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House of Commons

Thursday 24 March 2016

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: NC19-NC21

Policing and Crime Bill

Note

This document includes all amendments remaining before the Committee and

includes any withdrawn amendments at the end. The amendments have been

arranged in accordance with the Order of the Committee [15 March 2016].

Mike Penning

131

Clause  21,  page  26,  line  23,  at end insert—

“29HA

Duty to keep whistle-blowers informed

(1)    

Where the Commission carries out an investigation under section 29E(2), it must

keep the whistle-blower properly informed about the progress of the investigation

and its outcome.

(2)    

The Secretary of State may by regulations provide for exceptions to the duty

under subsection (1).

(3)    

The power conferred by subsection (2) may be exercised only to the extent that

the Secretary of State considers necessary for any of the permitted non-disclosure

purposes.

(4)    

“The permitted non-disclosure purposes” are—

(a)    

preventing the premature or inappropriate disclosure of information that

is relevant to, or may be used in, any actual or prospective criminal

proceedings;

(b)    

preventing the disclosure of information in any circumstances in which it

has been determined in accordance with the regulations that its non-

disclosure—

(i)    

is in the interests of national security,

(ii)    

is for the purposes of the prevention or detection of crime or the

apprehension or prosecution of offenders,

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(iii)    

is for the purposes of the investigation of an allegation of

misconduct against the whistle-blower or the taking of

disciplinary proceedings or other appropriate action in relation to

such an allegation,

(iv)    

is for the purposes of an investigation under Part 2 that relates to

the whistle-blower,

(v)    

is required on proportionality grounds, or

(vi)    

is otherwise necessary in the public interest.

(5)    

The non-disclosure of information is required on proportionality grounds if its

disclosure would cause, directly or indirectly, an adverse effect which would be

disproportionate to the benefits arising from its disclosure.”

Member’s explanatory statement

This amendment inserts a new section in the new Part 2B of the Police Reform Act 2002, inserted

by clause 21. The new section requires the IPCC to keep a whistle-blower informed about an

investigation under section 29E(2) of his or her concern and the outcome, subject to exceptions

specified in regulations. It also sets out the purposes for which the regulation-making power may

be exercised.

Mike Penning

132

Clause  21,  page  26,  line  34,  at end insert—

“( )    

The power conferred by subsection (1) may be exercised only to the extent that

the Secretary of State considers necessary for any of the permitted disclosure

purposes.

( )    

“The permitted disclosure purposes” are—

(a)    

the protection of the interests of national security;

(b)    

the prevention or detection of crime or the apprehension of offenders;

(c)    

the institution or conduct of criminal proceedings;

(d)    

the investigation of allegations of misconduct against whistle-blowers

and the taking of disciplinary proceedings or other appropriate action in

relation to such allegations;

(e)    

investigations under Part 2 that relate to whistle-blowers;

(f)    

investigations under this Part;

(g)    

any other purpose that is for the protection of the public interest.”

Member’s explanatory statement

The new section 29I of the Police Reform Act 2002, inserted by clause 21, allows the Secretary of

State to make regulations authorising the IPCC to disclose the identity of a whistle-blower and the

nature of his or her concern (without the whistle-blower’s consent). The amendment provides that

the regulation-making power is exercisable only for the permitted disclosure purposes set out in

the amendment.

Mike Penning

133

Clause  21,  page  26,  line  43,  leave out “whistle-blowers or to other”

Member’s explanatory statement

This amendment is consequential on Amendment 131.

Public Bill Committee: 24 March 2016                  

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Mike Penning

134

Clause  21,  page  26,  line  47,  at end insert—

“( )    

The power conferred by subsection (1) may be exercised only to the extent that

the Secretary of State considers necessary for any of the permitted disclosure

purposes.

( )    

In this section, “the permitted disclosure purposes” has the same meaning as in

section 29I.”

Member’s explanatory statement

The new section 29J of the Police Reform Act 2002, inserted by clause 21, allows the Secretary of

State to make regulations authorising the IPCC to disclose information relating to an investigation

under section 29E(2) of a whistle-blowers’ concern or its outcome. The amendment provides that

the regulation-making power is exercisable only for the permitted disclosure purposes (which are

those set out in amendment 132).

Mike Penning

135

Clause  21,  page  27,  line  15,  at end insert—

“( )    

section 21A (restriction on disclosure of sensitive information);

( )    

section 21B (provision of sensitive information to the

Commission);”

Member’s explanatory statement

This amendment is consequential on NC2.

Jack Dromey

162

Clause  21,  page  27,  line  29,  at end insert—

“(ba)    

representatives of relevant workforces,”

Member’s explanatory statement

This amendment would add representatives of workforces concerned to those who must be

consulted by the Secretary of State before making regulations relating to the disclosure of

information to whistle-blowers or other persons specified.

