Police Reform and Social Responsibility Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING

The amendments have been marshalled in accordance with the Instruction of 21st July 2011, as ;follows—

Clauses 1 to 10
Schedule 1
Clauses 11 and 12
Schedule 2
Clauses 13 to 20

[Amendments marked * are new or have been altered]

Clause 7

BARONESS BROWNING

1

Page 7, line 2, at end insert—

“(e) give the panel a response to any such report or recommendations, and

(f) publish any such response.”

Clause 29

BARONESS BROWNING

2

Page 22, line 16, at end insert—

“( ) The functions of the police and crime panel for a police area must be exercised with a view to supporting the effective exercise of the functions of the police and crime commissioner for that area.”

LORD HUNT OF KINGS HEATH

LORD RAMSBOTHAM

BARONESS HARRIS OF RICHMOND

[As an amendment to amendment 2]

3

Line 3, leave out “supporting the effective exercise of the functions of the police and crime commissioner for that” and insert “upholding the integrity, impartiality and effectiveness of the police force for that police”

After Clause 48

LORD HARRIS OF HARINGEY

4

Insert the following new Clause—

“Role of Mayor’s Office for Policing and Crime in appointments

The Commissioner of Police of the Metropolis shall ensure that the Mayor’s Office for Policing and Crime shall have the opportunity to interview all candidates being considered for appointment under sections 46, 47 and 48 and to make recommendations to him about such candidates before he consults the Mayor’s Office for Policing and Crime in accordance with sections 46(2), 47(2) and 48(2).”

Clause 59

BARONESS BROWNING

5

Page 39, line 13, leave out “of political parties in connection with” and insert “or other recognition of political parties and other persons incurring expenditure in relation to”

6

Page 39, line 15, leave out paragraphs (d) and (e) and insert—

“(d) about funding and expenditure, in relation to elections of police and crime commissioners, of candidates, political parties and other persons incurring such expenditure;”

7

Page 39, line 29, at end insert—

“( ) Provision within paragraph (d) of subsection (2) includes, in particular—

(a) provision prohibiting, or imposing limitations on, funding or expenditure of any kind mentioned in that paragraph, and

(b) provision for treating funding or expenditure of any such kind which does not relate exclusively to an election of police and crime commissioners as being (or not being), wholly or partly, funding or expenditure in relation to which—

(i) any provision within paragraph (a) applies, or

(ii) any relevant provision applies.”

Clause 63

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

BARONESS HARRIS OF RICHMOND

8*

Page 41, line 29, leave out subsection (2) and insert—

“( ) The panel may only appoint a person under subsection (1) if that person is—

(a) a member of that police and crime panel; and

(b) a member of the relevant local authority.

( ) In appointing an acting police and crime commissioner under subsection (1), the relevant police and crime panel must stipulate the maximum length of time that the person may hold that position.”

After Clause 79

BARONESS BROWNING

9

Insert the following new Clause—

“Policing protocol

(1) The Secretary of State must issue a policing protocol.

(2) Each relevant person must have regard to the policing protocol in exercising the person’s functions.

(3) The Secretary of State may at any time—

(a) vary the policing protocol, or

(b) replace the policing protocol.

(4) Before varying or replacing the policing protocol, the Secretary of State must consult—

(a) such persons as appear to the Secretary of State to represent the views of elected local policing bodies,

(b) such persons as appear to the Secretary of State to represent the views of chief officers of police of police forces maintained by elected local policing bodies,

(c) such persons as appear to the Secretary of State to represent the views of police and crime panels, and

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

(5) The functions of the Secretary of State under subsections (1) and (3) are exercisable by order.

(6) In this section—

“police and crime panel” means—

(a) each police and crime panel established in accordance with Schedule 6 (police areas outside London);

(b) the London Assembly’s police and crime panel (see section 33);

“policing protocol” means a document which sets out, or otherwise makes provision about, ways in which relevant persons should (in the Secretary of State’s view) exercise, or refrain from exercising, functions so as to—

(a) encourage, maintain or improve working relationships (including co-operative working) between relevant persons, or

(b) limit or prevent the overlapping or conflicting exercise of functions;

“relevant persons” means—

(a) the Secretary of State in the exercise of policing functions;

(b) each elected local policing body;

(c) the chief officer of each police force maintained by an elected local policing body;

(d) police and crime panels.”

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

[As an amendment to amendment 9]

10

Line 37, at end insert—

“( ) The policing protocol must, in particular, provide that if a chief constable, Commissioner of the Metropolis, or Deputy Commissioner of the Metropolis resigns or is required to resign before the expiry of his term of appointment, HMIC must conduct a review of the reasons for that resignation and publish a report on that review.

( ) In conducting that review, HMIC may call upon the assistance of IPCC, if the reason for the resignation is or appears to be one which is related to the ethical conduct of any party to whom the protocol applies.

( ) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

After Clause 101

LORD HARRIS OF HARINGEY

11*

Insert the following new Clause—

“Report on necessity of creating offices as corporations sole and separating finance functions

The provisions of this Part—

(a) creating offices as corporations sole, and

(b) applying the Local Government Finance Act 1988 to the chief finance officer of a chief constable or the Commissioner of Police of the Metropolis, shall not come into force until the Secretary of State has laid before Parliament a report stating why it is necessary to create those offices as corporations sole and apply the Local Government Finance Act 1988 to the chief finance officer of a chief constable or the Commissioner of Police of the Metropolis and that report has been considered by both Houses of Parliament.”

Clause 154

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

12

Page 105, line 28, at end insert—

“( ) an order under section (Policing protocol);”

Schedule 6

BARONESS HAMWEE

LORD SHIPLEY

13

Page 131, line 35, at end insert—

“(d) substitution of or deputising for any member who is unable to attend a meeting of the panel,

(e) the quorum for a meeting of the panel”

Schedule 10

BARONESS BROWNING

14

Page 149, line 6, leave out “limitation of expenses” and insert “funding and expenditure of candidates, political parties and other persons”

15

Page 149, line 14, leave out paragraph 14

Schedule 16

BARONESS BROWNING

16

Page 199, line 35, at end insert—

“106A In section 120 (acquisition of land compulsorily by principal councils), after subsection (3) insert—

“(3A) Police and crime commissioners and the Mayor’s Office for Policing and Crime are to be treated as principal councils for the purposes of—

(a) this section (apart from subsection (1)(b)), and

(b) section 121.”.”

17

Page 208, line 31, after “commissioner” insert “, the Mayor’s Office for Policing and Crime”

Prepared 20th July 2011