House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Consideration of Bill: 23 February 2015
1634

Serious Crime Bill-[ [], continued

Remaining New Clauses and New Schedules; Remaining Proceedings on

Consideration

Secretary Theresa May

NC23

To move the following Clause—


“Throwing articles into prisons

After section 40CA of the Prison Act 1952 (inserted by section 75 above) insert—

“40CB
Throwing articles into prison

(1)
A person who, without authorisation, throws any article or substance into

a prison is guilty of an offence.

(2)
For the purposes of subsection (1)—

(a)
the reference to an article or substance does not include a

reference to a List A article, a List B article or a List C article (as

defined by section 40A);

(b)
the reference to “throwing” an article or substance into a prison

includes a reference to doing anything from outside the prison

that results in the article or substance being projected or

conveyed over or through a boundary of the prison so as to land

inside the prison.

(3)
In proceedings for an offence under this section it is a defence for the

accused to show that—

(a)
he reasonably believed that he had authorisation to do the act in

respect of which the proceedings are brought, or

(b)
in all the circumstances there was an overriding public interest

which justified the doing of that act.

(4)
A person guilty of an offence under subsection (1) is liable—

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

exceeding two years or to a fine (or both);

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

exceeding 12 months or to a fine (or both).

(5)
In this section “authorisation” means authorisation given for the purposes

of this section; and subsections (1) to (3) of section 40E apply in relation

to authorisations so given as they apply to authorisations given for the

purposes of section 40D.””

Member’s explanatory statement

This New Clause creates a new offence of throwing any article or substance into a prison without

authorisation (so far as not already prohibited under the Prison Act 1952). The offence would be

triable either way with a maximum penalty (on conviction on indictment) of two years’

imprisonment.

Consideration of Bill: 23 February 2015
1635

Serious Crime Bill-[ [], continued

Secretary Theresa May

NC24

To move the following Clause—


“Codes of practice about investigatory powers: journalistic sources

In section 71 of the Regulation of Investigatory Powers Act 2000 (issue and

revision of codes of practice), after subsection (2) insert—

“(2A)
A code of practice under subsection (1) that relates (expressly or

otherwise) to the exercise and performance, in connection with the

prevention or detection of serious crime, of powers and duties conferred

or imposed by or under Part 1 of this Act—

(a)
shall include provision designed to protect the public interest in

the confidentiality of journalistic sources;

(b)
shall not be issued unless the Secretary of State has first

consulted the Interception of Communications Commissioner

and considered any relevant report made to the Prime Minister

under section 58.””

Member’s explanatory statement

This New Clause requires a code of practice made under section 71 of the Regulation of

Investigatory Powers Act 2000 relating to the exercise of powers in Part 1 of that Act in relation

to the prevention or detection of serious crime to include provision to protect the public interest in

the confidentiality of journalistic sources.

Dr Julian Huppert

Mr Dominic Raab

Mr John Leech

Mr David Davis

Mr Tom Watson

Caroline Lucas

Keith Vaz

Mark Reckless

Greg Mulholland

Sir Alan Beith

John Hemming

Mr John Whittingdale

NC4

To move the following Clause—


“Investigation of crime: journalistic and privileged material

(1)
After section 22(5B) of the Regulation of Investigatory Powers Act 2000

(obtaining and disclosing communications data) insert—

“(5C)
An authorisation granted or notice given under subsection (3), (3B) or (4)

for the purpose of preventing or detecting crime may not authorise or

require any activity which is likely to result in journalistic source

information or privileged information being obtained or disclosed, unless

a judge has permitted the grant of the authorisation or the giving of the

notice in accordance with section 22A.

(5D)
For the purposes of this section “journalistic source information” means

information which identifies, or might reasonably be expected to lead to

Consideration of Bill: 23 February 2015
1636

Serious Crime Bill-[ [], continued

the identification of, the source of confidential journalistic material,

within the meaning given by section 100 of the Police Act 1997.

(5E)
For the purposes of this section “privileged information” means—

(a)
information amounting to or contained in matters subject to legal

privilege within the meaning given by section 98 of the Police

Act 1997; and

(b)
confidential personal information, within the meaning given by

section 99 of that Act, acquired or created in the course of, or

otherwise obtained in connection with, a person‘s acting as a

minister of religion, as a healthcare professional or as a Member

of the House of Commons.”

(2)
After section 22 of the Regulation of Investigatory Powers Act 2000 insert—

“22A
Judicial protection of journalistic and privileged material

(1)
This section applies where—

(a)
a person wishes to grant an authorisation or give a notice under

section 22(3), (3B) or (4) for the purpose of preventing or

detecting crime; and

(b)
the authorisation or notice is likely to result in journalistic source

information or privileged information (as defined in section

22(5D) and (5E)) being obtained or disclosed.

(2)
The person may apply to a Circuit Judge for permission to grant the

authorisation or to give the notice.

(3)
The application must—

(a)
be in writing;

(b)
set out the grounds on which it is made;

(c)
be made on notice to any person to whom the authorisation or

notice would be granted or given or who might reasonably be

expected to be required to comply with it, unless the applicant

certifies that there is reason to believe that giving notice under

this paragraph might seriously prejudice a criminal

investigation; and

(d)
comply with any other provision, including as to timing, made by

rules of court.