Mike Penning

136

Schedule  5,  page  178,  line  34,  leave out “19ZD” and insert “19ZC”.

Member’s explanatory statement

This amendment is consequential on NC2.

Mike Penning

137

Schedule  5,  page  179,  line  37,  at end insert—

    “(4)  

The power conferred by sub-paragraph (3) may be exercised only to the extent

that the Secretary of State considers necessary for any of the permitted non-

disclosure purposes.

      (5)  

The Secretary of State may also by regulations make provision for

circumstances in which (despite sub-paragraph (2)(b)) a copy of the report may

be sent to the appropriate authority without the consent of the whistle-blower.

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      (6)  

The power conferred by sub-paragraph (5) may be exercised only to the extent

that the Secretary of State considers necessary for any of the permitted

disclosure purposes.

      (7)  

Where the Commission would contravene section 21A by sending a copy of a

report in its entirety to the whistle-blower or to the appropriate authority, the

Commission may comply with its duty under sub-paragraph (2)(a) or (as the

case may be) may exercise its power under sub-paragraph (2)(b) (or under

regulations under sub-paragraph (5)) by sending instead a copy of the report

after having removed or obscured the information which it is prohibited from

disclosing by section 21A.

      (8)  

In this paragraph—

(a)    

“the permitted non-disclosure purposes” has the same meaning as in

section 29HA;

(b)    

“the permitted disclosure purposes” has the same meaning as in

section 29I.”

Member’s explanatory statement

Paragraph 5 of the new Schedule 3A to the Police Reform Act 2002, inserted by Schedule 5, deals

with reports following the conclusion of an investigation under section 29E. Currently, it requires

the IPCC to send a copy of the report to the whistle-blower except in circumstances specified in

regulations. The amendment provides that the regulation-making power is exercisable only for

particular purposes (the same as those set out in amendment 131). It also gives the Secretary of

State power to make regulations allowing the IPCC to send a copy of the report to the appropriate

authority without the consent of the whistle-blower but, again, the regulation making power may

only be exercised for particular purposes (the same as those set out in amendment 132). The

amendment further allows the IPCC to send a redacted report where it would otherwise

contravene section 21A (inserted by NC2).

Mike Penning

138

Clause  22,  page  28,  line  35,  leave out from “paragraph (a)” to “, or” on line 38

Member’s explanatory statement

This amendment is consequential on amendment 139.

Jack Dromey

155

Clause  22,  page  28,  line  41,  leave out from “(a)” to end of subsection

Member’s explanatory statement

This amendment would remove the time limit on disciplinary proceedings against former members

of police forces and former special constables.

Mike Penning

139

Clause  22,  page  28,  line  45,  at end insert—

“(3B)    

Regulations made by virtue of subsection (3A) must provide that

disciplinary proceedings which are not the first disciplinary proceedings

to be taken against the person in respect of the alleged misconduct,

inefficiency or ineffectiveness may be taken only if they are commenced

within the period specified in the regulations, which must begin with the

date when the person ceased to be a member of a police force.””

Member’s explanatory statement

This amendment provides for the imposition of time limits on when disciplinary proceedings can

Public Bill Committee: 24 March 2016                  

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be taken against a person who has ceased to be a member of a police force if they are not the first

disciplinary proceedings to be taken in respect of the particular alleged misconduct, inefficiency

or ineffectiveness.

Mike Penning

140

Clause  22,  page  29,  line  16,  leave out from “paragraph (a)” to “, or” on line 19

Member’s explanatory statement

This amendment is consequential on amendment 141.

Mike Penning

141

Clause  22,  page  29,  line  26,  at end insert—

“(2C)    

Regulations made by virtue of subsection (2B) must provide that

disciplinary proceedings which are not the first disciplinary proceedings

to be taken against the person in respect of the alleged misconduct,

inefficiency or ineffectiveness may be taken only if they are commenced

within the period specified in the regulations, which must begin with the

date when the person ceased to be a special constable.””

Member’s explanatory statement

This amendment is the same as amendment 139 save that it relates to special constables rather

than members of police forces.

Mike Penning

142

Clause  22,  page  30,  line  25,  leave out “this section” and insert “subsections (2) and

(3)”

Member’s explanatory statement

This amendment and amendment 143 are consequential on amendment 145, which inserts

subsection (8) into clause 22. They allow for the possibility that subsection (8) will be commenced

at a different time from the rest of the clause.

Mike Penning

143

Clause  22,  page  30,  line  30,  leave out “this section” and insert “subsections (2) and

(3)”

Member’s explanatory statement

See the explanatory statement for amendment 142.

