Session 2010 - 12
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Other Bills before Parliament


 
 

Consideration of Bill: 11 October 2011                  

3472

 

Protection of Freedoms Bill, continued

 
 

“The Disclosure and Barring Service.”

 

      (3)  

In Part 3 (other disqualifying offices) insert at the appropriate place—

 

“Member of the staff of the Disclosure and Barring Service.”

 

Freedom of Information Act 2000

 

117D      

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public

 

bodies and offices: general) insert at the appropriate place—

 

“The Disclosure and Barring Service.”’.

 


 

Secretary Theresa May

 

72

 

Page  167,  line  23  [Schedule  10],  leave out ‘Section 10(4) and (6)(d).’.

 

Secretary Theresa May

 

73

 

Page  167,  line  28  [Schedule  10],  leave out ‘21.’ and insert ‘19.

  

Section 21.’.

 
 


 

Secretary Theresa May

 

75

 

Title,  line  8,  leave out ‘provide for a maximum detention period of 14 days’ and insert

 

‘amend the maximum detention period’.

 

 

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.


 
 

Consideration of Bill: 11 October 2011                  

3473

 

Protection of Freedoms Bill, continued

 
 

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

 

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 house [10 october 2011]

 

 

That the Order of 1 March 2011 (Protection of Freedoms Bill (Programme)) be varied

 

as follows—

 

1.    

Paragraphs 4 and 5 are omitted.

 

2.    

Proceedings on consideration and Third Reading shall be concluded in two

 

days.

 

3.    

Proceedings on consideration shall be taken on eah of those days as shown in

 

the following Table and in the order so shown.

 

4.    

Each part of the proceedings shall (so far as not previously concluded) be

 

brought to a conclusion at the time specified in relation to it in the second

 

column of the Table.

 

        TABLE

 

First day

 
 

Proceedings

Time for conclusion of proceedings

 
 

New Clauses and New Schedules

8.30 pm.

 
 

relating to, and amendments to,


 
 

Chapter 1 of Part 1.


 
 

New Clauses and New Schedules

10.00 pm.

 
 

relating to, and amendments to,

  
 

Chapter 2 of Part 3.

  

 
 

Consideration of Bill: 11 October 2011                  

3474

 

Protection of Freedoms Bill, continued

 
 

Second day

 
 

Proceedings

Time for conclusion of proceedings

 
 

New Clauses and New Schedules

5.30 pm.

 
 

relating to, and amendments to,


 
 

Chapter 1 of Part 2.


 
 

New Clauses and New Schedules

7.30 pm.

 
 

relating to, and amendments to, Part


 
 

5.


 
 

New Clauses and New Schedules

9.00 pm.

 
 

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; remaining New Clauses;

  
 

remaining New Schedules;

  
 

amendments to Part 7 and

  
 

remaining proceedings on

  
 

consideration.

  
 

 

NOTICES WITHDRAWN

 

The following Notices have been withdrawn:

 

Freedom of protest on quasi-public land

 

Tom Watson

 

NC2

 

To move the following Clause:—

 

‘(1)    

Any individual or group may—

 

(a)    

demonstrate support for or opposition to the views or actions of any

 

person or body of persons,

 

(b)    

publicise a cause or campaign, or

 

(c)    

mark or commemorate an event,

 

    

on quasi-public land in a reasonable manner, whether in a procession, or as part

 

of an assembly, or as an individual stand, and whether or not the individual or

 

group enters with the express or implied permission of the owner or occupier of

 

the land.

 

(2)    

The right conferred by subsection (1) above cannot be excluded by the owner or

 

occupier of the land by any means.’.

 

Advance notice of processions, assemblies, or stands

 

Tom Watson

 

NC3

 

To move the following Clause:—


 
 

Consideration of Bill: 11 October 2011                  

3475

 

Protection of Freedoms Bill, continued

 
 

‘(1)    

Written notice shall be given in accordance with this section of any proposal to

 

hold a procession, assembly, or stand under the Clause [Freedom of protest on

 

quasi-public land], unless it is not reasonably practicable to give advance notice

 

of the procession, assembly or stand.

 

(2)    

The notice must specify the date when it is intended to hold the procession,

 

assembly, or stand, the time when it is intended to start, its proposed route (as the

 

case may be) location, and the name and address of the person (or one of the

 

persons) proposing to organise it.

 

(3)    

Notice must be delivered to each of the owners or occupiers of the land whose

 

location is specified in the notice.