(4)
A judge may give permission under this section only if satisfied that—

(a)
the grant of the authorisation or the giving of the notice is

necessary for the purposes of the prevention or detection of

serious crime;

(b)
obtaining the data in question by the conduct authorised or

required by the authorisation or notice is proportionate to what is

sought to be achieved by so obtaining the data; and

(c)
it is right to give permission, having regard to the importance of

the public interest in—

(i)
protecting the confidentiality of journalists’ sources;

(ii)
maintaining legal professional privilege; or

(iii)
protecting the confidentiality of personal information in

the circumstances specified in section 22(5E)(b).

(5)
It is an offence for a person who is given notice of an application under

this section to conceal, destroy, alter or dispose of the material to which

the application relates except with the permission of a Circuit Judge; and

Consideration of Bill: 23 February 2015
1637

Serious Crime Bill-[ [], continued

(a)
this subsection ceases to apply if the application is dismissed or

withdrawn or if an authorisation or notice granted or given in

reliance on this section has been complied with; and

(b)
a person who is guilty of an offence under this subsection is

liable—

(i)
on conviction on indictment, to imprisonment for a term

not exceeding two years, to a fine or both; or

(ii)
on summary conviction, to a fine not exceeding the

statutory maximum.””

Member’s explanatory statement

This Clause would provide for judicial oversight for police and other authorities’ access to

communications data which might involve the identification of journalist sources, as

recommended by the Interception of Communications Commissioner. It provides the same level of

protection for legally privileged and medically privileged communications and for

communications between people and their ministers of religion or their MP.

Dr Julian Huppert

Mr Dominic Raab

Mr John Leech

Mr David Davis

Mr Tom Watson

Caroline Lucas

Keith Vaz

Mark Reckless

Greg Mulholland

John Hemming

Mr John Whittingdale

NC5

To move the following Clause—


“Code of practice on investigatory powers: journalistic and privileged

material

(1)
The Secretary of State must ensure that any code of practice under section 71 of

the Regulation of Investigatory Powers Act 2000 that deals (expressly or

otherwise) with the use of powers under that Act in relation to the prevention or

detection of serious crime, includes provisions designed to protect the public

interest in—

(a)
the confidentiality of journalists’ sources;

(b)
legal professional privilege; and

(c)
the confidentiality of personal information obtained in connection with a

person’s acting as a minister of religion, as a healthcare professional or

as a Member of the House of Commons.

(2)
In complying with subsection (1) the Secretary of State must—

(a)
consult the Interception of Communications Commissioner appointed

under section 57(1) of that Act; and

Consideration of Bill: 23 February 2015
1638

Serious Crime Bill-[ [], continued

(b)
have regard to any relevant report of an inquiry submitted by that

Commissioner to the Prime Minister.”

Member’s explanatory statement

This new Clause provides that the RIPA Code of Practice includes provisions which protect the

public interest in the confidentiality of journalists’ sources and the other privileged

communications.

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.””

Consideration of Bill: 23 February 2015
1639

Serious Crime Bill-[ [], continued

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 or

ororganised 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,


for no longer than is required to materially mitigate the risk or risks identified in

this subsection and, in any case for no longer than up to a maximum of six

months.

(3)
In the case of a deferred publication of the name of an excluded person, the

Secretary of State shall, on publication of such a deferred name, also publish a

statement identifying which risk, or which of the risks, identified in subsection (2)

applied in making the decision to defer publication.

(4)
This section shall apply to persons already excluded from, or denied entry into,

the United Kingdom, on grounds included in subsection (1), from the date on

which it comes into force.”

Consideration of Bill: 23 February 2015
1640

Serious Crime Bill-[ [], continued

Diana Johnson

Jack Dromey

Seema Malhotra

Mr Steve Reed

NC20

To move the following Clause—


“Prevention of firearms offences

In the Firearms Act 1968 insert—

“28B
Assessing public safety

(1)
When assessing the threat to public safety under sections 27, 28, 30A,

30B or 30C the Chief Police Officer must ensure that a range of

background checks are performed.

(2)
Where these checks uncover substantiated evidence of violent conduct or

domestic violence, the Chief Police Officer should refuse the licence

application unless exceptional evidence can be brought forward by the

applicant as to their suitability to possess a weapon.

(3)
When assessing public safety within this section the Chief Police Officer

must follow any guidance issued by the Secretary of State.

(4)
The Secretary of State must ensure adequate resourcing of licence

applications and consult with Chief Police Officers to ensure the level of

fees collected by the Police under sections 32 and 35 are sufficient for the

Police to recoup the costs they incur through the administration and

assessment of firearms licences issued or applied for under this Act.””

Seema Malhotra

Diana Johnson

Jack Dromey

Mr Steve Reed

NC21

To move the following Clause—


“New psychoactive substances

(1)
It is an offence for a person to supply, or offer to supply, a synthetic psychoactive

substance, including but not restricted to—

(a)
a powder;

(b)
a pill;

(c)
a liquid; or

(d)
a herbal substance with the appearance of cannabis,


which he knows, or has reasonable cause to believe, to be so acting, that the

substance is likely to be consumed by a person for the purpose of causing

intoxication.

(2)
This section does not apply to alcohol, tobacco, or any drug currently scheduled

under the Misuse of Drugs Act 1971 or the Medicines Act 1968 or any substance,

product or foodstuff specified by the Secretary of State following consultation

with the Advisory Council on the Misuse of Drugs.



© Parliamentary copyright	Revised 23 February 2015