Session 2016-17
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Notices of Amendments: 8 June 2016                     

8

 

Policing and Crime Bill, continued

 
 

(b)    

information obtained from a government department

 

which, at the time it is provided to the inspector, is

 

identified by the department as information the disclosure

 

of which may, in the opinion of the relevant authority—

 

(i)    

cause damage to national security, international

 

relations or the economic interests of the United

 

Kingdom or any part of the United Kingdom, or

 

(ii)    

jeopardise the safety of any person.

 

      (3)  

Where an English inspector discloses to another person information

 

within sub-paragraph (2) that the inspector received in exercise of

 

the inspection function, or the fact that the inspector has received

 

such information in exercise of the inspection function, the other

 

person must not disclose that information or that fact unless the

 

relevant authority consents to the disclosure.

 

      (4)  

A prohibition on disclosure in sub-paragraph (1) or (3) does not

 

apply to disclosure by one English inspector to another.

 

      (5)  

In this paragraph—

 

“English inspector” includes—

 

(a)    

a person appointed under section 28(A5) as an assistant inspector

 

or other officer;

 

(b)    

a person authorised by an English inspector to act on behalf of

 

the inspector for the purposes of paragraph 6 or 7;

 

“government department” means a department of Her Majesty’s

 

Government but does not include—

 

(c)    

the Security Service,

 

(d)    

the Secret Intelligence Service, or

 

(e)    

the Government Communications Headquarters (“GCHQ”);

 

“intelligence service information” means information that was

 

obtained (directly or indirectly) from or that relates to—

 

(f)    

the Security Service,

 

(g)    

the Secret Intelligence Service,

 

(h)    

GCHQ, or

 

(i)    

any part of Her Majesty’s forces, or of the Ministry of Defence,

 

which engages in intelligence activities;

 

“Minister of the Crown” includes the Treasury;

 

“relevant authority” means—

 

(j)    

in the case of intelligence service information obtained (directly

 

or indirectly) from or relating to the Security Service, the

 

Director-General of the Security Service;

 

(k)    

in the case of intelligence service information obtained (directly

 

or indirectly) from or relating to the Secret Intelligence Service,

 

the Chief of the Secret Intelligence Service;

 

(l)    

in the case of intelligence service information obtained (directly

 

or indirectly) from or relating to GCHQ, the Director of GCHQ;

 

(m)    

in the case of intelligence service information obtained (directly

 

or indirectly) from or relating to Her Majesty’s forces or the

 

Ministry of Defence, the Secretary of State;

 

(n)    

in the case of information within sub-paragraph (2)(b)—

 

(i)    

the Secretary of State, or


 
 

Notices of Amendments: 8 June 2016                     

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Policing and Crime Bill, continued

 
 

(ii)    

the Minister of the Crown in charge of the

 

government department from which the

 

information was obtained (if that Minister is not

 

a Secretary of State).

 

Provision of intelligence service information to English inspectors

 

10  (1)  

A person who provides information that is intelligence service

 

information to an English inspector exercising the inspection

 

function must—

 

(a)    

make the inspector aware that the information is

 

intelligence service information, and

 

(b)    

provide the inspector with such additional information as

 

will enable the inspector to identify the relevant authority

 

in relation to the information.

 

      (2)  

In this paragraph, “English inspector”, “intelligence service

 

information” and “relevant authority” have the same meaning as in

 

paragraph 9.””

 

Member’s explanatory statement

 

Like the provision made by amendment NC48, this new Schedule is about the inspection of fire and

 

rescue authorities in England. It makes provision in relation to English inspectors about

 

delegation, joint working with her Majesty’s Inspectors of Constabulary and the giving of

 

assistance to public authorities. It also confers power on English inspectors to obtain information

 

from fire and rescue authorities (and their employees) and from persons providing services to fire

 

and rescue authorities (and their employees) and to obtain access to premises occupied for the

 

purposes of fire and rescue authorities and persons providing services to them.

