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Public Bill Committee: 12                            

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Crime and Courts Bill [Lords] continued

 
 

(b)    

despite the appeals process not having been begun or not having

 

been exhausted,

 

    

would not breach the United Kingdom’s obligations under the Human

 

Rights Convention.

 

(2C)    

The grounds upon which a certificate may be given under subsection

 

(2B) include (in particular)—

 

(a)    

that the person would not, before the appeals process is

 

exhausted, face a real risk of serious irreversible harm if removed

 

to the country or territory to which the person is proposed to be

 

removed;

 

(b)    

that the whole or part of any human rights claim made by the

 

person is clearly unfounded.

 

(2D)    

Subsection (2A) does not allow the person while in the United Kingdom

 

to bring an appeal on a non-human-rights ground, or to continue an

 

appeal so far as brought on non-human-rights grounds, if the Secretary of

 

State certifies that removal of the person—

 

(a)    

to the country or territory to which the person is proposed to be

 

removed, and

 

(b)    

despite the appeals process, so far as relating to appeal on non-

 

human-rights grounds, not having been begun or not having been

 

exhausted,

 

    

would not breach the United Kingdom’s obligations under the Human

 

Rights Convention.

 

(2E)    

In subsection (2D) “non-human-rights ground” means any ground other

 

than the ground that removal of the person from the United Kingdom in

 

consequence of the decision to make the deportation order would be

 

unlawful under section 6 of the Human Rights Act 1998 as being

 

incompatible with a person’s Convention rights.

 

(2F)    

If a certificate in respect of a person is given under subsection (2B), the

 

person may apply to the Special Immigration Appeals Commission to set

 

aside the certificate.

 

(2G)    

If a person makes an application under subsection (2F) then the

 

Commission, in determining whether the certificate should be set aside,

 

must apply the principles that would be applied in judicial review

 

proceedings.

 

(2H)    

The Commission’s determination of a review under subsection (2F) is

 

final.

 

(2J)    

The Commission may direct that a person who has made and not

 

withdrawn an application under subsection (2F) is not to be removed

 

from the United Kingdom at a time when the review has not been finally

 

determined by the Commission.

 

(2K)    

Sections 5 and 6 of the Special Immigration Appeals Commission Act

 

1997 apply in relation to reviews under subsection (2F) (and to applicants

 

for such reviews) as they apply in relation to appeals under section 2 or

 

2B of that Act (and to persons bringing such appeals).

 

(2L)    

Any exercise of power to make rules under section 5 of that Act in

 

relation to reviews under subsection (2F) is to be with a view to securing

 

that proceedings on such reviews are handled expeditiously.”

 
 

Public Bill Committee: 12                            

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Crime and Courts Bill [Lords] continued

 
 

(5)    

In subsection (3) (appeal against certificate under subsection (2)(c)(iii)) for

 

“(2)(c)(iii)” substitute “(2D)”.’.

 

 

Review of NCA functions

 

Mr David Hanson

 

Jenny Chapman

 

Stella Creasy

 

Phil Wilson

 

NC1

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall commission a review of the NCA functions to report

 

no later than one year following commencement of this Act.

 

(2)    

The review shall report on the appropriateness of the modification of NCA

 

functions, in particular in relation to—

 

(a)    

provision about NCA counter-terrorism functions;

 

(b)    

provision about NCA public order functions; and

 

(c)    

other national response coordination functions.’.

 

 

Regional organised crime task forces

 

Paul Goggins

 

NC2

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may make arrangements for the establishment of regional

 

organised crime task forces.

 

(2)    

Such bodies will comprise representatives of—

 

(a)    

the NCA;

 

(b)    

local police forces;

 

(c)    

HM Revenue and Customs;

 

(d)    

the UK Border Agency;

 

(e)    

local authorities;

 

(f)    

business; and

 

(g)    

the Police and Crime Commissioners.

 

(3)    

Each regional organised crime task force will make its own arrangements for—

 

(a)    

administration; and

 

(b)    

chairing the body.

 

(4)    

The purpose of the Regional Organised Crime Task Force will be to—

 

(a)    

encourage and support joint working to counter organised crime; and

 
 

Public Bill Committee: 12                            

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Crime and Courts Bill [Lords] continued

 
 

(b)    

increase public awareness of the causes and impact of organised crime.’.

 

 

Child maltreatment

 

Mr Robert Buckland

 

Mr David Burrowes

 

Paul Goggins

 

Jenny Chapman

 

NC3

 

To move the following Clause:—

 

‘Section 1 of the Children and Young Persons Act 1933 (Cruelty to persons under

 

sixteen) is hereby repealed and replaced as follows—

 

“1      

Child maltreatment

 

(1)    

It is an offence for a person with responsibility for a child intentionally

 

or recklessly to subject that child or allow that child to be subjected to

 

maltreatment, whether by act or omission, such that the child suffers, or

 

is likely to suffer, significant harm.

 

(2)    

For the purposes of this section:

 

(a)    

‘recklessly’ shall mean that a person with responsibility for a

 

child foresaw a risk that an act or omission regarding that child

 

would be likely to result in significant harm, but nonetheless

 

unreasonably decided to take that risk;

 

(b)    

‘responsibility’ shall be as defined in section 17;

 

(c)    

‘maltreatment’ includes—

 

(i)    

neglect (including abandonment),

 

(ii)    

physical abuse,

 

(iii)    

sexual abuse,

 

(iv)    

exploitation, and

 

(v)    

emotional abuse (including exposing the child

 

to violence against others in the same

 

household);

 

(d)    

‘harm’ means the impairment of—

 

(i)    

physical or mental health, or

 

(ii)    

physical, intellectual, emotional, social or

 

behavioural development.