Mike Penning

144

Clause  22,  page  30,  line  30,  at end insert “, but only if the alleged misconduct,

inefficiency or ineffectiveness is such that, if proved, there could be a finding in relation

to the person in disciplinary proceedings that the person would have been dismissed if the

person had still been a member of a police force or a special constable.”

Member’s explanatory statement

This amendment limits the extent to which regulations made in pursuance of section 50(3A) or

51(2B) of the Police Act 1996 (provisions inserted by clause 22 of the Bill) can make provision in

relation to former members of police forces and former special constables who leave the police

after the coming into force of clause 22 but where the alleged misconduct, inefficiency or

ineffectiveness occurred before that date.

Public Bill Committee: 24 March 2016                  

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Mike Penning

145

Clause  22,  page  30,  line  30,  at end insert—

“(8)    

Schedule (Disciplinary proceedings: former members of MoD Police, British

Transport Police and Civil Nuclear Constabulary) makes amendments of the

Ministry of Defence Police Act 1987, the Railways and Transport Safety Act

2003 and the Energy Act 2004 which produce an equivalent effect to the

amendments made by this section.”

Member’s explanatory statement

This amendment introduces the new Schedule NS1.

Mike Penning

199

Schedule  6,  page  180,  leave out lines 22 to 29 and insert—

“(c)    

the person ceases to be a civilian police employee by virtue of

being dismissed and the reason, or one of the reasons, for the

dismissal relates to conduct, efficiency or effectiveness;

(d)    

the person is a former civilian police employee and there is a

finding in relation to the person in disciplinary proceedings

that the person would have been dismissed if the person had

still been such an employee.”

Member’s explanatory statement

This amendment and amendments 200, 201, 202, 203, 204, 205, 206, 207 and 208 make provision

for the inclusion in the police barred list and police advisory list of civilian employees of the City

of London police force, in addition to members of the civilian staff of a police force for a police

area listed in Schedule 1 to the Police Act 1996 and of the metropolitan police force.

Jack Dromey

197

Schedule  6,  page  180,  line  29,  at end insert—

“(e)    

the person is a former police volunteer of the police force and there is a

finding in relation to the person in disciplinary proceedings that the

person would have been dismissed if the person had still been such a

police volunteer,

(f)    

the person was employed by a company or individual which had entered

into a contract with a local policing body or chief officer to provide

services to a chief officer and there is a finding in relation to the person

in disciplinary proceedings that the person would have been dismissed if

the person had still been such an employee.”

Member’s explanatory statement

This amendment would provide for police volunteers and privately contracted staff to be placed on

the barred list.

Mike Penning

200

Schedule  6,  page  181,  leave out lines 11 to 15 and insert—

“(e)    

in relation to a person falling within subsection (1)(c), the

chief officer of police under whose direction and control the

person was immediately before being dismissed;

(f)    

in relation to a person falling within subsection (1)(d), the

chief officer of police under whose direction and control the

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person was immediately before ceasing to be a civilian police

employee.”

Member’s explanatory statement

See the explanatory statement for amendment 199.

Mike Penning

201

Schedule  6,  page  181,  line  20,  leave out “member of the civilian staff of a police

force” and insert “civilian police employee”

Member’s explanatory statement

See the explanatory statement for amendment 199.

Mike Penning

202

Schedule  6,  page  181,  leave out lines 24 to 28 and insert—

“(5)    

For the purposes of this section, a person is a civilian police employee

if the person is—

(a)    

a member of the civilian staff of a police force, including the

metropolitan police force (within the meaning of Part 1 of the

Police Reform and Social Responsibility Act 2011), or

(b)    

a person employed by the Common Council of the City of

London in its capacity as police authority who is under the

direction and control of the Commissioner of Police for the

City of London.”

Member’s explanatory statement

See the explanatory statement for amendment 199.

Mike Penning

203

Schedule  6,  page  181,  line  30,  leave out “member of the civilian staff of a police

force” and insert “civilian police employee”

Member’s explanatory statement

See the explanatory statement for amendment 199.

Jack Dromey

198

Schedule  6,  page  185,  line  35,  at end insert—

“(c)    

the person was employed by a company or individual which had entered

into a contract with a local policing body or chief constable to provide

services to a chief officer and the person ceases to be so employed by

resigning or retiring after a relevant allegation about the person comes to

the attention of their employer and the relevant authority.”

Member’s explanatory statement

This amendment would provide for privately contracted staff to be placed on the advisory list.

Mike Penning

204

Schedule  6,  page  186,  leave out lines 14 to 16 and insert—

“(d)    

in relation to a person who was a civilian police employee

immediately before resigning or retiring, the chief officer of