Session 2013 - 14
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Other Bills before Parliament


 
 

Consideration of Bill: 15 October 2013                  

1070

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(4B)    

The judge must decide the question in subsection (4A) on the balance of

 

probabilities, but if he considers there is a reasonable doubt as to that

 

question, he may not decide it in the affirmative unless he has first

 

requested the issuing authority to provide further information within the

 

time specified in the request (which must not be less than a reasonable

 

time in all the circumstances) and the issuing authority has provided him

 

with the information requested within that time.

 

(4C)    

If the judge decides the question in subsection (4A) in the negative he

 

must order the person’s discharge.”.’.

 


 

Human rights: legal and evidential standards

 

Mr Dominic Raab

 

Nick de Bois

 

Keith Vaz

 

Ms Gisela Stuart

 

Mr Graham Brady

 

Zac Goldsmith

 

Steve Baker

 

Bob Blackman

 

Mrs Anne Main

 

Conor Burns

 

Mr Douglas Carswell

 

Simon Reevell

 

Sir Richard Shepherd

 

Martin Vickers

 

Mr John Redwood

 

Dr Sarah Wollaston

 

Mark Reckless

 

Mr Bernard Jenkin

 

Mr David Ruffley

 

Mr Phillip Hollobone

 

Richard Drax

 

Mr William Cash

 

Mr Charles Walker

 

Mark Field

 

Mr David Nuttall

 

Mr David Davis

 

Mark Pritchard

 

Tim Loughton

 

Henry Smith

 

NC24

 

To move the following Clause:—

 

‘(1)    

The Extradition Act 2003 is amended as follows.

 

(2)    

After section 21 (Human rights) insert—

 

“21A  

Human rights: legal and evidential standards

 

(1)    

This section applies if the judge is required, under section 21 or 21A, to

 

determine whether extradition would be compatabile with the

 

Convention righs.

 

(2)    

The person’s extradition would not be compatible with the Convention

 

rights if—

 

(a)    

there is a real risk that the person, if surrendered, would be

 

subject to treatment in the category 1 territory that, if taking

 

place in the United Kingdom, would be an act or omission made

 

unlawful by section 6 of the 1998 Act;

 

(b)    

in relation to the matters giving rise to the Part 1 warrant, the

 

person has previously been subject to treatment that, if taking

 

place in the United Kingdom, would be an act or omission made

 

unlawful by section 6 of the 1998 Act; or

 

(c)    

the person’s removal from the United Kingdom would be

 

incompatible with the Convention rights.


 
 

Consideration of Bill: 15 October 2013                  

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(3)    

The judge shall not treat a matter set out in subsection (2)(a) or (b) as

 

established unless there is material before him on which a court might

 

reasonably so conclude; but if there is such material before him, he shall

 

treat that matter as established unless satisfied to the contrary.

 

(4)    

For the purposes of subsection (3), the judge shall have regard to—

 

(a)    

judgements issued by the European Court of Human Rights

 

against the category 1 territory under Article 46 of the

 

Convention (pilot judgement);

 

(b)    

the existence of proceedings under Article 226 of the Treaty on

 

the Functioning of the European Union against the category 1

 

territory in respect of measures adopted under Article 82(2) of

 

that Treaty, and any judgment given by the Court of Justice of the

 

European Union in such proceedings.”.’.

 


 

Forum

 

Mr Dominic Raab

 

Nick de Bois

 

Keith Vaz

 

Ms Gisela Stuart

 

Mr Graham Brady

 

Zac Goldsmith

 

Steve Baker

 

Bob Blackman

 

Mrs Anne Main

 

Conor Burns

 

Mr Douglas Carswell

 

Simon Reevell

 

Sir Richard Shepherd

 

Martin Vickers

 

Mr John Redwood

 

Dr Sarah Wollaston

 

Mark Reckless

 

Mr Bernard Jenkin

 

Mr David Ruffley

 

Mr Phillip Hollobone

 

Richard Drax

 

Mr William Cash

 

Mr Charles Walker

 

Mark Field

 

Mr David Nuttall

 

Mr David Davis

 

Mark Pritchard

 

Tim Loughton

 

Henry Smith

 

NC25

 

To move the following Clause:—

 

‘(1)    

Schedule 20 (Extradition) of the Crime and Court Act 2013 is amended as

 

follows.

 

(2)    

In paragraph 3, omit from subparagraph (2)(a) to the end of the paragraph and

 

substitute—

 


 

“decides that a substantial measure of D’s relevant activity was performed in the

 

United Kingdom unless, having regard to the interest of justice, the judge decides

 

that the extradition should take place.

