House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

1555

House of Commons

Notices of Amendments

given on

Wednesday 18 February 2015

For other Amendment(s) see the following page(s) of Supplement to Votes:

1479-80, 1523-24 , 1531-33, 1535 and 1539-50

Consideration of Bill

Serious Crime Bill [Lords], As Amended

Mr Elfyn Llwyd

NC13

To move the following Clause—


“Violence in prisons: report to Parliament

(1)
Before section 75 comes into force, the Secretary of State shall lay a report before

Parliament setting out a strategy to reduce violence in prisons.

(2)
The report shall include (but need not be restricted to)—

(a)
an assessment of research evidence on effective approaches to reducing

violence in prisons;

(b)
an assessment of existing strategies and approaches which the prison

service has in place to reduce violence in prisons;

(c)
an assessment of the necessary ratio of staff to prisoners required to

maintain a safe and secure prison environment;

(d)
an assessment of the arrangements in place for the training and

monitoring of prison staff in preventing and reducing violence.”

Mr Steve Reed

Jack Dromey

Seema Malhotra

NC14

To move the following Clause—


“Annual reports: cyber-crime strategy

The Police Reform and Social Responsibility Act 2011 is amended as follows—

In section 12 (Annual reports), at end insert—

“(8)
A report under this section must include details of the policing body’s

strategy for reducing cyber-crime and progress or performance against

any targets or equivalent metrics contained therein.””

Notices of Amendments: 18 February 2015
1556

Serious Crime Bill-[ [], continued

Norman Baker

21

Clause  73,  page  78,  line  22,  leave out “he or she was acting” and insert “their

behaviour was necessary in order to act, and”

Norman Baker

22

Clause  73,  page  78,  line  23,  at end insert—

“(aa)
a reasonable person in possession of the same information would think

that A’s behaviour was necessary in order to act in B’s best interests.”

Seema Malhotra

Jack Dromey

Mr Steve Reed

NC15

To move the following Clause—


“Encouragement of Female Genital Mutiliation Warning Notice and Orders

(EWNs and EWOs)

In the Female Genital Mutilation Act 2003, after section 2A (offence of

Encouragement of Female Genital Mutilation) insert—

“2B
Power to issue an Encouragement of Female Genital Mutilation

warning notice

(1)
A member of a police force not below the rank of superintendent (“the

authorising officer”) may issue an Encouragement of Female Genital

Mutilation warning notice (an “EWN”) under this section.

(2)
An EWN may be issued to a person (“A”) who is aged 18 or over if the

authorising officer has reasonable grounds for believing that A has been

encouraging the genital mutilation of women and girls as defined in

section 1.

(3)
Before issuing an EWN, the authorising officer must, in particular,

consider any representations made by A as to the issuing of the EWN.

(4)
The authorising officer must take reasonable steps to obtain the

representations mentioned in subsection (3).

(5)
An EWN must prohibit A from encouraging the genital mutilation of

women and girls.

2C
Contents and service of an Encouragement of Female Genital

Mutilation warning notice

(1)
An EWN must state—

(a)
the grounds on which it has been issued;

(b)
that a constable may arrest A without warrant if the constable has

reasonable grounds for believing that A is in breach of the EWN;

(c)
that an application for an Encouragement of Female Genital

Mutilation warning order an (“EWO”) under (application for an

EWO) shall be heard within 48 hours of the time of service of the

EWN and notice time and place of the hearing will be given to

A, and shall state that the EWN continues in effect until that

application has been determined.

Notices of Amendments: 18 February 2015
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Serious Crime Bill-[ [], continued

(2)
An EWN must be in writing and must be served on A personally by a

constable.

(3)
On serving A with an EWN, the constable must ask A for an address for

the purposes of being given notice of the hearing of the application for

the Encouragement of Female Genital Mutilation Warning Order.

2D
Breach of an Encouragement of Female Genital Mutilation warning

notice

(1)
A person arrested by virtue of section (contents and service of an EWN)

for a breach of an EWN shall be held in custody and brought before the

magistrates’ court which will hear the application for the EWO under

(application for an EWO)—

(a)
before the end of the period of 24 hours beginning with the time

of the arrest; or

(b)
if earlier, at the hearing of that application.

(2)
If the person is brought before the court by virtue of subsection (1)(a), the

court may remand the person.

(3)
If the court adjourns the hearing of the application by virtue of subsection

6(8), the court may remand the person.

(4)
In calculating when the period of 24 hours mentioned in subsection (1)(a)

ends, Christmas Day, Good Friday, any Sunday and any day which is a

bank holiday in England and Wales under the Banking and Financial

Dealings Act 1971 are to be disregarded.

2E
Application for an Encouragement of Female Genital Mutilation

warning order

(1)
If an EWN has been issued, a constable must apply for an Encouragement

of Female Genital mutilation warning order (an “EWO”).

(2)
The application must be made by complaint to a magistrates’ court.

