Session 2013 - 14
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Other Bills before Parliament


 
 

Public Bill Committee: 9 July 2013                     

145

 

Anti-social Behaviour, continued

 
 

“person in charge” means the owner or owners, and if different, person or

 

persons for the time being in charge of the dogs.’.

 


 

Status of off-duty civillian police staff

 

Mr David Hanson

 

Gloria De Piero

 

Phil Wilson

 

NC12

 

To move the following Clause:—

 

‘In section 29 of the Police Reform Act 2002 (Interpretation of Part 2), at the end

 

of subsection (4)(a) there is inserted “except where that person was a member of

 

the civilian staff of the police force and was off-duty at the time when the conduct

 

is supposed to have taken place.”.’.

 


 

Treatment of police support volunteers

 

Mr David Hanson

 

Gloria De Piero

 

Phil Wilson

 

NC13

 

To move the following Clause:—

 

‘The Secretary of State may make regulations providing that, for the purposes of

 

this Part, a police support volunteer is to be treated as a person serving with the

 

police.’.

 


 

Female genital mutilation review of legislation

 

Stephen Phillips

 

Richard Fuller

 

Stephen Barclay

 

Tracey Crouch

 

NC14

 

To move the following Clause:—

 

‘The Secretary of State must carry out an assessment of the Female Genital

 

Mutilation Act 2003, and must lay a copy of the assessment before Parliament

 

within 12 months of this section coming into force.’.

 



 
 

Public Bill Committee: 9 July 2013                     

146

 

Anti-social Behaviour, continued

 
 

Powers of community support officers

 

Stephen Barclay

 

Tracey Crouch

 

Stephen Phillips

 

NC15

 

To move the following Clause:—

 

‘(1)    

Part 1 of Schedule 4 to the Police Reform Act 2002 (powers exercisable by

 

community support officers) is amended as follows.

 

(2)    

After section 1(2)(b) insert—

 

“(ba)    

the power of a constable in uniform to give a person a fixed

 

penalty notice under section 54 of the Road Traffic Offenders

 

Act 1988 (c. 53) (fixed penalty notices) in respect of an offence

 

under section 42 of the Road Traffic Act 1988 c.53 (Breach of

 

other construction and use requirement) as specified by Table III

 

(Pedal cycle) of Schedule 1 (Obligatory Lamps, Reflectors, Rear

 

Markings and Devices) of the Road Vehicles Lighting

 

Regulations 1989/1796;”.’.

 

(3)    

In section 7B(1) after “sub-paragraphs” insert “(1A),”.

 

(4)    

After section 7B(1) insert—

 

“(1A)    

Where, in the exercise of the power referred to in paragraph 1A or

 

paragraph 3, a CSO has required a person to give his name and address,

 

and has reasonable grounds to suspect that person is in possession of a

 

controlled drug in contravention of the Misuse of Drugs Act 1971 or of

 

any regulations (or orders) made thereunder, the CSO may—

 

(a)    

search that person, and detain him for the purpose of searching

 

him;

 

(b)    

search any vehicle in which the constable suspects that the drug

 

may be found, and for that purpose require the person in control

 

of the vehicle to stop it.”.

 

(5)    

In section 11A(2) after “footway)”, insert “or an offence under section 42 of the

 

Road Traffic Act 1988 c.53 (Breach of other construction and use requirement)

 

as specified by Table III (Pedal cycle) of Schedule 1 (Obligatory Lamps,

 

Reflectors, Rear Markings and Devices) of the Road Vehicles (Lighting

 

Regulations 1989/1796.”.’.

 


 

Assault of workers

 

Mr David Hanson

 

Phil Wilson

 

Gloria De Piero

 

 

NC16

 

To move the following Clause:—

 

‘(1)    

A person, being a member of the public, who assaults a worker—

 

(a)    

in the course of that worker’s employment, or

 

(b)    

by reason of that worker’s employment,

 

    

commits an offence.


 
 

Public Bill Committee: 9 July 2013                     

147

 

Anti-social Behaviour, continued

 
 

(2)    

No offence is committed—

 

(a)    

under subsection (1)(a) unless the person who assaults knows or ought to

 

know that the worker is acting in the course of the worker’s employment,

 

(b)    

under subsection (1)(b) unless the assault is motivated, in whole or in

 

part, by malice towards the worker by reason of the worker’s

 

employment.