 

(3)    

Where the question of whether harm suffered by a child is significant

 

turns on the child’s health or development, that child’s health or

 

development shall be compared with that which could reasonably be

 

expected of a similar child.”.’.

 

 
 

Public Bill Committee: 12                            

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Crime and Courts Bill [Lords] continued

 
 

Review into the Courts and Tribunals Service

 

Jenny Chapman

 

Mr David Hanson

 

Stella Creasy

 

Phil Wilson

 

NC4

 

To move the following Clause:—

 

‘The Lord Chancellor shall conduct a periodic review of HM Courts and

 

Tribunals Service, including the Office of the Public Guardian, and the impact of

 

section 16 and Schedules 9 to 11, including reports on its efficiency, cost, ease of

 

access and user and practitioner satisfaction, and specifically the impact of court

 

closures on court users and access to justice, and shall publish a report on the

 

review to both Houses of Parliament.’.

 

 

Information for court users

 

Jenny Chapman

 

Mr David Hanson

 

Stella Creasy

 

Phil Wilson

 

NC5

 

To move the following Clause:—

 

‘The Secretary of State shall publish and consult on a strategy for the delivery of

 

legal information, support and dispute resolution services to the public by HM

 

Courts and Tribunals Service.’.

 

 

Chief Executive of the Supreme Court of the United Kingdom

 

Jenny Chapman

 

Mr David Hanson

 

Stella Creasy

 

Phil Wilson

 

NC6

 

To move the following Clause:—

 

‘(1)    

The Constitutional Reform Act 2005 is amended as follows.

 

(2)    

In section 48 (Chief executive) omit subsection (2).

 

(3)    

After subsection (1) insert—

 

“(2)    

The President of the Supreme Court shall appoint the Chief Executive in

 

accordance with the arrangements for the time being in force for the

 

selection of persons to be employed in the civil service of the State.”.

 
 

Public Bill Committee: 12                            

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Crime and Courts Bill [Lords] continued

 
 

(4)    

In Section 49(2) (Officers and staff), omit the words “with the agreement of the

 

Lord Chancellor”.’.

 

 

Extension of section 37 and section 47 of the Children Act 1989 to youth courts

 

Mr David Burrowes

 

NC7

 

To move the following Clause:—

 

‘(1)    

The powers of direction of courts—

 

(a)    

under section 37 of the Children Act 1989 (including the power to direct

 

the local authority children’s service to investigate whether a child is at

 

risk of suffering significant harm); and

 

(b)    

under section 47 of that Act to direct a local authority to intervene to

 

safeguard and to promote a child’s welfare

 

    

shall extend to youth courts.

 

(2)    

Such powers shall be available to youth courts throughout any criminal

 

proceedings and in any family proceedings concerning the welfare of a child.

 

(3)    

In any investigation pursuant to the foregoing subsections, the local authority

 

shall consider whether it should—

 

(a)    

apply for a care order or supervision order with respect to the child;

 

(b)    

provide services or care to the child or his family; or

 

(c)    

take any other action with respect to the child.

 

(4)    

It shall be in the discretion of the youth court to adjourn sentencing until such

 

local authority investigation has concluded and the findings thereof have been

 

notified to the court.

 

(5)    

Any youth court in which the powers under this section are to be or may be

 

exercised shall include on its panel at least one member of the Family Court.’.

 

 

European arrest warrant

 

Mr David Hanson

 

Jenny Chapman

 

Stella Creasy

 

Phil Wilson

 

NC9

 

To move the following Clause:—

 

‘(1)    

The NCA is to have the function of ensuring efficient and effective use of the

 

European arrest warrant as it relates to serious organised crime affecting the UK.

 

(2)    

The Government shall publish a report 12 months after Royal Assent of this Bill

 

on the NCA’s use of the European arrest warrant and annually thereafter.

 
 

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Crime and Courts Bill [Lords] continued

 
 

(3)    

The Director General of the NCA must be consulted by the Secretary of State on

 

any policy decision by Her Majesty’s Government regarding changes to the use

 

of the European arrest warrant.’.

 

 

NCA and the Independent Police Complaints Commission

 

Mr David Hanson

 

Jenny Chapman

 

Stella Creasy

 

Phil Wilson

 

NC10

 

To move the following Clause:—

 

‘(1)    

The Secretary of State and the Director General of the NCA must ensure that

 

NCA officers co-operate with the Independent Police Complaints Commission in

 

relation to the fulfilment by the Independent Police Complaints Commission of

 

its statutory duties.

 

(2)    

The actions of NCA officers and any operations by the NCA come within the

 

purview of the IPCC in exercising its statutory duty.

 

(3)    

The Secretary of State must publish on an annual basis the budget for the IPCC

 

as it relates to investigations to the NCA and its activities.

 

(4)    

The Director General must arrange for the publication of a report not more than

 

12 months after any IPCC investigation into the NCA.

 

(5)    

Any report published under section (4) must provide details of the initial IPCC

 

investigation and its findings, what subsequent was taken in response by the NCA

 

and recommendations for future action.’.

 

 

NEW SCHEDULES

 

Mr Jeremy Browne

 

NS1

 

To move the following Schedule:—

 

‘Extradition

 

Part 1

 

Forum

 

Extradition to category 1 territories

 

1          

Part 1 of the Extradition Act 2003 (extradition to category 1 territories) is

 

amended as follows.

 

2          

In section 11 (bars to extradition)—

 

(a)    

at the end of subsection (1) insert—

 

“(j)    

forum.”;

 

(b)    

after subsection (1) insert—

 
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Revised 12 February 2013