 

(4)    

If delivered not less than 6 clear days before the date when the procession,

 

assembly, or stand is intended to be held, the notice may be delivered by post by

 

the recorded delivery service; but Section 7 of the Interpretation Act 1978 (under

 

which a document sent by post is deemed to have been served when posted and

 

to have been delivered in the ordinary course of post) does not apply.

 

(5)    

If not delivered in acccordance with subsection (4), the notice must be delivered

 

by hand not less than 6 clear days before the date when the procession, assembly,

 

or stand is intended to be held or, if that date is not reasonably practicable, as soon

 

as delivery is reasonably practicable.’.

 

Imposing conditions on processions, assemblies, or stands

 

Tom Watson

 

NC4

 

To move the following Clause:—

 

‘(1)    

The owner or occupier of the land specified in the notice may impose such

 

conditions as to the holding of the procession, assembly, or stand, or, where it is

 

already taking place, give such directions as to the holding of the procession,

 

assembly, or stand as are reasonable having regard to all the circumstances of the

 

case.

 

(2)    

A condition imposed or direction given in accordance with subsection (1) may,

 

but need not, include conditions or directions as to the time, maximum duration,

 

manner, route or location of the procession, assembly, or stand, or as to the

 

maximum number of participants of a procession or assembly.

 

(3)    

A direction or condition given in accordance with subsection (1) above shall,

 

where reasonably practicable, be given in writing.’.

 

Referral of disputes to chief officer of police

 

Tom Watson

 

NC5

 

To move the following Clause:—

 

‘(1)    

An organiser of a procession, assembly, or stand who believes that one or more

 

of the conditions imposed under subsection (1) of the Clause [Imposing

 

conditions on processions, or assemblies, or stands] is unreasonable may apply

 

to the chief officer of police of the district in which the land is situated for a

 

modification of the proposed conditions.

 

(2)    

On receiving an application pursuant to subsection (1) above, the chief officer of

 

police may—

 

(a)    

make any substitution, variation, or revocation of any of the conditions

 

complained of; and


 
 

Consideration of Bill: 11 October 2011                  

3476

 

Protection of Freedoms Bill, continued

 
 

(b)    

add any new condition as appears to him to be reasonable having regard

 

to all the circumstances of the case.

 

(3)    

When more than one person is the owner or occupier of the land specified in the

 

notice and they fail to agree as to the conditions to be imposed under subsection

 

(1) of the Clause [Imposing conditions on processions, assemblies, or stands]

 

above within five days of the start of proposed procession, assembly, or stand,

 

one of them shall apply to the chief officer of police of the district in which the

 

land is situtated.

 

(4)    

On receipt of an application made pursuant to subsection (3) above, the chief

 

officer of police may impose any such conditions as appear to him to be

 

reasonable having regard to all the circumstances of the case.’.

 

Imposing conditions in cases of possible public disorder

 

Tom Watson

 

NC6

 

To move the following Clause:—

 

‘(1)    

If the senior police officer, having regard to all the circumstances of the

 

procession, assembly or stand, reasonably believes that—

 

(a)    

it may result in serious public disorder, serious damage to property, or

 

serious disruption to the life of the community, or

 

(b)    

the purpose of the persons organising or participating in it is the

 

intimidation of others with a view to compelling them not to do an act

 

they have a right to do, or to do an act they have a right not to do,

 

    

he may give directions imposing on the persons organising or taking part in the

 

procession, assembly, or stand such conditions as appear to him necessary to

 

prevent such disorder, damage, disruption or intimidation.

 

(2)    

In subsection (1), “the senior police officer” means—

 

(a)    

in relation to a procession, assembly, or stand being held, or to a

 

procession or assembly intended to be held in a case where persons are

 

assembling with a view to taking part in it, the most senior rank of the

 

police officers present at the scene, and

 

(b)    

in relation to a procession, assembly, or stand intended to be held in a

 

case where paragraph (a) does not apply, the chief officer of police.

 

(3)    

A direction given by a chief officer of police by virtue of subsection (2) shall be

 

given in writing.

 

(4)    

A person who organises a procession, assembly, or stand and knowingly fails to

 

comply with a condition imposed under this section is guilty of an offence, but it

 

is a defence for him to prove that the failure arose from circumstances beyond his

 

control.

 

(5)    

A person who takes part in a procession, assembly, or stand and knowingly fails

 

to comply with a condition imposed under this section is guilty of an offence, but

 

it is a defence for him to prove that the failure arose from circumstances beyond

 

his control.

 

(6)    

A person who incites another to commit an offence under subsection (5) is guilty

 

of an offence.