 

 


 

Secretary Theresa May

 

NC30

 

To move the following Clause—

 

         

“Public records

 

(1)    

In Schedule 1 to the Public Records Act 1958 (definition of public records), in

 

Part 2 of the Table at the end of paragraph 3, insert at the appropriate place—

 

“Office for Police Conduct.”

 

(2)    

The records that become public records for the purposes of that Act as a result of

 

the amendment made by subsection (1) include all records of the Office for Police

 

Conduct of the kind mentioned in paragraph 3(1) of Schedule 1 to that Act

 

(whether created before or after the coming into force of this section, and whether

 

created under that name or under the name of the Independent Police Complaints

 

Commission).

 

(3)    

If the amendment made by subsection (1) comes into force before subsection (1)

 

of section 31 comes into force, the reference in that amendment to the Office for


 
 

Notices of Amendments: 8 June 2016                     

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Policing and Crime Bill, continued

 
 

Police Conduct is, until subsection (1) of that section comes into force, to be read

 

as a reference to the Independent Police Complaints Commission.”

 

Member’s explanatory statement

 

This new clause provides for the records of the Office for Police Conduct to become public records

 

for the purposes of the Public Records Act 1958.

 


 

Andy Burnham

 

Jack Dromey

 

Carolyn Harris

 

Keir Starmer

 

Lyn Brown

 

Sarah Champion

 

NC64

 

Parliamentary Star    

To move the following Clause—

 

         

“Police complaints and the media

 

(1)    

Subject to subsection (3), the Prime Minister must commission an independent

 

inquiry into the operation of the police complaints system in respect of

 

relationships between the police and media.

 

(2)    

The inquiry must include, but is not limited, to—

 

(a)    

how adequately police forces investigated complaints about police

 

officers in dealing with people working within, or connected to, media

 

organisations,

 

(b)    

the thoroughness of any reviews by police forces into complaints

 

specified in subsection (a),

 

(c)    

in the cases where a complaint in subsection (a) led to a criminal

 

investigation, the conduct of prosecuting authorities in investigating the

 

allegation,

 

(d)    

the extent to which police officers took illegal payment to suppress

 

investigations of complaints of relationships between police officers and

 

people working within, or connected to, media organisations,

 

(e)    

the implications of subsections (a) to (d) for the relationships between

 

media organisations and the police, prosecuting authorities, and relevant

 

regulatory bodies, and recommended actions.

 

(3)    

The inquiry can only commence once the Secretary of State is satisfied that it

 

would not prejudice any ongoing relevant legal cases.”

 

Member’s explanatory statement

 

This new clause would compel the Prime Minister to instigate an independent inquiry such as

 

Leveson 2 into the relationships between the press and police and the extent to which that has

 

operated in the public interest.

 



 
 

Notices of Amendments: 8 June 2016                     

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Policing and Crime Bill, continued

 
 

Andy Burnham

 

Jack Dromey

 

Carolyn Harris

 

Keir Starmer

 

Lyn Brown

 

Sarah Champion

 

NC65

 

Parliamentary Star    

To move the following Clause—

 

         

“IPCC functions following complaints about the police’s handling of an event

 

which has led to large scale loss of life

 

(1)    

The Independent Police Complaints Commission (the “Commission”) shall

 

undertake the functions set out in subsection (3) to (5) when—

 

(a)    

there has been an event which has led to large scale loss of life, and

 

(b)    

the conditions in subsection (2) have been met.

 

(2)    

Subsection (1) applies when, for that event—

 

(a)    

the Commission has received complaints of a serious nature about the

 

actions of the police either before, during or in response to the event, or

 

as part of a police investigation into the event,

 

(b)    

the Commission has been asked to undertake such action by fifty per cent

 

plus one or more of the total of—

 

(i)    

representatives of those deceased due to the event, and

 

(ii)    

any injured survivors of the event.