(3)
The application must be heard by the magistrates’ court no later than 48

hours after the EWN was served pursuant to section (contents and service

of an EWN).

(4)
In calculating when the period of 48 hours mentioned in subsection (3)

ends, Christmas Day, Good Friday, any Sunday and any day which is a

bank holiday in England and Wales under the Banking and Financial

Dealings Act 1971 are to be disregarded.

(5)
Notice of the time and place of the hearing of the application must be

given to A.

(6)
The notice is deemed given if it has been left at the address given by A

under section 4(3).

(7)
If the notice has not been given because no address was given by A under

section 4(3), the court may hear the application for the EWO if the court

is satisfied that the constable applying for the EWO has made reasonable

efforts to give A the notice.

(8)
The magistrates’ court may adjourn the hearing of the application.

Notices of Amendments: 18 February 2015
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Serious Crime Bill-[ [], continued

(9)
If the court adjourns the hearing, the EWN continues in effect until the

application has been determined.

(10)
On the hearing of an application for an EWO, section 97 of the

Magistrates’ Court Act 1980 (summons to witness and warrant for his

arrest) does not apply in relation to a person for whose protection the

EWO would be made, except where the person has given oral or written

evidence at the hearing.

2F
Conditions for and contents of an Encouragement of Female Genital

Mutilation warning order (EWO)

(1)
The court may make an EWO if two conditions are met.

(2)
The first condition is that the court is satisfied on the balance of

probabilities that the conditions set out in section 3(2) are met.

(3)
The second condition is that the court is satisfied that making the EWO

is necessary to protect women and girls from harm as a result of the

encouragement of FGM by A.

(4)
An EWO must state that a constable may arrest A without warrant if the

constable has reasonable grounds for believing that A is in breach of the

EWO.

(5)
An EWO may be in force for—

(a)
no fewer than 14 days beginning with the day on which it is

made; and

(b)
up to a maximum of seven years from that date.

(6)
An EWO must state the period for which it is to be in force.

2G
Breach of an Encouragement of Female Genital Mutilation warning

order

(1)
A person arrested by virtue of section (conditions for and contents of an

EWO) for a breach of an EWO must be held in custody and brought

before a magistrates’ court within the period of 24 hours beginning with

the time of the arrest.

(2)
If the matter is not disposed of when the person is brought before the

court, the court may remand the person.

(3)
In calculating when the period of 24 hours mentioned in subsection (1)

ends, Christmas Day, Good Friday, any Sunday and any day which is a

bank holiday in England and Wales under the Banking and Financial

Dealings Act 1971 are to be disregarded.

2H
Further provision about remand

(1)
This section applies for the purposes of the remand of a person by a

magistrates’ court under section (Breach of an EWN) or (Breach of an

EWO).

(2)
In the application of section 128(6) of the Magistrates’ Court Act 1980

for those purposes, the reference to the “other party” is to be read—

(a)
in the case of a remand prior to the hearing of an application for

an EWO, as a reference to the authorising officer; and

(b)
in any other case, as a reference to the constable who applied for

the EWO.

Notices of Amendments: 18 February 2015
1559

Serious Crime Bill-[ [], continued

(3)
If the court has reason to suspect that a medical report will be required,

the power to remand a person may be exercised for the purpose of

enabling a medical examination to take place and a report to be made.

(4)
If the person is remanded in custody for that purpose, the adjournment

may not be for more than three weeks at a time.

(5)
If the person is remanded on bail for that purpose, the adjournment may

not be for more than four weeks at a time.

(6)
If the court has reason to suspect that the person is suffering from a

mental disorder within the meaning of the Mental Health Act 1983, the

court has the same power to make an order under section 35 of that Act

(remand to hospital for medical report) as it has under that section in the

case of an accused person (within the meaning of that section).

(7)
The court may, when remanding the person on bail, require the person to

comply before release on bail or later, with such requirements as appear

to the court to be necessary to secure that the person does not interfere

with witnesses or otherwise obstruct the course of justice.

2I
Guidance

(1)
The Secretary of State may issue guidance relating to the exercise by a

constable of functions under section (Power to issue an EWN).

(2)
A constable must have regard to any guidance issued under subsection

(1) when exercising a function to which the guidance relates.

(3)
Before issuing guidance under this section, the Secretary of State must

consult—

(a)
the Association of Chief Police Officers;

(b)
the National Crime Agency; and

(c)
such other persons as the Secretary of State thinks fit.”