 

(3)    

In this section—

 

    

“worker” means a person whose employment involves dealing with members of

 

the public, to any extent, but only if that employment involves—

 

(a)    

being physically present in the same place and at the same time as one or

 

more members of the public, and

 

(b)    

(either or both)—

 

(i)    

interacting with those members of the public for the purposes of

 

the employment, or

 

(ii)    

providing a service to either particular members of the public or

 

the public generally,

 

    

“employment” in this context means any paid or unpaid work whether

 

under a contract, apprenticeship, or otherwise.

 

(4)    

Evidence from a single source is sufficient evidence to establish for the purpose

 

of subsection (1) whether a person is a worker.

 

(5)    

A person guilty of an offence under this Act is liable, on summary conviction, to

 

imprisonment for a period not exceeding 12 months or to a fine not exceeding

 

level 5 on the standard scale.’.

 


 

Offence of using a sham marriage to avoid immigration requirements

 

Richard Fuller

 

NC17

 

To move the following Clause:—

 

‘(1)    

A person commits an offence if he or she—

 

(a)    

applies to enter, for leave to remain or to settle in the United Kingdom,

 

and

 

(b)    

relies on a sham marriage in support of that application.

 

(2)    

A person guilty of an offence under this section is liable—

 

(a)    

on summary conviction, to imprisonment for a term not exceeding 12

 

months or to a fine or both;

 

(b)    

on conviction on indictment, to imprisonment for a term not exceeding

 

seven years.

 

(3)    

A “sham marriage” is a marriage entered into primarily for the purpose of

 

avoiding the effect on one or both of the parties of one or more provisions of

 

United Kingdom immigration law or the immigration rules.’.

 



 
 

Public Bill Committee: 9 July 2013                     

148

 

Anti-social Behaviour, continued

 
 

Requirement for parliamentary approval: changes to College of Policing

 

Mr David Hanson

 

Gloria De Piero

 

Phil Wilson

 

NC18

 

To move the following Clause:—

 

‘It shall be a duty of the Secretary of State to have approval from both Houses of

 

Parliament before any changes in funding or the introduction of membership are

 

made to the College of Policing.’.

 


 

Irregular rendition

 

Stephen Phillips

 

Tracey Crouch

 

Stephen Barclay

 

Richard Fuller

 

NC19

 

To move the following Clause:—

 

‘(1)    

A person who conducts, participates in or facilitates the apprehension and

 

extrajudicial transfer of a person from one country to another commits an offence.

 

(2)    

An offence is committed under subsection (1),

 

(a)    

whether the apprehension of the person takes place in the United

 

Kingdom or not,

 

(b)    

whether the transfer of the person is to or from the United Kingdom or

 

not.

 

(3)    

A person guilty of an offence under subsection (1) is liable on conviction on

 

indictment to a term not exceeding life imprisonment.’.

 


 

Regulation of newly-developed psychoactive substances

 

John Woodcock

 

NC20

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Secretary of State, no more than six months following Royal Assent of this

 

Act, shall publish proposals for reforms to the Misuse of Drugs Act 1971 for

 

consultation, to provide for a stand-alone regulatory and approval regime for

 

newly-developed psychoactive substances.

 

(2)    

Within three months of the consultation exercise referred to in subsection (1), the

 

Secretary of State shall lay before both Houses of Parliament an analysis of the

 

consultation responses and legislative proposals they consider necessary to


 
 

Public Bill Committee: 9 July 2013                     

149

 

Anti-social Behaviour, continued

 
 

improve the operation of the 1971 Act in relation to the regulation of newly-

 

developed psychoactive substances.’.

 


 

Consultation on proposals for reform of the Misuse of Drugs Act 1971

 

John Woodcock

 

NC21

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Secretary of State, no more than six months following Royal Assent of this

 

Act, shall publish proposals for reforms to the Misuse of Drugs Act 1971 and

 

other relevant legislation, for consultation, to reduce the evidential burden placed

 

on prosecuting authorities when demonstrating that a psychoactive substance has

 

been supplied, or offered to be supplied, for the purposes of causing intoxication.

 

(2)    

Within three months of the consultation exercise referred to in subsection (1), the

 

Secretary of State shall lay before both Houses of Parliament an analysis of the

 

consultation responses and legislative proposals they consider necessary to

 

improve the operation of the 1971 Act and other relevant legislation in relation to

 

the evidential burden in cases relating to the supply of psychoactive substances.’.

 


 

Mr Jeremy Browne

 

112

 

Schedule  7,  page  146,  line  16,  at end insert—

 

    ‘( )  

In paragraph 20A(4), at the end there is inserted “, but this is subject to

 

paragraph 19ZD (restriction on disclosure of sensitive information)”.

