House of Commons Public Bill Committee Proceedings

Session 2013 - 14
Internet Publications
Other Bills before Parliament

31

House of Commons

Tuesday 9 July 2013

Public Bill Committee Proceedings

Anti-social Behaviour ,

Crime and Policing Bill

[TWELFTH AND THIRTEENTH SITTINGs]

Clauses 100 to 102 Agreed to.

Bridget Phillipson

Mrs Emma Lewell-Buck

Simon Danczuk

Sarah Champion

Gloria De Piero

Phil Wilson

Mr David Hanson

Negatived on division  118

Clause  103,  page  75,  line  15,  at end add—

‘(8)
It shall be a duty on the Secretary of State to prepare and publish guidance about

the effect of this section before it comes into force to such descriptions of persons

as the Secretary of State considers appropriate.

(9)
A person exercising public functions to whom guidance is given under this

section must have regard to it in the exercise of those functions.’.

Clause Agreed to.

Richard Fuller

Withdrawn  127

Clause  104,  page  75,  line  18,  after ‘coercion’, insert ‘or any form of deception’.

Paul Maynard

Not called  53

Clause  104,  page  75,  line  27,  at end add—

‘(2A)
A person commits an offence if he or she—

Public Bill Committee Proceedings: 9 July 2013
32

Anti-social Behaviour, continued

(a)
causes a person to enter into a marriage who lacks capacity, as

determined by the Mental Capacity Act 2005,

(b)
uses violence, threats or any other form of coercion, or practises any form

of deception for the purposes of causing another person to enter into a

marriage, and believes, or should reasonably believe, that such conduct

may diminish the other person’s capacity to make decisions, to the extent

that they no longer have capacity to consent to the marriage.’.

Bridget Phillipson

Mrs Emma Lewell-Buck

Simon Danczuk

Sarah Champion

Gloria De Piero

Phil Wilson

Mr David Hanson

Not called  119

Clause  104,  page  76,  line  8,  at end add—

‘(9)
It shall be a duty on the Secretary of State to prepare and publish guidance about

the effect of this section before it comes into force to such descriptions of persons

as the Secretary of State considers appropriate.

(10)
A person exercising public functions to whom guidance is given under this

section must have regard to it in the exercise of those functions.’.

Clause Agreed to.

Mr David Hanson

Gloria De Piero

Phil Wilson

Withdrawn  2

Clause  105,  page  76,  line  21,  leave out from ‘so’ to end of line 22.

Mr David Hanson

Gloria De Piero

Phil Wilson

Not called  3

Clause  105,  page  77,  line  13,  leave out from ‘so’ to end of line 14.

Mr David Hanson

Gloria De Piero

Phil Wilson

Not called  4

Clause  105,  page  77,  line  31,  leave out from ‘so’ to end of line 32.

Clause Agreed to.

Clause 106 Agreed to.

Public Bill Committee Proceedings: 9 July 2013
33

Anti-social Behaviour, continued

Mr David Hanson

Gloria De Piero

Phil Wilson

Withdrawn  47

Clause  107,  page  78,  line  22,  leave out from‘officer’ to end of line 24.

Mr David Hanson

Gloria De Piero

Phil Wilson

Negatived on division  59

Clause  107,  page  78,  line  29,  at end insert—

‘(c)
the scope of use by police forces of civilian and contracted staff.’.

Clause Agreed to.

Mr David Hanson

Gloria De Piero

Phil Wilson

Withdrawn  60

Clause  113,  page  80,  line  33,  leave out ‘five’ and insert ‘four’.

Mr David Hanson

Gloria De Piero

Phil Wilson

Not called  61

Clause  113,  page  80,  line  33,  at end insert ‘and one member appointed by the

Department of Justice in Northern Ireland.’.

Mr David Hanson

Gloria De Piero

Phil Wilson

Not called  62

Clause  113,  page  81,  line  4,  leave out from ‘(4)’ to end line of 6, and insert ‘may

not be made unless a draft of the instrument has been laid before both Houses of

Parliament and approved by a resolution of each House.’.

Clause Agreed to.

Mr David Hanson

Phil Wilson

Gloria De Piero

Not called  126

Schedule  5,  page  129,  line  25,  at end add—

‘(c)
the quorum for the review body.’.

Schedule Agreed to.

Public Bill Committee Proceedings: 9 July 2013
34

Anti-social Behaviour, continued

Clauses 114 and 115 Agreed to.

Mr Jeremy Browne

Agreed to  98

Clause  116,  page  85,  line  39,  after ‘Part’ insert ‘and of any regulations made under

this Part’.

Mr Jeremy Browne

Agreed to  99

Clause  116,  page  85,  line  44,  after ‘Part’ insert ‘, and to any regulations made under

this Part,’.

Clause, as amended, Agreed to.

Clause 117 Agreed to.

Mr Jeremy Browne

Agreed to  100

Clause  118,  page  86,  leave out lines 35 to 37.

Mr Jeremy Browne

Agreed to  101

Clause  118,  page  86,  line  39,  leave out ‘that Act’ and insert ‘the Regulation of

Investigatory Powers Act 2000’.

