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Session 2010 - 12
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Other Bills before Parliament


 
 

933

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Monday 12 September 2011

 

Proceedings

 

on Consideration of Lords Amendments

 

Police Reform and Social Responsibility Bill


 

On Consideration of Lords Amendments to the Police Reform and Social Responsibility Bill


 

Lords Amendment No. 1

Secretary Theresa May

  

Agreed to on division

 

To move, That this House disagrees with the Lords in their Amendment.

 

Lords Amendment accordingly Disagreed to.

 


 

Lords Amendment No. 2

Secretary Theresa May

  

Agreed to

 

To move, That this House disagrees with the Lords in their Amendment.

 

Lords Amendment accordingly Disagreed to.

 



 
 

Proceedings on Consideration of Lords Amendments: 12 September 2011 

934

 

Police Reform and Social Responsibility Bill, continued

 
 

Lords Amendment No. 3

 

Secretary Theresa May                                                                                      

Agreed to

 

To move, That this House disagrees with the Lords in their Amendment.

 

Lords Amendment accordingly Disagreed to.

 


 

Lords Amendment No. 4

 

Secretary Theresa May                                                                                      

Agreed to

 

To move, That this House disagrees with the Lords in their Amendment.

 

Lords Amendment accordingly Disagreed to.

 


 

Lords Amendment No. 6

 

Secretary Theresa May                                                                                      

Agreed to

 

To move, That this House disagrees with the Lords in their Amendment.

 

Lords Amendment accordingly Disagreed to.

 

Secretary Theresa May

 

To move the following Amendments to the Bill in lieu of the Lords Amendments Nos. 1 to 4

 

and 6:—

 

Agreed to on division  (a)

 

Page  14,  line  8,  at end insert—

 

‘(3A)    

In carrying out functions, an elected local policing body must have regard to any

 

financial code of practice issued by the Secretary of State.

 

(3C)    

The Secretary of State may from time to time revise the whole or any part of any

 

financial code of practice.

 

(3D)    

The Secretary of State must lay before Parliament a copy of—

 

(a)    

any financial code of practice, and

 

(b)    

any revision of a financial code of practice.

 

(3E)    

In this section “financial code of practice” means a code of practice relating to the

 

proper administration by elected local policing bodies of their financial affairs.’.


 
 

Proceedings on Consideration of Lords Amendments: 12 September 2011 

935

 

Police Reform and Social Responsibility Bill, continued

 
 

As Amendments to Secretary Theresa May’s proposed amendment (a) in lieu of Lords

 

Amendments Nos. 1 to 4 and 6:

 

Yvette Cooper

 

Vernon Coaker

 

Clive Efford

 

Diana Johnson

 

Not selected  (i)

 

Line  3,  at end insert—

 

‘(3AA)    

A financial code of practice issued under (3A) must include an assessment of the

 

potential impact of changes to the police grant on police officer numbers, starting

 

with a base year of 2010-11.’.

 

Yvette Cooper

 

Vernon Coaker

 

Clive Efford

 

Diana Johnson

 

Not called  (ii)

 

Line  3,  at end insert—

 

‘(3AA)    

A financial code of practice must require an assessment of the budgetary

 

requirement of the Chief Constable for the effective provision of policing in that

 

authority.’.

 

Secretary Theresa May

 

Agreed to on division  (b)

 

Page  31,  line  40,  at end insert—

 

‘(1A)    

The poll at the ordinary election of police and crime commissioners in 2012 is to

 

be held on 15 November 2012.’.

 

As Amendments to Secretary Theresa May’s proposed amendment (b) in lieu of Lords

 

Amendments Nos. 1 to 4 and 6:

 

Yvette Cooper

 

Vernon Coaker

 

Diana Johnson

 

Shabana Mahmood

 

Not selected  (i)

 

Line  3,  leave out ‘15 November 2012’ and insert ‘a day to be appointed by the

 

Secretary of State to coincide with the first appropriate local elections to be held

 

after both Houses of Parliament have resolved to approve the conclusions of the

 

review to be carried out under subsection (1B) below.

 

(1B)    

The review referred to in subsection (1A) above is to be carried out by Her

 

Majesty’s Inspectorate of Constabulary into police finances and the impact of

 

public order policing.’.