 

(7)    

A person who is guilty of an offence under subsection (4) is liable on summary

 

conviction to imprisonment for a term not exceeding 3 months or a fine not

 

exceeding level 4 on the standard scale or both.

 

(8)    

A person guilty of an offence under subsection (5) is liable on summary

 

conviction to a fine not exceeding level 3 on the standard scale.


 
 

Consideration of Bill: 11 October 2011                  

3477

 

Protection of Freedoms Bill, continued

 
 

(9)    

A person guilty of an offence under subsection (6) is liable on summary

 

conviction to imprisonment for a term not exceeding 3 months or a fine not

 

exceeding level 4 on the standard scale or both, notwithstanding section 45(3) of

 

the Magistrates’ Courts Act 1980 (inciter liable to same penalty as incited).

 

(10)    

In Scotland this section applies only in relation to a procession or assembly being

 

held, and to a procession or assembly intended to be held in a case where persons

 

are assembling with a view to taking part in it.’.

 

Prohibiting processions, assemblies, or stands

 

Tom Watson

 

NC7

 

To move the following Clause:—

 

‘(1)    

If at any time the chief officer of police reasonably believes that, because of

 

particular circumstances existing in any district or part of a district, the powers in

 

Clause [Imposing conditions in cases of possible public disorder] will not be

 

sufficient to prevent the holding of a procession, assembly, or stand in that district

 

or part from resulting in serious public disorder, he shall apply to the council of

 

the district for an order prohibiting for such period not exceeding 3 months as

 

may be specified in the application the holding of all processions, assemblies, or

 

stands (or of any class of procession, assembly, or stand so specified) in the

 

district or part concerned.

 

(2)    

On receiving such an application, a council may with the consent of the Secretary

 

of State make an order either in the terms of the application or with such

 

modifications as may be approved by the Secretary of State.

 

(3)    

Subsection (1) does not apply in the City of London or the Metropolitan Police

 

district.

 

(4)    

If at any time the Commissioner of Police for the City of London or the

 

Commissioner of Police of the Metropolis reasonably believes that, because of

 

particular circumstances existing in his police area or part of it, the powers in

 

Clause [Imposing conditions in cases of possible public disorder] will not be

 

sufficient to prevent the holding of processions, assemblies, or stands in that area

 

or part from resulting in serious public disorder, he may with the consent of the

 

Secretary of State make an order prohibiting for such period not exceeding 3

 

months as may be specified in the order the holding of all processions,

 

assemblies, or stands (or of any class of procession, assembly, or stand so

 

specified) in the area or part concerned.

 

(5)    

An order made under this section may be revoked or varied by a subsequent order

 

made in the same way, that is, in accordance with subsections (1) and (2) or

 

subsection (4), as the case may be.

 

(6)    

Any order under this section shall, if not made in writing, be recorded in writing

 

as soon as practicable after being made.

 

(7)    

A person who organises a public procession, the holding of which he knows is

 

prohibited by virtue of an order under this section, is guilty of an offence.

 

(8)    

A person who takes part in a public procession, the holding of which he knows is

 

prohibited by virtue of an order under this section, is guilty of an offence.

 

(9)    

A person who incites another to commit an offence under subsection (8) is guilty

 

of an offence.

 

(10)    

A person guilty of an offence under subsection (7) is liable on summary

 

conviction to imprisonment for a term not exceeding 3 months or a fine not

 

exceeding level 4 on the standard scale or both.

 

(11)    

A person guilty of an offence under subsection (8) is liable on summary

 

conviction to a fine not exceeding level 3 on the standard scale.


 
 

Consideration of Bill: 11 October 2011                  

3478

 

Protection of Freedoms Bill, continued

 
 

(12)    

A person guilty of an offence under subsection (9) is liable on summary

 

conviction to imprisonment for a term not exceeding 3 months or a fine not

 

exceeding level 4 on the standard scale or both.’.

 

Interpretation

 

Tom Watson

 

NC8

 

To move the following Clause:—

 

‘In this part—

 

“assembly” means an assembly of 2 or more persons in a quasi-public land;

 

“the City of London” means the City as defined for the purposes of the Act

 

relating to the City of London police;

 

“the Metropolitan Police district” means that district as defined in section

 

76 of the London Government Act 1963;

 

“procession” means a procession in a quasi-public land;

 

“quasi-public land” means privately-owned land which is dedicated for

 

public use;

 

“stand” means an individual carrying out one of the activities in subsection

 

(1)(a), (b) or (c) of Clause [Freedom of protest on quasi-public land] and

 

may be stationary or mobile.’.

 


 
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Revised 11 October 2011