 

(3)    

Matters relevant to the interests of justice include but are not limited to—

 

(a)    

the extent and place where most of the loss or harm resulting

 

from the extradition offence occurred or was intended to occur;

 

(b)    

the interests of any victims of the extradition offence;

 

(c)    

the availability of evidence necessary for a fair trial in the United

 

Kingdom and in jurisdictions outside the United Kingdom;

 

(d)    

the desirability and practicability of all prosecutions relating to

 

the extradition offence taking place in one jurisdiction;


 
 

Consideration of Bill: 15 October 2013                  

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(e)    

D’s nationality, place of habitual residence and other

 

connections with the United Kingdom.

 

(4)    

In this section “D’s relevant activity” means activity which is material to

 

the commission of the extradition offence and which is alleged to have

 

been performed by D.”

 

(3)    

In paragraph 6, omit from subparagraph (2)(a) to the end of the paragraph and

 

substitute—

 

“decides that a substantial measure of D’s relevant activity was performed in the

 

United Kingdom unless, having regard to the interests of justice, the judge

 

decides that the extradition should take place.

 

“(3)    

Matters relevant to the interest of justice include but are not limited to—

 

(a)    

the extent and place where most of the loss or harm resulting

 

from the extradition offence occurred or was intended to occur;

 

(b)    

the interest of any victims of the extradition offence;

 

(c)    

the availability of evidence necessary for a trial in the United

 

Kingdom and in jurisdictions outside the United Kingdom;

 

(d)    

the desirability and practicability of all prosecution, relating to

 

the extradition offfence taking place in one jurisdiction;

 

(e)    

D’s nationality, place of habitual residence and other

 

connections with the United Kingdom.

 

(4)    

In this section “D’s relevant activity” means activity which is material to the

 

commission of the extradition offence and which is alleged to have been

 

performed by D.”.’.

 


 

Assault on workers in public facing roles

 

Jack Dromey

 

Mr David Hanson

 

Helen Jones

 

Diana Johnson

 

Mr Steve Reed

 

Phil Wilson

 

NC26

 

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—


 
 

Consideration of Bill: 15 October 2013                  

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(a)    

being physically present in the same place and at the same time

 

as one or more members of the public; and

 

(b)    

(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.’.

 


 

Long-term police authorisation requiring independent approval

 

Jack Dromey

 

Mr David Hanson

 

Helen Jones

 

Diana Johnson

 

Mr Steve Reed

 

Phil Wilson

 

NC27

 

To move the following Clause:—

 

‘( )    

The Regulation of Investigatory Powers Act 2000 is amended as follows—

 

(a)    

after section 32A (Authorisations requiring judicial approval) insert—

 

“32AA

 Long-term police authorisations requiring independent

 

approval

 

(1)    

This section applies where a relevant person has granted a long-

 

term authorisation under section 29.

 

(2)    

The authorisation is not to take effect until such time (if any) as

 

the relevant independent body has made an order approving the

 

grant of the authorisation.

 

(3)    

The relevant independent body may give approval under this

 

section to the granting of an authorisation under section 29 if,

 

and only if, the relevant independent body is satisfied that—

 

(a)    

at the time of the grant—

 

(i)    

there were reasonable grounds for believing that

 

the requirements of section 29(2), and any

 

requirements imposed by virtue of section

 

29(7)(b) are satisfied in relation to that

 

authorisation, and

 

(ii)    

the relevant conditions were satisfied in relation

 

to that authorisation, and

 

(b)    

at the time when the relevant independent body is

 

considering the matter, there remain reasonable grounds

 

for believing that the requirements of section 29(2), and


 
 

Consideration of Bill: 15 October 2013                  

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

any requirements imposed by virtue of section 29(7)(b)

 

are satisfied in relation to that authorisation.

 

(4)    

For the purposes of subsection (3) the relevant conditions in

 

relation to a grant by an individual holding an office, rank or

 

position in a relevant law enforcement agency, that—

 

(a)    

the individual was a designated person for the purposes

 

of section 29,

 

(b)    

the grant of an authorisation was not in breach of any

 

prohibition imposed by virtue of section 29(7)(a) or any

 

restriction imposed by virtue of section 30(3), and

 

(c)    

any other conditions that may be provided for by the

 

Secretary of State were satisfied.

 

(5)    

In this section—

 

“relevant law enforcement authority” means—

 

(a)    

a police force in the United Kingdom, and

 

(b)    

the National Crime Agency.

 

“relevant judicial authority” means—

 

(a)    

in relation to England and Wales, the High Court of

 

Justice in England and Wales,

 

(b)    

in relation to Scotland, the Court of Session, and

 

(c)    

in relation to Northern Ireland, the High Court of Justice

 

in Northern Ireland.

 

“relevant person” means—

 

(a)    

an individual holding an office, rank or position in a

 

police force in the United Kingdom, and

 

(b)    

an individual holding an office, rank or position in the

 

National Crime Agency.

 

(6)    

In this section—

 

“relevant independent body” must be set out by the Home Secretary

 

in a motion passed by both Houses of Parliament before this

 

Clause is enacted.

