House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 24 January 2013
50

Crime and Courts Bill-[Lords], continued

Mr Jeremy Browne

61

Schedule  10,  page  158,  line  37,  leave out ‘legal adviser or assistant legal adviser’

and insert ‘justices’ clerk or an assistant to a justices’ clerk’.

Mr Jeremy Browne

62

Schedule  10,  page  158,  line  43,  leave out ‘legal adviser or assistant legal adviser’

and insert ‘justices’ clerk or an assistant to a justices’ clerk’.

Mr Jeremy Browne

63

Schedule  10,  page  159,  line  11,  leave out from beginning to end of line 13 on page

160.

Mr Jeremy Browne

64

Schedule  10,  page  160,  line  22,  leave out ‘regulations under section 31P(4) or’.

Mr Jeremy Browne

65

Schedule  10,  page  160,  line  24,  leave out ‘regulations or’.

Mr Jeremy Browne

66

Schedule  10,  page  169,  line  2,  at end insert—

‘51A
In section 144 (procedure rules for civil proceedings in magistrates’ courts and

before justices’ clerks) after subsection (1) insert—

“(1ZA)
Subsection (1) does not apply in relation to functions of justices’

clerks given under section 31O(4)(a), or specified in section 31O(5),

of the Matrimonial and Family Proceedings Act 1984 (functions in the

family court).”’.

Mr Jeremy Browne

67

Schedule  10,  page  174,  line  14,  at end insert—

    ‘( )
After subsection (2) insert—

“(2A)
Subsection (2) does not apply in relation to functions of a justices’

clerk given under section 31O(4)(a), or specified in section 31O(5), of

the Matrimonial and Family Proceedings Act 1984 (functions in the

family court, but see section 31O(4)(b) of that Act).”’.

Mr Jeremy Browne

68

Schedule  10,  page  174,  line  20,  at end insert—

‘87A
In section 34(2) (no order for costs in legal proceedings to be made against

justices’ clerk or assistant in respect of acts or omissions in exercising

functions of a single justice of the peace) after “function of a single justice of

the peace” insert “or a function of the family court or of a judge of that court.”’.

Public Bill Committee: 24 January 2013
51

Crime and Courts Bill-[Lords], continued

Mr Jeremy Browne

69

Schedule  13,  page  219,  line  12,  at end insert—

‘8A
In section 27 of the Constitutional Reform Act 2005 (selection for appointment

to Supreme Court to be on merit etc) after subsection (5) insert—

“(5A)
Where two persons are of equal merit—

(a)
section 159 of the Equality Act 2010 (positive action:

recruitment etc) does not apply in relation to choosing

between them, but

(b)
Part 5 of that Act (public appointments etc) does not

prevent the commission from preferring one of them over

the other for the purpose of increasing diversity within the

group of persons who are the judges of the Court.”’.

Mr Jeremy Browne

70

Clause  28,  page  30,  line  18,  leave out from ‘In’ to end of line 20 and insert ‘the case

of any particular proceedings of a court or tribunal, the court or tribunal may in the

interests of justice or in order to ensure that a person is not unduly prejudiced—’.

Mr David Hanson

Jenny Chapman

Stella Creasy

Phil Wilson

5

Clause  37,  page  38,  line  40,  leave out from beginning to ‘and’ in line 44.

Mr David Hanson

Jenny Chapman

Stella Creasy

Phil Wilson

7

Clause  37,  page  39,  leave out lines 8 to 11 and insert—

‘( )
knowingly contrary to any advice (which may take account of any

accompanying instructions given by the manufacturer or distributor of

the drug), given by the person by whom the drug was prescribed or

supplied, about the amount of time that should elapse between taking the

drug and driving a motor vehicle.’.

Public Bill Committee: 24 January 2013
52

Crime and Courts Bill-[Lords], continued

Mr David Hanson

Jenny Chapman

Stella Creasy

Phil Wilson

6

Clause  37,  page  39,  leave out lines 12 to 14.

NEW CLAUSES

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.

Public Bill Committee: 24 January 2013
53

Crime and Courts Bill-[Lords], continued

(4)
The purpose of the Regional Organised Crime Task Force will be to—

(a)
encourage and support joint working to counter organised crime; and

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

Child maltreatment

Mr Robert Buckland

Mr David Burrowes

Paul Goggins

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: 24 January 2013
54

Crime and Courts Bill-[Lords], continued

Mr Jeremy Browne

71

Clause  42,  page  44,  line  25,  leave out subsection (17).

Mr Robert Buckland

Mr David Burrowes

Paul Goggins

72


Title,  line  6,  after ‘driving’, insert ‘to amend the law relating to children and young

persons;’.

Order of the House [14 January 2013]

That the following provisions shall apply to the Crime and Courts Bill [Lords] 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 Thursday 14 February 2013.

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.

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.

Order of the Committee [22 JANUARY 2013]

That—

(1)
the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 22

January) meet—

(a)
at 2.00 pm on Tuesday 22 January;

(b)
at 11.30 am and 2.00 pm on Thursday 24 January;

(c)
at 8.55 am and 2.00 pm on Tuesday 29 January;

(d)
at 11.30 am and 2.00 pm on Thursday 31 January;

Public Bill Committee: 24 January 2013
55

Crime and Courts Bill-[Lords], continued

(e)
at 8.55 am and 2.00 pm on Tuesday 5 February;

(f)
at 11.30 am and 2.00 pm on Thursday 7 February;

(g)
at 8.55 am and 2.00 pm on Tuesday 12 February; and

(h)
at 11.30 am and 2.00 pm on Thursday 14 February;

(2)
proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clause 1; Schedule 1; Clauses 2 and 3; Schedule 2; Clause

4; Schedule 3; Clauses 5 to 7; Schedule 4; Clause 8; Schedule 5; Clauses 9

and 10; Schedule 6; Clause 11; Schedule 7; Clauses 12 to 14; Schedule 8;

Clauses 15 and 16; Schedules 9 to 11; Clause 17; Schedule 12; Clause 18;

Schedule 13; Clause 19; Schedule 14; Clauses 20 to 31; Schedule 15; Clause

32; Schedule 16; Clauses 33 to 36; Schedule 17; Clause 37; Schedule 18;

Clause 38; new Clauses; new Schedules; Clause 39; Schedule 19; Clauses 40

to 42; and remaining proceedings on the Bill; and

(3)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Thursday 14 February.



© Parliamentary copyright	Revised 24 January 2013