Mr Jeremy Browne

Agreed to  102

Clause  118,  page  86,  line  39,  at end insert—

‘( )
to provide information that was provided to the person by, or by an

agency of, the Government of a country or territory outside the United

Kingdom where that Government does not consent to the disclosure of

the information.’.

Mr Jeremy Browne

Agreed to  103

Clause  118,  page  86,  line  39,  at end insert—

    ‘( )
Neither must an information notice require a postal or telecommunications

operator (within the meaning of Chapter 2 of Part 1 of the Regulation of

Investigatory Powers Act 2000) to provide communications data (within the

meaning of that Chapter).’.

Mr Jeremy Browne

Agreed to  104

Clause  118,  page  87,  line  30,  leave out from beginning to line 4 on page 88 and

insert—

Public Bill Committee Proceedings: 9 July 2013
35

Anti-social Behaviour, continued

‘Sensitive information: restriction on further disclosure

19ZD (1)
Where the Commission receives information within sub-paragraph (2) under

an information notice, it must not disclose (whether under section 11, 20 or 21

or otherwise) the information, or the fact that it has received it, unless the

relevant authority consents to the disclosure.

      (2)
The information is—

(a)
intelligence service information,

(b)
intercept information, or

(c)
information obtained (directly or indirectly) from a government

department which, at the time it is provided to the Commission, is

identified by the department as information the disclosure of which

may, in the opinion of the relevant authority, cause damage to—

(i)
national security or international relations, or

(ii)
the economic interests of the United Kingdom or any part of

the United Kingdom.

      (3)
Where the Commission discloses to another person information within sub-

paragraph (2), or the fact that it has received it, that person must not disclose

that information or that fact unless the relevant authority consents to the

disclosure.’.

Mr Jeremy Browne

Agreed to  105

Clause  118,  page  88,  line  5,  at end insert—

‘“government department” means a department of Her Majesty’s

Government but does not include—

(a)
the Security Service,

(b)
the Secret Intelligence Service, or

(c)
the Government Communications Headquarters (“GCHQ”);’.

Mr Jeremy Browne

Agreed to  106

Clause  118,  page  88,  line  12,  leave out ‘the Government Communications

Headquarters (“GCHQ”)’ and insert ‘GCHQ’.

Mr Jeremy Browne

Agreed to  107

Clause  118,  page  88,  line  19,  at end insert—

‘“Minister of the Crown” includes the Treasury;’.

Mr Jeremy Browne

Agreed to  108

Clause  118,  page  88,  line  34,  at end insert—

‘( )
in the case of information within sub-paragraph (2)(c)—

(i)
the Secretary of State, or

(ii)
the Minister of the Crown in charge of the government

department from which the information was obtained (if that

Minister is not a Secretary of State);’.

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 9 July 2013
36

Anti-social Behaviour, continued

Clause 119 Agreed to.

Mr David Hanson

Phil Wilson

Gloria De Piero

Withdrawn  124

Clause  120,  page  91,  line  12,  after ‘period’, insert ‘but not by more than 20 days.’.

Clause Agreed to.

Clause 121 Agreed to.

Mr David Hanson

Phil Wilson

Gloria De Piero

Withdrawn  125

Clause  122,  page  95,  line  11,  leave out subsection (2).

Clause Agreed to.

Mr David Hanson

Gloria De Piero

Phil Wilson

Negatived on division  34

Clause  123,  page  95,  line  16,  leave out ‘may’ and insert ‘shall’.

Mr David Hanson

Gloria De Piero

Phil Wilson

Not called  35

Clause  123,  page  95,  line  27,  leave out ‘may’ and insert ‘shall’.

Mr David Hanson

Gloria De Piero

Phil Wilson

Negatived on division  36

Clause  123,  page  95,  line  29,  at end insert—

‘(3A)
The Secretary of State shall from time to time publish guidance as to the quality

standard of service expected under this section.’.

Clause Agreed to.

Public Bill Committee Proceedings: 9 July 2013
37

Anti-social Behaviour, continued

Mr Jeremy Browne

Agreed to  111

Schedule  6,  page  132,  line  28,  at end insert—

‘Power to make and retain copies


In Schedule 7 to the Terrorism Act 2000, after paragraph 11 there is inserted—

“Power to make and retain copies

11A(1)
This paragraph applies where the examining officer is a constable.

      (2)
The examining officer may copy anything which—

(a)
is given to the examining officer in accordance with

paragraph 5,

(b)
is searched or found on a search under paragraph 8, or

(c)
is examined under paragraph 9.

      (3)
The copy may be retained—

(a)
for so long as is necessary for the purpose of determining

whether a person falls within section 40(1)(b),

(b)
while the examining officer believes that it may be needed

for use as evidence in criminal proceedings, or

(c)
while the examining officer believes that it may be needed

in connection with a decision by the Secretary of State

whether to make a deportation order under the Immigration

Act 1971.”’.

Schedule, as amended, Agreed to.

Mr Robert Syms

That the Order of the Committee of 18 June be amended as follows—

Line 11, leave out ‘and 2.00 pm’.

[Adjourned until Thursday at 11.30 am



© Parliamentary copyright	Revised 10 July 2013