House of Commons Public Bill Committee Proceedings

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 15 October 2013
304

Anti-social Behaviour, Crime and Policing Bill, continued

(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

Not called  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.

(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—

Report Stage Proceedings: 15 October 2013
305

Anti-social Behaviour, Crime and Policing Bill, continued

(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

Not called  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;

(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.”

Report Stage Proceedings: 15 October 2013
306

Anti-social Behaviour, Crime and Policing Bill, continued

(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

Negatived on division  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—

(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.

Report Stage Proceedings: 15 October 2013
307

Anti-social Behaviour, Crime and Policing Bill, continued

“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

Not called  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

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—

Report Stage Proceedings: 15 October 2013
308

Anti-social Behaviour, Crime and Policing Bill, continued

(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

Not called  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).

Report Stage Proceedings: 15 October 2013
309

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

Not called  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

Not called  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.”.’.

Report Stage Proceedings: 15 October 2013
310

Anti-social Behaviour, Crime and Policing Bill, continued

Secretary Theresa May

Agreed to  49

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

Wales’.

Secretary Theresa May

Agreed to  50

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

Wales’.

Secretary Theresa May

Agreed to  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

Agreed to  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

Agreed to  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

Agreed to  54

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

Secretary Theresa May

Agreed to  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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