 
 

Proceedings on Consideration of Lords Amendments: 12 September 2011 

936

 

Police Reform and Social Responsibility Bill, continued

 
 

Paul Murphy

 

Sian James

 

Chris Ruane

 

Martin Caton

 

Kevin Brennan

 

Nia Griffith

 

Not called  (ii)

 

Line  3,  at end add ‘except in Wales, where the poll at the ordinary election of

 

police and crime commissioners is to be held on a date appointed by the

 

National Assembly for Wales.’.

 

Secretary Theresa May

 

Agreed to on division  (c)

 

Page  32      ,   leave out lines 2 to 8 and insert ‘after 2012 is to be held on the ordinary day of

 

election in the year of the election.

 

(2A)    

But, if the Secretary of State so specifies in an order, the poll at an ordinary

 

election of police and crime commissioners in any year after 2012 is to be held

 

on such day in the year of the election as may be specified in the order.

 

(2B)    

An order under subsection (2A)—

 

(a)    

may not specify, as the day of a poll, a day which is before the ordinary

 

day of election in the year of the election;

 

(b)    

may not be made within the period of six months ending with the

 

ordinary day of election in relation to England, or (if earlier) the ordinary

 

day of election in relation to Wales, in the year of the election (or the first

 

of the elections) to which the order relates.

 

(2C)    

In this section, “the ordinary day of election” in any year means—

 

(a)    

in relation to England, the day which is the ordinary day of election in

 

that year of councillors for counties in England and districts (see sections

 

37 and 37A of the Representation of the People Act 1983), and

 

(b)    

in relation to Wales, the day which is the ordinary day of election in that

 

year of councillors for counties in Wales and county boroughs (see

 

sections 37 and 37B of that Act).’.

 

Secretary Theresa May

 

Agreed to on division  (d)

 

Page  103 ,  line  39,  after ‘section’ insert ‘50 or’.

 

Lords Amendments 5 and 7 to 42 accordingly Agreed to.

 


 

Lords Amendment No. 43

 

Secretary Theresa May                                                                                      

Agreed to

 

To move, That this House disagrees with the Lords in their Amendment.


 
 

Proceedings on Consideration of Lords Amendments: 12 September 2011 

937

 

Police Reform and Social Responsibility Bill, continued

 
 

Secretary Theresa May

 

To move the following Amendments to the Bill in lieu of the Lords Amendment:—

 

Agreed to  (a)

 

Page  28,  line  14,  at end insert—

 

‘(9A)    

In a case where a deputy chief constable or assistant chief constable (the “acting

 

chief constable”) is authorised by subsection (1)(a) or (5) to exercise or perform

 

functions of a chief constable—

 

(a)    

section 38(2) and (3) apply in relation to the acting chief constable as they

 

apply in relation to the chief constable (and references to chief constables

 

in those provisions, and in other enactments relating to those provisions,

 

are to be read accordingly); and

 

(b)    

section 39(4) and (5) or section 40(3) and (4) do not apply in relation to

 

the acting chief constable.’.

 

Secretary Theresa May

 

Agreed to  (b)

 

Page  29,  line  41,  at end insert—

 

‘(6)    

In a case where an Assistant Commissioner of Police of the Metropolis is acting

 

in place of the Commissioner of Police of the Metropolis—

 

(a)    

section 48 applies in relation to the Assistant Commissioner as it applies

 

to the Commissioner (and references to the Commissioner in that section,

 

and in other enactments relating to that section, are to be read

 

accordingly); and

 

(b)    

section 49 does not apply in relation to the Assistant Commissioner.

 

(7)    

For the purposes of subsection (6), an Assistant Commissioner is to be taken to

 

be acting in place of the Commissioner at a particular time if—

 

(a)    

the Assistant Commissioner is, at that time, authorised by subsection (4)

 

to exercise powers and duties of the Commissioner, and

 

(b)    

that time falls during—

 

(i)    

any absence, incapacity or suspension from office of the

 

Commissioner, or

 

(ii)    

any vacancy in the office of Commissioner.’.

 

Lords Amendments 44 to 52, 54, 55, 58 and 60 to 79 Agreed to.

