATING TO, AND AMENDMENTS TO, PART 4,

CHAPTER 2 OF PART 1, CHAPTER 2 OF PART 2, CHAPTER 1 OF PART 3, AND PART 6

Emergency power for temporary extension and review of extensions

Secretary Theresa May

NC13

To move the following Clause:—

‘(1)
After Part 3 of Schedule 8 to the Terrorism Act 2000 (extension of detention of

terrorist suspects) insert—

“Part 4

Emergency power when parliament dissolved etc. for temporary

extension of maximum period for detention under section 41

38  (1)
The Secretary of State may make a temporary extension order if—

(a)
either—

(i)
Parliament is dissolved, or

(ii)
Parliament has met after a dissolution but the first

Queen’s Speech of the Parliament has not yet taken

place, and

(b)
the Secretary of State considers that it is necessary by reason

of urgency to make such an order.

      (2)
A temporary extension order is an order which provides, in relation to

the period of three months beginning with the coming into force of the

order, for paragraphs 36 and 37 to be read as if—

(a)
in paragraph 36(3)(b)(ii) for “14 days” there were substituted

“28 days”, and

(b)
the other modifications in sub-paragraphs (3) and (4) were

made.

      (3)
The other modifications of paragraph 36 are—

(a)
the insertion at the beginning of sub-paragraph (1) of “Subject

to sub-paragraphs (1ZA) to (1ZI),”,

(b)
the insertion, after sub-paragraph (1), of—

“(1ZA)
Sub-paragraph (1ZB) applies in relation to any proposed

application under sub-paragraph (1) for the further

extension of the period specified in a warrant of further

Consideration of Bill: 10 October 2011
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Protection of Freedoms Bill, continued

detention where the grant (otherwise than in accordance

with sub-paragraph (3AA)(b)) of the application would

extend the specified period to a time that is more than 14

days after the relevant time.

  (1ZB)
No person may make such an application—

(a)
in England and Wales, without the consent of the

Director of Public Prosecutions,

(b)
in Scotland, without the consent of the Lord

Advocate, and

(c)
in Northern Ireland, without the consent of the

Director of Public Prosecutions for Northern

Ireland,


unless the person making the application is the person

whose consent is required.

  (1ZC)
The Director of Public Prosecutions must exercise

personally any function under sub-paragraph (1ZB) of

giving consent.

  (1ZD)
The only exception is if—

(a)
the Director is unavailable, and

(b)
there is another person who is designated in

writing by the Director acting personally as the

person who is authorised to exercise any such

function when the Director is unavailable.

  (1ZE)
In that case—

(a)
the other person may exercise the function but

must do so personally, and

(b)
the Director acting personally—

(i)
must review the exercise of the function as

soon as practicable, and

(ii)
may revoke any consent given.

  (1ZF)
Where the consent is so revoked after an application has

been made or extension granted, the application is to be

dismissed or (as the case may be) the extension is to be

revoked.

  (1ZG)
Sub-paragraphs (1ZC) to (1ZF) apply instead of any other

provisions which would otherwise have enabled any

function of the Director of Public Prosecutions under sub-

paragraph (1ZB) of giving consent to be exercised by a

person other than the Director.

  (1ZH)
The Director of Public Prosecutions for Northern Ireland

must exercise personally any function under sub-paragraph

(1ZB) of giving consent unless the function is exercised

personally by the Deputy Director of Public Prosecutions

for Northern Ireland by virtue of section 30(4) or (7) of the

Justice (Northern Ireland) Act 2002 (powers of Deputy

Director to exercise functions of Director).

  (1ZI)
Sub-paragraph (1ZH) applies instead of section 36 of the

Act of 2002 (delegation of the functions of the Director of

Public Prosecutions for Northern Ireland to persons other

Consideration of Bill: 10 October 2011
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Protection of Freedoms Bill, continued

than the Deputy Director) in relation to the functions of the

Director of Public Prosecutions for Northern Ireland and

the Deputy Director of Public Prosecutions for Northern

Ireland under, or (as the case may be) by virtue of, sub-

paragraph (1ZB) above of giving consent.”,

(c)
the substitution, for “a judicial authority” in sub-paragraph

(1A), of “—

(a)
in the case of an application falling within sub-

paragraph (1B), a judicial authority; and

(b)
in any other case, a senior judge”,

(d)
the insertion, after sub-paragraph (1A), of—

“(1B)
An application for the extension or further extension of a

period falls within this sub-paragraph if—

(a)
the grant of the application otherwise than in

accordance with sub-paragraph (3AA)(b) would

extend that period to a time that is no more than 14

days after the relevant time; and

(b)
no application has previously been made to a

senior judge in respect of that period.”,

(e)
the insertion, after “judicial authority” in both places in sub-

paragraph (3AA) where it appears, of “or senior judge”,

(f)
the insertion, after “detention” in sub-paragraph (4), of “but,

in relation to an application made by virtue of sub-paragraph

(1A)(b) to a senior judge, as if—

(a)
references to a judicial authority were references to

a senior judge; and

(b)
references to the judicial authority in question were

references to the senior judge in question”,

(g)
the insertion, after “judicial authority” in sub-paragraph (5),

of “or senior judge”, and

(h)
the insertion, after sub-paragraph (6), of—

  “(7)
In this paragraph and paragraph 37 “senior judge” means a

judge of the High Court or of the High Court of Justiciary.”

      (4)
The modification of paragraph 37 is the insertion, in sub-paragraph

(2), after “judicial authority”, of “or senior judge”.

      (5)
A temporary extension order applies, except so far as it provides

otherwise, to any person who is being detained under section 41 when

the order comes into force (as well as any person who is subsequently

detained under that section).

      (6)
The Secretary of State may by order revoke a temporary extension

order if the Secretary of State considers it appropriate to do so

(whether or not the conditions mentioned in paragraphs (a) and (b) of

sub-paragraph (1) are met).

      (7)
Sub-paragraph (8) applies if—

(a)
any of the following events occurs—

(i)
the revocation without replacement of a temporary

extension order,

(ii)
the expiry of the period of three months mentioned in

sub-paragraph (2) in relation to such an order,



© Parliamentary copyright	Revised 10 October 2011