Session 2012 - 13
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Other Bills before Parliament


 
 

897

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Wednesday 6 March 2013

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

807, 809-10, 847-70, 871-72 and 875-77

 

Consideration of Bill


 

Crime and Courts Bill [Lords], As Amended

 

New offence of child maltreatment

 

Mr Robert Buckland

 

Meg Munn

 

Mr George Howarth

 

Paul Goggins

 

Paul Maynard

 

Geraint Davies

 

NC9

 

To move the following Clause:—

 

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

 

16) is hereby repealed and replaced as follows—

 

“1      

Child maltreatment

 

(1)    

It is an offence for a person who has attained the age of 16 years 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 took 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


 
 

Notices of Amendments: 6 March 2013                     

898

 

Crime and Courts Bill-[Lords], continued

 
 

(v)    

emotional abuse;

 

(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.”.’.

 

Stella Creasy

 

Mr David Hanson

 

Jenny Chapman

 

Phil Wilson

 

94

 

Page  38,  line  11  [Clause  37],  at end insert—

 

‘(6A)    

In section 50(2) (Procedure) of the Immigration, Asylum and Nationality Act

 

2006, after paragraph (c) the following shall be inserted—

 

“(d)    

may require an immigration officer to take reasonable action to

 

obtain from the applicant additional relevant information or

 

documents they they consider not to be included in the original

 

application before a decision is taken.

 

(e)    

must make provision for an immigration officer to contact the

 

applicant with regard to the form, documents, information or fee

 

specified in paragraphs (a), (b), (c) and (d).”.

 

(6B)    

The Government will report annually to Parliament on the number of times an

 

immigration officer has been required to obtain additional relevant information

 

not included in the original application.

 

(6C)    

The Government will report annually to Parliament on the number of appeals

 

against refusal entry clearance to visit the UK that are refused due to the non-

 

submission of relevant information or documents.’.

 

Power of arrest for immigration compliance officers

 

Stella Creasy

 

Mr David Hanson

 

Jenny Chapman

 

Phil Wilson

 

NC10

 

To move the following Clause:—

 

‘(1)    

In the course of their duties, a compliance officer may arrest without warrant a

 

person—

 

(a)    

in breach of the conditions of their leave to enter;

 

(b)    

in breach of the conditions of their leave to remain;

 

(c)    

found to have entered the United Kingdom illegally.

 

(2)    

In this section—

 

“compliance officer” means an officer of the UK Border Agency tasked

 

with the approval and compliance of institutions, companies or

 

individuals that sponsor applications to enter in the United Kingdom as

 

defined by UK Border Agency guidance.’.


 
 

Notices of Amendments: 6 March 2013                     

899

 

Crime and Courts Bill-[Lords], continued

 
 

John McDonnell

 

95

 

Page  10,  line  15,  leave out Clause 12.

 

John McDonnell

 

96

 

Page  22,  line  3  [Clause  24],  at end insert—

 

‘(5A)    

The Lord Chancellor must, by regulation, in statutory instrument of which a draft

 

has been laid before and approved by resolution of each House of Parliament,

 

provide the amount of any costs for services carried out for the purposes of

 

collecting sums.’.

 

John McDonnell

 

97

 

Page  23,  line  11  [Clause  25],  leave out ‘person’ and insert ‘civil servant’.

 

John McDonnell

 

98

 

Page  24,  line  1  [Clause  25],  leave out paragraph (3).

 

Jenny Chapman

 

Mr David Hanson

 

Stella Creasy

 

99

 

Page  277,  line  5  [Schedule  15],  at end insert—

 

‘Part 7A

 

Female Offenders

 

      (1)  

That contracts made by the Secretary of State for the supervision of offenders

 

shall require the provider to make appropriate provision for the delivery of

 

services to female offenders.

 

      (2)  

Appropriate provision under sub-paragraph (1) shall include provision to

 

participate in programmes designed to change offending behaviour with the

 

particular circumstances of women in mind.

 

      (3)  

That the Secretary of State shall in each year—

 

(a)    

publish a strategy for the delivery of appropriate and effective services

 

for female offenders in the criminal justice system;

 

(b)    

report to Parliament on progress made in the delivery of appropriate

 

and effective services to female offenders.’.

 

Mr Jack Straw

 

100

 

Page  224,  line  42  [Schedule  13],  at end insert ‘Each of the Lord Chancellor and the

 

Lord Chief Justice must at all times engage in a programme of action which is designed—

 

(a)    

to secure, so far as it is reasonably practicable to do so, that

 

appointments to listed judicial offices are such that those holding such

 

offices are reflective of the community in England and Wales;

 

(b)    

to require the Lord Chancellor and the Lord Chief Justice of England

 

and Wales, so far as it is reasonably practicable to do so, to secure that

 

a range of persons reflective of the community in England and Wales

 

is available for consideration by the Judicial Appointments


 
 

Notices of Amendments: 6 March 2013                     

900

 

Crime and Courts Bill-[Lords], continued

 
 

Commission whenever it is required to select a person to be appointed,

 

or recommended for appointment, to a listed judicial office.’.

 

Paul Goggins

 

101

 

Page  268,  line  30  [Schedule  15],  at end insert—

 

‘8         

The Secretary of State shall provide an annual report to Parliament on progress

 

in the development and delivery of restorative justice in the criminal justice

 

system.’.

 


 
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Revised 7 March 2013