 

“long-term” must be set out by the Home Secretary in a motion

 

passed by both Houses of Parliament before this Clause is

 

enacted.”.’.

 


 

Annual review of Schedule 7 to the Terrorism Act

 

Dr Julian Huppert

 

NC31

 

To move the following Clause:—

 

‘(1)    

The Independent Reviewer of Terrorism Legislation shall monitor and publish a

 

report to Parliament providing an analysis of the application of Schedule 7 to the

 

Terrorism Act 2000.

 

(2)    

The report shall include an assessment of those persons stopped, questioned or

 

detained who have protected characteristics within the meaning of section 4 of the

 

Equality Act 2010 (The protected characteristics).


 
 

Consideration of Bill: 15 October 2013                  

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(3)    

A Minister of the Crown, must not later than 3 months after the report has been

 

laid before Parliament, make a motion in the House of Commons in relation to

 

the report.’.

 


 

Sunset provision for Schedule 7 to the Terrorism Act 2000

 

Dr Julian Huppert

 

NC32

 

To move the following Clause:—

 

‘(1)    

Schedule 7 to the Terrorism Act 2000 shall be repealed, five years after the

 

commencement of this Act, unless continued in force by an order under

 

subsection (2).

 

(2)    

The Secretary of State may by order made by statutory instrument provide—

 

(a)    

that those provisions which are in force shall continue in force for a

 

period not exceeding five years from the coming into operation of the

 

order; or

 

(b)    

that those provisions which are for the time being in force shall cease to

 

be in force.

 

(3)    

No order shall be made under subsection (2) unless a draft of the order has been

 

laid before and approved by a resolution of both Houses of Parliament.’.

 


 

Public order offences committed against constables in private dwellings

 

Ann Coffey

 

NC34

 

To move the following Clause:—

 

‘(1)    

In section 4A of the Public Order Act 1986, after subsection (3) there is

 

inserted—

 

“(4)    

Subsection 2 and subsection 3(a) do not apply where the person who is

 

harassed, alarmed or distressed is a constable who is present in the

 

dwelling in the execution of his duty.”.

 

(2)    

In section 5 of the Public Order Act 1986, after subsection (3) there is inserted—

 

“(4)    

Subsection 2 and subsection 3(b) do not apply where the person who is

 

harassed, alarmed or distressed is a constable who is present in the

 

dwelling in the execution of his duty.”.

 

(3)    

In section 18 of the Public Order Act 1986, after subsection (2) there is inserted—

 

“(3)    

Subsection 2 and subsection (4) do not apply where the person who is

 

harassed, alarmed or distressed is a constable who is present in the

 

dwelling in the execution of his duty.”.’.

 



 
 

Consideration of Bill: 15 October 2013                  

1076

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

Secretary Theresa May

 

49

 

Clause  104,  page  75 ,  line  17,  after ‘offence’ insert ‘under the law of England and

 

Wales’.

 

Secretary Theresa May

 

50

 

Clause  104,  page  75 ,  line  22,  after ‘offence’ insert ‘under the law of England and

 

Wales’.

 


 

Secretary Theresa May

 

51

 

Clause  112,  page  80,  line  24,  at end insert—

 

‘( )    

The Secretary of State may secure the reimbursement of payments made under

 

section 61(5) or (7) of the Police Act 1996 (payment by Scottish Ministers or

 

Department of Justice in Northern Ireland towards expenses incurred by the

 

Police Negotiating Board for the United Kingdom) to the extent that, by reason

 

of the abolition of the Board, the payments are not needed.’.

 


 

Secretary Theresa May

 

52

 

Clause  114,  page  83,  line  22,  leave out ‘Police Advisory Board for England and

 

Wales’ and insert ‘appropriate advisory or negotiating body’.

 

Secretary Theresa May

 

53

 

Clause  114,  page  83,  line  24,  at end insert—

 

‘“(1A)    

In subsection (1) above, “the appropriate advisory or negotiating body” means—

 

(a)    

as regards England and Wales, the Police Advisory Board for England

 

and Wales;

 

(b)    

as regards Scotland, the Police Negotiating Board for Scotland.’.

 

Secretary Theresa May

 

54

 

Clause  114,  page  83,  line  25,  after ‘above’ insert ‘as regards England and Wales,’.

 

Secretary Theresa May

 

55

 

Clause  114,  page  83,  line  37,  leave out from ‘paragraph’ to end of line 40 and insert

 

‘3, for sub-paragraph (3) there is substituted—

 

    “(3)  

The Secretary of State shall—

 

(a)    

consult with the Police Advisory Board for England and Wales before

 

exercising the power as regards England and Wales;

 

(b)    

consult with the Police Negotiating Board for Scotland before

 

exercising the power as regards Scotland;


 
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