 

(3)    

The Commission shall report to the individuals identified in section 2(b) during

 

any police investigation into the disaster regarding the progress of the

 

investigation, and how the individuals identified in section 2(b) can assist with it,

 

including, if there are no lawyers representing the individuals identified in section

 

2(b), the implications of engaging lawyers at that stage.

 

(4)    

Following a further request to the Commission by fifty percent plus one or more

 

of the representatives of those deceased due to the event, the Commission shall

 

set up a panel (the “Commission’s Panel“) which shall register as a data controller

 

under the Data Protection Act 1998 and review all documentation relating to the

 

event, the deceased and the representatives and report thereon.

 

(5)    

In establishing the Commission’s Panel under subsection (4), the Commission

 

must consult the individuals identified in subsection 2(b).

 

(6)    

The Secretary of State must lay a copy of the report in subsection (4) before

 

Parliament.

 

(7)    

While a review under subsection (4) is in progress, the Commission’s Panel must

 

report to the individuals identified in section 2(b) every three months on the

 

progress of the review.”

 

 


 

Secretary Theresa May

 

85

 

Clause  12,  page  20,  line  39,  leave out from first “person” to end of line 40 and

 

insert “is not to be taken to have authorised another person to make a complaint on his


 
 

Notices of Amendments: 8 June 2016                     

12

 

Policing and Crime Bill, continued

 
 

behalf unless—”

 

Member’s explanatory statement

 

This amendment adjusts the wording of the amendment to section 12(6) of the Police Reform Act

 

2002 so that it fits better with paragraph (b) of that provision.

 


 

Secretary Theresa May

 

22

 

Clause  17,  page  28,  line  11,  leave out “intercept information” and insert “protected

 

information relating to a relevant warrant”

 

Member’s explanatory statement

 

Clause 17 makes provision about the handling of sensitive information received by the IPCC. The

 

categories of information to which it applies include “intercept information” which is currently

 

defined by reference to the Regulation of Investigatory Powers Act 2000. This amendment, and

 

amendments 23, 24, 25, 26, 27, 28, 29 and 30, amend clause 17 to take account of the provision

 

made by the Investigatory Powers Bill about the interception of communications (and the

 

consequential repeal by that Bill of Chapter 1 of Part 1 of the Regulation of Investigatory Powers

 

Act 2000).

 

Secretary Theresa May

 

23

 

Clause  17,  page  28,  leave out lines 40 to 42

 

Member’s explanatory statement

 

Please see the explanatory statement for amendment 22.

 

Secretary Theresa May

 

24

 

Clause  17,  page  28,  line  45,  at end insert—

 

““protected information”, in relation to a relevant warrant, means

 

information relating to any of the matters mentioned in section 49(4) of

 

the Investigatory Powers Act 2016 in relation to the warrant;”

 

Member’s explanatory statement

 

Please see the explanatory statement for amendment 22.

 

Secretary Theresa May

 

25

 

Clause  17,  page  29,  line  11,  leave out “intercept information” and insert “protected

 

information relating to a relevant warrant”

 

Member’s explanatory statement

 

Please see the explanatory statement for amendment 22.

 

Secretary Theresa May

 

26

 

Clause  17,  page  29,  line  12,  leave out “interception”

 

Member’s explanatory statement

 

Please see the explanatory statement for amendment 22.


 
 

Notices of Amendments: 8 June 2016                     

13

 

Policing and Crime Bill, continued

 
 

Secretary Theresa May

 

27

 

Clause  17,  page  29,  leave out lines 19 to 21 and insert—

 

““relevant warrant” means—

 

(a)    

a warrant under Chapter 1 of Part 2 of the Investigatory Powers

 

Act 2016, or

 

(b)    

a warrant under Chapter 1 of Part 6 of that Act.”

 

Member’s explanatory statement

 

Please see the explanatory statement for amendment 22.

