Session 2014 - 15
Internet Publications
Other Bills before Parliament


 
 

:                                             

486

 

, continued

 
 

John Mann

 

Sarah Champion

 

Mrs Mary Glindon

 

Mr Jim Cunningham

 

Simon Danczuk

 

Andrew George

 

Mr George Howarth

 

Mr David Anderson

 

Sir Peter Bottomley

 

John Hemming

 

Teresa Pearce

 

Mark Durkan

 

Mrs Emma Lewell-Buck

 

Dr Alasdair McDonnell

 

Mr Tom Watson

 

Tessa Munt

 

Mr Elfyn Llwyd

 

Mr Brian H. Donohoe

 

Sir Andrew Stunell

 

Ann Clwyd

 

Graeme Morrice

 

Jeremy Lefroy

 

Alex Cunningham

 

Barbara Keeley

 

Jeremy Corbyn

 

Rosie Cooper

 

Ms Gisela Stuart

 

Guto Bebb

 

Mr Peter Bone

 

Mr Michael McCann

 

Derek Twigg

 

Martin Caton

 

Negatived on division  NC2

 

To move the following Clause

 

         

“Official Secrets Act 1989 (additional defence)

 

(1)    

The Official Secrets Act 1989 is amended as follows—

 

(2)    

After section 8, insert—

 

“(8A)    

It is a defence for a person charged with an offence under any provision

 

of this Act to prove that he knew, or had reasonable cause to believe, that

 

the information, document or article disclosed was—

 

(a)    

germane to an official investigation of, or inquiry into, historic

 

child abuse, and

 

(b)    

provided only to an officer of such an investigation or inquiry.

 


 

Ann Coffey

 

Norman Baker

 

Mr Elfyn Llwyd

 

Caroline Lucas

 

Andy McDonald

 

Dr Sarah Wollaston

 

Sir Andrew Stunell

 

Sir David Amess

 

Valerie Vaz

 

Sarah Champion

 

Mr John Leech

 

Mrs Emma Lewell-Buck

 

Sir Peter Bottomley

 

Meg Munn

 

Steve Baker

 

John Cryer

 

Mrs Madeleine Moon

 

Not called  NC3

 

To move the following Clause

 

         

“Child sexual exploitation

 

(1)    

In section 1(1) of the Street Offences Act 1059 (Loitering or soliciting for

 

purposes of prostitution), after “female)”, insert “, aged 18 or over,”.

 

(2)    

The Sexual Offences Act 2003 is amended as follows.

 

(3)    

In section 48 (Causing or inciting child prostitution or pornography)—

 

(a)    

in the title of the section, for “prostitution” substitute “sexual

 

exploitation”; and


 
 

:                                             

487

 

, continued

 
 

(b)    

in subsection (1)(a), for “become a prostitute” substitute “be sexually

 

exploited”.

 

(4)    

In section 49 (Controlling a child prostitute or a child involved in pornography)—

 

(a)    

in the title of the section, for “child prostitute” substitute “sexually

 

exploited child”; and

 

(b)    

in subsection (1)(a), for “prostitution” substitute “sexual exploitation”.

 

(5)    

In section 50 (Arranging or facilitating child prostitution or pornography)—

 

(a)    

in the title of the section, for “child prostitution or pornography”

 

substitute “the sexual exploitation of a child or sexual images of

 

children”; and

 

(b)    

in subsection (1)(a), for “prostitution” substitute “sexual exploitation”.

 

(6)    

In section 51 (Sections 48 to 50: interpretation), in subsection (2), for “prostitute”

 

substitute “sexually exploited child”; for “prostitution” substitute “sexual

 

exploitation”.

 

(7)    

References in any Act, Regulation, Order or other legislative instrument to the

 

sections and titles mentioned in this section shall be interpreted as referring to the

 

sections and titles as amended by this section.”

 


 

Dr Julian Huppert

 

Mr Dominic Raab

 

Mr John Leech

 

John McDonnell

 

Mr David Davis

 

Mr Tom Watson

 

Caroline Lucas

 

Keith Vaz

 

Mark Reckless

 

Greg Mulholland

 

Sir Alan Beith

 

John Hemming

 

Mr John Whittingdale

 

Not called  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

 

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


 
 

:                                             

488

 

, continued

 
 

(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

 

(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—


 
 

:                                             

489

 

, continued

 
 

(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.””

