House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 16 July 2013
208

Anti-social Behaviour, continued

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.

(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.’.

Public Bill Committee: 16 July 2013
209

Anti-social Behaviour, continued

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.’.

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,

Public Bill Committee: 16 July 2013
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Anti-social Behaviour, continued

(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

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

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

Sarah Champion

NC21

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.’.

Public Bill Committee: 16 July 2013
211

Anti-social Behaviour, continued

New Schedule

Mr Jeremy Browne

ns1

To move the following Schedule:—

‘SCHEDULE

powers to seize invalid passports etc

Interpretation

1    (1)
In this Schedule “examining officer” means—

(a)
a constable,

(b)
a person appointed as an immigration officer under paragraph 1 of

Schedule 2 to the Immigration Act 1971, or

(c)
a general customs official designated under section 3(1) of the

Borders, Citizenship and Immigration Act 2009.

      (2)
In this Schedule “travel document” means anything that is, or appears to be, a

passport or other document which—

(a)
has been issued by or for Her Majesty’s Government, or the

government of another state, and

(b)
enables or facilitates travel from one state to another.

      (3)
For the purposes of this Schedule a travel document is “invalid” if—

(a)
it has been cancelled,

(b)
it has expired,

(c)
it was not issued by the government or authority by which it purports

to have been issued, or

(d)
it has undergone an unauthorised alteration.

      (4)
In this Schedule “port” means—

(a)
an airport,

(b)
a sea port,

(c)
a hoverport,

(d)
a heliport,

(e)
a railway station where passenger trains depart for, or arrive from,

places outside the United Kingdom, or

(f)
any other place at which a person is able, or attempting, to get on or

off any craft, vessel or vehicle in connection with entering or leaving

Great Britain or Northern Ireland.

Powers of search and seizure etc: ports

2    (1)
An examining officer may exercise any of the powers under this paragraph in

the case of a person at a port whom the officer believes to be there in

connection with—

(a)
entering or leaving Great Britain or Northern Ireland, or

(b)
travelling by air within Great Britain or within Northern Ireland.

      (2)
The powers are—

(a)
to require the person to hand over all travel documents in his or her

possession for inspection by the examining officer;

(b)
to search for travel documents and to take possession of any that the

officer finds;

Public Bill Committee: 16 July 2013
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Anti-social Behaviour, continued

(c)
to inspect any travel document taken from the person and to retain it

while its validity is checked;

(d)
(subject to paragraph 4) to retain any travel document taken from the

person that the examining officer believes to be invalid.

      (3)
The power under sub-paragraph (2)(b) is a power to search—

(a)
the person;

(b)
anything that the person has with him or her;

(c)
any vehicle in which the examining officer believes the person to have

been travelling or to be about to travel.

      (4)
An examining officer may stop a person or vehicle for the purposes of

exercising a power under this paragraph.

Powers of search and seizure etc: constables

3    (1)
A constable may exercise any of the powers under this paragraph, at a place

that is not a port, in the case of a person whom the constable reasonably

believes to be in possession of a passport to which this paragraph applies.

      (2)
This paragraph applies to a passport if—

(a)
the passport was issued by or for Her Majesty’s Government,

(b)
the Secretary of State has cancelled the passport on the basis that the

person to whom it was issued has or may have been, or will or may

become, involved in activities so undesirable that it is contrary to the

public interest for the person to have access to passport facilities, and

(c)
the passport is specified in an authorisation issued by the Secretary of

State for the use of the powers under this paragraph.

      (3)
The powers are—

(a)
to require the person to hand over all travel documents in his or her

possession for inspection by the constable;

(b)
to search for travel documents and to take possession of any that the

constable finds;

(c)
to inspect any travel document taken from the person and to retain it

while its validity is checked;

(d)
(subject to paragraph 4) to retain any travel document taken from the

person that the constable believes to be invalid.

      (4)
The power under sub-paragraph (3)(b) is a power to search—

(a)
the person;

(b)
anything that the person has with him or her;

(c)
any vehicle in which the constable believes the person to have been

travelling or to be about to travel;

(d)
any premises on which the constable is lawfully present.

Retention or return of documents seized

4    (1)
If a travel document is retained under paragraph 2(2)(c) or 3(3)(c) while its

validity is checked, the checking must be carried out as soon as possible.

      (2)
If it is established that a travel document taken from a person under paragraph

2 or 3—

(a)
is valid, or

(b)
is invalid only because it has expired,


it must be returned to the person straight away.

      (3)
A travel document taken from a person under paragraph 2 or 3 must be

returned to the person before the end of the period of 7 days beginning with the

Public Bill Committee: 16 July 2013
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Anti-social Behaviour, continued

day on which it was taken, unless during that period it is established that the

document is invalid for some reason other than expiry.

      (4)
A requirement under sub-paragraph (2)(b) or (3) to return an expired travel

document does not apply where the officer concerned reasonably believes that

the person from whom he or she took the document, or some other person,

intends to use it for purposes for which it is no longer valid.

      (5)
A requirement under sub-paragraph (2) or (3) to return a travel document has

effect subject to any provision not in this Schedule under which the document

may be lawfully retained.

General

5    (1)
An examining officer may if necessary use reasonable force for the purpose of

exercising a power under paragraph 2 or 3.

      (2)
An examining officer may authorise a person to carry out on the officer’s

behalf a search under paragraph 2 or 3.

Offences

6    (1)
A person who is required under paragraph 2(2)(a) or 3(3)(a) to hand over all

travel documents in the person’s possession commits an offence if he or she

fails without reasonable excuse to do so.

      (2)
A person who intentionally obstructs, or seeks to frustrate, a search under

paragraph 2 or 3 commits an offence.

      (3)
A person guilty of an offence under this paragraph is liable on summary

conviction—

(a)
to imprisonment for a term not exceeding 6 months, or

(b)
to a fine, which in Scotland or Northern Ireland may not exceed

£5,000,


or to both.

7
An examining officer, other than a constable, exercising a power under

paragraph 2 has the same powers of arrest without warrant as a constable in

relation to an offence under—

(a)
paragraph 6, or

(b)
section 4 or 6 of the Identity Documents Act 2010.’.

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).”

Public Bill Committee: 16 July 2013
214

Anti-social Behaviour, continued

      ( )
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).”

      ( )
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

148

Schedule  7,  page  148,  line  3,  at end insert—

‘
In section 11 of the Extradition Act 2003 (bars to extradition), in subsection

(1A), for “by reason of forum only” there is substituted “by reason of—

(a)
absence of prosecution decision, or

(b)
forum,


only”.’.

Mr Jeremy Browne

149

Schedule  7,  page  148,  line  3,  at end insert—

  ‘(1)
Section 21 of that Act (human rights) is amended as follows.

      (1)
For the heading there is substituted “Person unlawfully at large: human

rights”.

      (2)
In subsection (1) the words “11 or” are omitted.’.

Mr Jeremy Browne

150

Schedule  7,  page  148,  line  6,  at end insert—

‘
In section 35 of that Act (extradition where there is no appeal), after subsection

(4) there is inserted—

“(4A)
If the day referred to in paragraph (a) of subsection (4) is earlier than

the earliest day on which, by reason of an order under section 36A or

36B, the extradition order may be carried out (“the postponed date”),

that paragraph has effect as if it referred instead to the postponed

date.”


In section 36 of that Act (extradition following appeal), after subsection (3)

there is inserted—

“(3A)
If the day referred to in paragraph (a) of subsection (3) is earlier than

the earliest day on which, by reason of an order under section 36A or

36B, the extradition order may be carried out (“the postponed date”),



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