 

Secretary Theresa May

 

28

 

Clause  17,  page  29,  line  25,  leave out “intercept information” and insert “protected

 

information relating to a relevant warrant”

 

Member’s explanatory statement

 

Please see the explanatory statement for amendment 22.

 

Secretary Theresa May

 

29

 

Clause  17,  page  29,  line  30,  leave out “intercept information” and insert “protected

 

information relating to a relevant warrant”

 

Member’s explanatory statement

 

Please see the explanatory statement for amendment 22.

 

Secretary Theresa May

 

30

 

Clause  17,  page  29,  line  35,  leave out ““intercept information”” and insert

 

““protected information relating to a relevant warrant””

 

Member’s explanatory statement

 

Please see the explanatory statement for amendment 22.

 

Secretary Theresa May

 

86

 

Clause  17,  page  30,  line  6,  after “paragraph 22)” insert “—

 

(i)    

in sub-paragraph (1A) (as inserted by section 16), after “sub-

 

paragraph (2)(a)” insert “(read with sub-paragraph (2ZA))”;

 

(ii)    

 

Member’s explanatory statement

 

This amendment clarifies the relationship between new sub-paragraph (1A) of paragraph 23 of

 

Schedule 3 to the Police Reform Act 2002 (inserted by clause 16 of the Bill) and new sub-

 

paragraph (2ZA) of that paragraph (inserted by clause 17 of the Bill).


 
 

Notices of Amendments: 8 June 2016                     

14

 

Policing and Crime Bill, continued

 
 

Secretary Theresa May

 

87

 

Clause  17,  page  30,  line  22,  at end insert—

 

“( )    

in paragraph 24B (action by the Commission in response to an

 

investigation report under paragraph 24A), after sub-paragraph (1)

 

insert—

 

  “(1A)  

Sub-paragraph (3A) of paragraph 24A applies for the

 

purposes of sub-paragraph (1) of this paragraph as it applies

 

for the purposes of sub-paragraph (2)(b) of that paragraph.””

 

Member’s explanatory statement

 

This amendment is consequential on new section 21A of the Police Reform Act 2002, inserted by

 

clause 17 of the Bill.

 


 

Secretary Theresa May

 

31

 

Clause  26,  page  42,  line  14,  at end insert—

 

“( )    

In section 63 of the Police Act 1996 (Police Advisory Board for England and

 

Wales), in subsection (3)(b), after “Part 2” insert “or 2B”.”

 

Member’s explanatory statement

 

Clause 26 makes provision for investigations by the IPCC into concerns raised by whistle-blowers.

 

It provides for the Secretary of State to make regulations on certain matters relating to those

 

investigations. The amendment to section 63 of the Police Act 1996 means that, before making the

 

regulations, the Secretary of State must supply the Police Advisory Board for England and Wales

 

with a draft and take into consideration any representations made by the Board.

 


 

Andy Burnham

 

Jack Dromey

 

Carolyn Harris

 

Keir Starmer

 

Lyn Brown

 

Sarah Champion

 

126

 

Parliamentary Star    

Clause  27,  page  42,  line  38,  leave out from “(a)” to end of subsection, and insert—

 

“(iii)    

but the period between the allegation first coming to the attention

 

of a person mentioned in paragraph (a) and any initiation of

 

disciplinary proceedings does not exceed the period specified in

 

the regulations.

 

(3A)    

The regulations under this section must specify that there is no maximum period

 

time after which historic allegation of misconduct cannot be investigated for

 

cases which meet the following conditions—

 

(a)    

the case involves allegations of gross misconduct,

 

(b)    

the case is certified by the Secretary of State to be liable to lead to serious

 

loss of confidence in the police service and the Secretary of State

 

determines that investigating and, if appropriate, hearing the case is

 

necessary and proportionate.

 

(3AA)    

The provisions of this section apply where the alleged misconduct, inefficiency

 

or ineffectiveness took place prior to this Act coming into force.


 
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Revised 08 June 2016