 


 

Dr Julian Huppert

 

Mr Dominic Raab

 

Mr John Leech

 

John McDonnell

 

Mr David Davis

 

Mr Tom Watson

 

Caroline Lucas

 

Keith Vaz

 

Mark Reckless

 

Greg Mulholland

 

John Hemming

 

Mr John Whittingdale

 

Not called  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

 

(b)    

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

 

Commissioner to the Prime Minister.”

 


 

Mr Elfyn Llwyd

 

Not called  NC11

 

To move the following Clause

 

         

“Child protection: 16 and 17 year olds living with their families

 

(1)    

The Children’s Act 1933 is amended as follows.

 

(2)    

After section 1 insert—

 

“1A    

Cruelty to a person aged sixteen or seventeen

 

(1)    

If any person A, who has attained the age of eighteen years and is

 

personally connected to a child B aged sixteen or seventeen, wilfully


 
 

:                                             

490

 

, continued

 
 

assaults, ill-treats (whether physically or psychologically), neglects,

 

abandons, or exposes him, or causes or procures for him to be assaulted,

 

ill-treated (whether physically or psychologically), neglected,

 

abandoned, or exposed, in a manner likely to cause him unnecessary

 

suffering or injury to health (including injury to or loss of sight, or

 

hearing, or limb, or organ of the body and whether the injury is of

 

physical or psychological nature), that person shall be guilty of an

 

offence, and shall be liable—

 

(a)    

on conviction or indictment, to a fine or alternatively, or in

 

addition thereto, to imprisonment for any term not exceeding 10

 

years;

 

(b)    

on summary conviction, to a fine not exceeding £400 pounds, or

 

alternatively, or in addition thereto, to imprisonment not

 

exceeding six months.

 

(2)    

For the purposes of this section—

 

(a)    

A and B are considered to be personally connected if at the time

 

of the offence they live together, and

 

(i)    

A has parental responsibility for B

 

(ii)    

A is a relative of B

 

(iii)    

A is or has been married or civil partner to B’s parent.

 

(b)    

A shall be deemed to have neglected B in a manner likely to

 

cause injury to his health if he has failed to provide adequate

 

food, clothing, medical aid or lodging for him or if, having been

 

unable otherwise to provide such food, clothing, medical aid or

 

lodging, he has failed to take steps to procure it to be provided to

 

B.

 

(3)    

A person may be convicted of an offence under this section—

 

(a)    

notwithstanding that actual suffering or injury to health, or the

 

likelihood of actual suffering or injury to health, was obviated by

 

the action of another person;

 

(b)    

notwithstanding the death of B.

 

(4)    

In subsection (2)—

 

“parental responsibility” has the same meaning as in the Children Act 1989;

 

“relative” has the meaning given by section 63(1) of the Family Law Act

 

1996”

 


 

Mr Elfyn Llwyd

 

Not selected  NC12

 

To move the following Clause

 

         

“Child Abduction Warning Notices: extension to vulnerable 16 and 17 year

 

olds

 

(1)    

The Children’s Act 1989 is amended as follows.


 
 

:                                             

491

 

, continued

 
 

(2)    

After section 49 of the Children Act 1989 insert—

 

“49A  

Abduction of vulnerable children aged sixteen or seventeen

 

(1)    

A person shall be guilty of an offence if, knowlingly and without lawful

 

authority or reasonable excuse, he

 

(a)    

takes a child to whom this section applies away from a person

 

with parental responsibility or child’s place of residence; or

 

(b)    

keeps such a child away from the responsible person or child’s

 

place of residence; or

 

(c)    

induces, assists or incites such a child to run away or stay away

 

from a person with parental responsibility or child’s place of

 

residence; and

 

(d)    

uses controlling and coercive behaviour to influence a child.

 

(2)    

This section applies in relation to a child who is—

 

(a)    

in need,

 

(b)    

looked after under section 20

 

(c)    

housed under part 7 of the Housing Act 1996,

 

(d)    

suffering or is likely to suffer significant harm subject to section

 

47 1(b).

 

(3)    

In this section

 

“parental responsibility” has a meaning as in this Act

 

“child in need” has a meaning as defined in section 17 of this Act.”

 


 

Mr Elfyn Llwyd

 

Not selected  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.”

 



 
 

:                                             

492

 

, continued

 
 

Mr Steve Reed

 

Jack Dromey

 

Seema Malhotra

 

Not selected  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.””

 


 

Seema Malhotra

 

Jack Dromey

 

Mr Steve Reed

 

Not called  NC15

 

To move the following Clause

 

         

“Encouragement of Female Genital Mutiliation Warning Notices 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;


 
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Revised 24 February 2015