Seema Malhotra

Jack Dromey

Mr Steve Reed

NC16

To move the following Clause—


“Offence of encouragement of female genital mutilation

(1)
The Female Genital Mutilation Act 2003 is amended as follows:

(2)
After section 2 (offence of assisting a girl to mutilate her own genitalia) insert—

“(2A)
Offence of encouragement of female genital mutilation—

(a)
a person is guilty of an offence of encouragement of female

genital mutilation if he makes a statement that is likely to be

understood by some or all of the members of the public to whom

it is published as a direct or indirect encouragement or other

inducement to them to mutilate the genitalia of a girl;

(b)
A person commits an offence if—

(i)
he publishes a statement to which this section applies or

causes another to publish such a statement; and

(ii)
at the time he publishes it or causes it to be published,

he—

Notices of Amendments: 18 February 2015
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Serious Crime Bill-[ [], continued

(a)
intends members of the public to be directly or

indirectly encouraged or otherwise induced by

the statement to mutilate the genitalia of a girl;

or

(b)
is reckless as to whether members of the public

will be directly or indirectly encouraged or

otherwise induced by the statement to mutilate

the genitalia of a girl.””

Seema Malhotra

Jack Dromey

Mr Steve Reed

NC17

To move the following Clause—


“Mandatory reporting of suspected child abuse

(1)
A person commits an offence if—

(a)
they are involved in the provision of regulated activity as defined by

section 5 of the Safeguarding Vulnerable Groups Act 2006 for which

they are paid;

(b)
they are a provider of regulated activity as defined by section 6 of the

Safeguarding Vulnerable Groups Act 2006;

(c)
they become aware that a child has been harmed in connection to the

regulated activity; and

(d)
they do not inform a relevant authority of this harm.

(2)
A person does not commit an offence under this section if—

(a)
they can demonstrate they acted in the best interests of the child, or

(b)
they complied with relevant professional guidelines or institutional

guidelines for the reporting of abuse as they believed them to be,

complying with institutional guidelines for the reporting of abuse can

include informing another individual with relevant safeguarding

responsibilities.

(3)
In this section “harm” means conduct which amounts to one of the following

offences—

(a)
cruelty to and neglect of children;

(b)
cruelty to children/young persons;

(c)
child abduction;

(d)
rape of a female child under 16;

(e)
rape of a female child under 13;

(f)
rape of a male child under 16;

(g)
rape of a male child under 13;

(h)
sexual assault on a male child under 13;

(i)
sexual assault on a female child under 13;

(j)
sexual activity involving a child under 13;

(k)
sexual activity involving a child under 16;

(l)
sexual expolitation of children;

(m)
abuse of position of trust of a sexual nature; and

(n)
sexual grooming.

(4)
The Secretary of State may, by way of regulation, make guidance as to the

interpretation of subsection (2) or amend subsection (3).

Notices of Amendments: 18 February 2015
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Serious Crime Bill-[ [], continued

(5)
Any regulations made under subsection (4) must be subject to an affirmative

procedure of both Houses of Parliament.

(6)
In this section “relevant authority” means—

(a)
the local authority with safeguarding authorities;

(b)
the local police force; and

(c)
the Disclosure and Barring Service.

(7)
A person guilty of an offence under this Part of this Act shall be liable—

(a)
on summary conviction, to imprisonment for a term not exceeding six

months or to a fine not exceeding the statutory maximum, or to both such

imprisonment and fine;

(b)
on conviction on indictment, to imprisonment for a term not exceeding

three years.”

Mr Dominic Raab

Keith Vaz

Sir Malcolm Rifkind

Sir Menzies Campbell

Margaret Hodge

Sir Edward Garnier

Norman Baker

Mr John Whittingdale

Mr Ben Bradshaw

Dr Sarah Wollaston

Mr Charles Walker

Tessa Munt

Mr David Davies

Stephen Barclay

Sir Peter Bottomley

Andrew Rosindell

Tim Loughton

Nick de Bois

Zac Goldsmith

Dr Julian Lewis

Dr Phillip Lee

Jacob Rees-Mogg

NC18

To move the following Clause—


“Excluded persons (involvement in serious crime): publication of names

(1)
Where the Secretary of State has exercised prerogative powers to exclude from,

or deny entry into, the United Kingdom any foreign national on grounds of a

reasonable belief that the named person has benefited from, or has a material

connection to or involvement in, one or more serious crimes, including but not

limited, to the commission of—

(a)
an act or acts deliberately undertaken to foster extremism or hatred;

(b)
an act or acts deliberately undertaken to facilitate, contribute to, support,

encourage or promote terrorism;

(c)
an act or acts of torture or any other international crime or serious

violation of international human rights law; or

(d)
a money-laundering offence or any other offence relating to serious

organised crime or more than one such offence,


the Secretary of State shall, subject to subsection (2), publish the name of each

such person, and the ground or grounds for exclusion, within one month of the

exclusion coming into effect.

(2)
The publication of the name of an excluded person under subsection (1) may be

deferred by the Secretary of State, where there are reasonable grounds for

believing that such publication would present a risk to—

(a)
national security or public safety;

(b)
enable suspects in a United Kingdom criminal investigation to avoid

arrest, or

(c)
materially reduce the prospects of a conviction in an existing criminal

prosecution in the United Kingdom,



© Parliamentary copyright	Revised 19 February 2015