 


 

Lords Amendment No. 80

 

As an Amendment to the Lords Amendment:—

 

Stephen Gilbert

 

Dan Rogerson

 

Andrew George

 

Not called  (a)

 

Line  4,  at end insert—

 

‘( )    

in the case of a police area which includes both a county or counties

 

which operate a unitary local government system and a county or

 

counties which operate a two-tier local government system a police and

 

crime panel must, in co-opting persons who are members of relevant

 

local authorities, secure that local authority representation on the panel is


 
 

Proceedings on Consideration of Lords Amendments: 12 September 2011 

938

 

Police Reform and Social Responsibility Bill, continued

 
 

proportionate (so far as is reasonably practicable) to the population of

 

each local authority within the police area.’.

 

Lords Amendment 80 Agreed to.

 

Lords Amendments 81 to 97 Agreed to.

 


 

Lords Amendment No. 98

 

Yvette Cooper                                                                                                  

Negatived on division

 

Vernon Coaker

 

Diana Johnson

 

Shabana Mahmood

 

To move, That this House disagrees with the Lords in their Amendment.

 

Yvette Cooper

 

Vernon Coaker

 

Diana Johnson

 

Shabana Mahmood

 

To move the following Amendments to the Bill in lieu of the Lords Amendment:—

 

Not called  (a)

 

Page  135,  line  16,  leave out ‘at least three-quarters of the persons who are’ and insert

 

‘no fewer than two-thirds of the’.

 

Yvette Cooper

 

Vernon Coaker

 

Diana Johnson

 

Shabana Mahmood

 

Not called  (b)

 

Page  139,  line  5,  at end insert ‘, subject to sub-paragraph (3) and paragraph 16A

 

below.’.

 

Yvette Cooper

 

Vernon Coaker

 

Diana Johnson

 

Shabana Mahmood

 

Not called  (c)

 

Page  139      ,  line  7,  at end insert—

 

‘(3)    

Where no fewer than two-thirds of the members of the panel at the time when the

 

decision is made vote to make a recommendation against the proposed decision

 

of the Police and Crime Commissioner to call upon the chief constable to retire

 

or resign, the Police and Crime Commissioner must accept that recommendation.

 

Removal: HMIC referral to Secretary of State

 

16A(1)  

Her Majesty’s Inspectorate of Constabulary may refer any proposed removal

 

of a chief constable to the Secretary of State for review.


 
 

Proceedings on Consideration of Lords Amendments: 12 September 2011 

939

 

Police Reform and Social Responsibility Bill, continued

 
 

      (2)  

The Secretary of State may, upon consideration of a referral under sub-

 

paragraph (1) above, veto the proposed removal.’.

 


 

Lords Amendment No. 163

 

As an Amendment to the Lords Amendment:—

 

Secretary Theresa May

 

Agreed to  (a)

 

Line  3,  leave out from ‘or’ to end and insert ‘an acting chief officer, the local

 

policing body”;

 

(ii)    

in paragraph (a)(ii), for “a senior officer” substitute “the chief

 

officer or an acting chief officer”;

 

(iii)    

in paragraph (b)(i), for “a senior officer, the police authority”

 

substitute “the chief officer or an acting chief officer, the local

 

policing body”;

 

(iv)    

in paragraph (b)(ii), for “a senior officer” substitute “the chief

 

officer or an acting chief officer”;

 

(v)    

after paragraph (b)(ii) insert—

 

    

“and, for the purposes of this definition, “acting chief officer”

 

means a person exercising or performing functions of a chief

 

constable in accordance with section 41 of the Police Reform

 

and Social Responsibility Act 2011; a person exercising

 

powers or duties of the Commissioner of Police of the

 

Metropolis in accordance with section 44 or 45(4) of that Act;

 

or a person exercising duties of the Commissioner of Police

 

for the City of London in accordance with section 25 of the

 

City of London Police Act 1839;”;’.

 

Lords Amendment 163, as amended, Agreed to.

 

Lords Amendments 99 to 162, 164 to 168, 53, 56, 57, 59, 169 and 170 Agreed to.

 

 


 
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Revised 13 September 2011