 

      ( )  

In paragraph 20C(4)—

 

(a)    

the words from the beginning to “sub-paragraph (3),” are omitted;

 

(b)    

at the end there is inserted “, except so far as—

 

(a)    

regulations made by virtue of sub-paragraph (3)

 

provide otherwise, or

 

(b)    

the Commission is prevented from doing so by

 

paragraph 19ZD (restriction on disclosure of

 

sensitive information).”

 

      ( )  

In paragraph 20H(5)—

 

(a)    

the words from the beginning to “sub-paragraph (4),” are omitted;

 

(b)    

at the end there is inserted “, except so far as—

 

(a)    

regulations made by virtue of sub-paragraph (4)

 

provide otherwise, or

 

(b)    

the Commission is prevented from doing so by

 

paragraph 19ZD (restriction on disclosure of

 

sensitive information).”


 
 

Public Bill Committee: 9 July 2013                     

150

 

Anti-social Behaviour, continued

 
 

      ( )  

In paragraph 23(12)—

 

(a)    

the words from the beginning to “sub-paragraph (11),” are omitted;

 

(b)    

at the end there is inserted “, except so far as—

 

(a)    

regulations made by virtue of sub-paragraph (11)

 

provide otherwise, or

 

(b)    

the Commission is prevented from doing so by

 

paragraph 19ZD (restriction on disclosure of

 

sensitive information).”

 

      ( )  

In paragraph 24A(3), after “a report” there is inserted “to the Commission”.’.

 


 

Mr Jeremy Browne

 

109

 

Clause  140,  page  107,  line  30,  at end insert—

 

‘( )    

section [Retention of personal samples that are or may be

 

disclosable](1);’.

 

Mr Jeremy Browne

 

110

 

Clause  140,  page  108,  line  2,  at end insert—

 

‘( )    

section [Retention of personal samples that are or may be

 

disclosable](2);’.

 

 

ORDER OF THE HOUSE [10 June 2013]

 

That the following provisions shall apply to the Anti-social Behaviour, Crime and

 

Policing 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 16 July 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.


 
 

Public Bill Committee: 9 July 2013                     

151

 

Anti-social Behaviour, continued

 
 

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 [18 June 2013]

 

[AS AMENDED 27 JUNE 2013]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 18

 

June) meet—

 

(a)  

at 2.00 pm on Tuesday 18 June;

 

(b)  

at 11.30 am and 2.00 pm on Thursday 20 June;

 

(c)  

at 8.55 am and 2.00 pm on Tuesday 25 June;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 27 June;

 

(e)  

2.00 pm on Tuesday 2 July;

 

(f)  

at 11.30 am and 2.00 pm on Thursday 4 July;

 

(g)  

at 8.55 am and 2.00 pm on Tuesday 9 July;

 

(h)  

at 11.30 am and 2.00 pm on Thursday 11 July.

 

(i)  

at 8.55 am and 2.00 pm on Tuesday 16 July.

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 

TABLE

 

Date

Time

Witness

 
 

Tuesday

Until no later

Police Superintendents’ Association of

 
 

18 June

than 10.00 am

England and Wales;

 
   

Police Federation of England and Wales

 
  

Until no later

Independent Police Complaints

 
  

than 2.30 pm

Commission

 
  

Until no later

Local Government Association;

 
  

than 4.00 pm

Social Landlords Crime and Nuisance

 
   

Group;

 
   

Chartered Institute of Housing;

 
   

Standing Committee on Youth Justice

 
  

Until no later

College of Policing;

 
  

than 5.00 pm

John Randall, Independent Chair of the

 
   

Police Negotiating Board and Police

 
   

Advisory Board for England and Wales

 
 

Thursday

Until no later

Association of Police and Crime

 
 

20 June

than 12.30 pm

Commissioners;

 
   

Chief police officers

 
  

Until no later

Karma Nirvana;

 
  

than 1.00 pm

Freedom

 
  

Until no later

Victim Support

 
  

than 2.45 pm

  
  

Until no later

Fair Trials International

 
  

than 3.15 pm

  
  

Until no later

Liberty

 
  

than 4.00 pm

  
  

Until no later

Royal Society for the Prevention of

 
  

than 4.30 pm

Cruelty to Animals;

 
   

Dogs Trust

 
  

Until no later

Home Office

 
  

than 5.15 pm

  

 
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Revised 9 July 2013