Protection of Freedoms Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE

Before Clause 1

BARONESS ROYALL OF BLAISDON

LORD ROSSER

LORD TUNNICLIFFE

 

Insert the following new Clause—

“Evidence base for the destruction, retention and use of fingerprints and DNA profiles

(1) Chapter 1 of Part 1 of this Bill shall take effect following the completion of a report on the impact of its provisions by the Secretary of State.

(2) A report commissioned under subsection (1) shall include an evidence-based assessment of the risk of offending following an arrest which did not lead to a conviction.

(3) Evidence assessed under subsection (2) shall cover a period of at least 6 years.

(4) The Secretary of State must make the report, and the Government’s response to any recommendations made in that report, available to the Leaders of the Opposition in both Houses of Parliament.”

Clause 3

BARONESS ROYALL OF BLAISDON

LORD ROSSER

LORD TUNNICLIFFE

 

Page 3, leave out lines 28 to 30

 

Page 3, line 32, leave out “3” and insert “6”

 

Page 3, line 34, leave out “3” and insert “6”

 

Page 3, line 39, leave out from beginning to end of line 7 on page 4

 

Page 4, line 27, leave out from beginning to end of line 30 on page 5

Clause 4

BARONESS ROYALL OF BLAISDON

LORD ROSSER

LORD TUNNICLIFFE

 

Page 6, line 7, at end insert—

“(2A) Otherwise, material falling within subsection (1) may be retained until the end of the retention period specified in subsection (2B).

(2B) The retention period is—

(a) in the case of fingerprints, the period of 6 years beginning with the date on which the fingerprints were taken, and

(b) in the case of DNA profile, the period of 6 years beginning with the date on which the DNA sample from which the profile was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).”

Clause 20

BARONESS ROYALL OF BLAISDON

LORD ROSSER

LORD TUNNICLIFFE

 

Page 15, line 47, leave out subsection (9)

Clause 54

BARONESS ROYALL OF BLAISDON

LORD ROSSER

LORD TUNNICLIFFE

 

Page 40, line 19, at end insert—

“(3A) Subsection (3) applies subject to regulations made by the Secretary of State on the following—

(a) the maximum charge that may be levied in respect of the parking of vehicles on land subject to a barrier operated under subsection (3), and

(b) requirements as to the display of notices in respect of the parking of vehicles on that land.”

Schedule 4

BARONESS ROYALL OF BLAISDON

LORD ROSSER

LORD TUNNICLIFFE

 

Page 130, line 41, at end insert—

“(4) On making the application under subsection (3), the creditor must have provided the relevant authority with evidence of compliance with industry best practice.

(5) In this paragraph “industry best practice” means compliance with the relevant code of practice of the relevant authority.

(6) A code of conduct under subsection (5) should include the following—

(a) guidelines on appropriate penalty charges, and

(b) requirements for the display of notices in respect of the parking of vehicles on the relevant land.

(7) A code of conduct under subsection (5) should adhere to regulations on best practice to be made by statutory instrument.”

Clause 64

BARONESS ROYALL OF BLAISDON

LORD ROSSER

LORD TUNNICLIFFE

 

Page 51, leave out lines 9 to 11

 

Page 51, line 9, leave out “day to day” and insert “close and constant”

 

Page 52, line 14, leave out “day to day” and insert “close and constant”

 

Page 52, line 24, leave out “day to day” and insert “close and constant”

Clause 67

BARONESS ROYALL OF BLAISDON

LORD ROSSER

LORD TUNNICLIFFE

 

Page 55, line 17, leave out subsections (1) to (8) and insert—

“(1) In sub-paragraph (3) of paragraph 2 of Schedule 3 to the Safeguarding Vulnerable Groups Act (inclusion subject to consideration of representations), after paragraph (b) insert—

“(c) give the person the opportunity to present evidence and call witnesses at an oral hearing in front of a panel of at least two persons.”.

(2) After sub-paragraph (2) of paragraph 3 of that Schedule (behaviour) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.

(3) After sub-paragraph (2) of paragraph 5 of that Schedule (risk of harm) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.

(4) After sub-paragraph (3) of paragraph 8 of that Schedule (inclusion subject to consideration of representations) after paragraph (b) insert—

“(c) give the person the opportunity to present evidence and call witnesses at an oral hearing in front of a panel of at least two persons.”.

(5) After sub-paragraph (2) of paragraph 9 of that Schedule (behaviour) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.

(6) After sub-paragraph (2) of paragraph 11 of that Schedule (risk of harm) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.”

After Clause 70

BARONESS ROYALL OF BLAISDON

LORD ROSSER

LORD TUNNICLIFFE

 

Insert the following new Clause—

“Access to information on barring decisions

(1) The Police Act 1997 is amended as follows.

(2) In section 113B, after subsection (3)(b) insert—

“(c) states whether the applicant is on a barred list maintained by the Independent Safeguarding Authority in relation to work with vulnerable adults or children (whichever is appropriate.”.”

Clause 79

BARONESS ROYALL OF BLAISDON

LORD ROSSER

LORD TUNNICLIFFE

 

Page 70, line 30, leave out subsections (1) and (2) and insert—

“(1) In section 113A of the Police Act 1997 (requirement to send copy of criminal record certificate to registered person), after subsection (4) insert—

“(4A) Information supplied under subsection (6) should be provided only—

(a) after a period of 14 days from the day the information was issued, and

(b) if no appeal has been made by the applicant against information contained within that certificate.

(4B) If an appeal has been made under subsection (4A)(b), subsection (4) shall not apply for the duration of those appeal proceedings.”

(2) In section 113B(6)(b) after subsection (6) insert—

“(6A) Information supplied under subsection (6) should be provided only—

(a) after a period of 14 days from the day the information was issued, and

(b) if no appeal has been made by the applicant against information provided under subsection (6).

(6B) If an appeal has been made under subsection (4A)(b), subsection (4) shall not apply for the duration of those appeal proceedings.”.”

Clause 100

BARONESS BRINTON

 

Page 89, line 27, at end insert—

“( ) In section 22 (information intended for future publication) after subsection (1) insert—

“(1A) Information obtained in the course of, or derived from, a programme of research or research project is exempt information if—

(a) the programme or project is continuing with a view to a report of the research (whether or not including a statement of that information) being published by—

(i) a public authority as defined by section 3 of this Act; or

(ii) any other person; and

(b) disclosure of the information before the date of publication would, or would be likely to, prejudice substantially—

(i) the programme or project;

(ii) peer review of the programme or project;

(iii) the interests of any individual participating in the programme or project;

(iv) the interests of the authority which holds the information or the interests of any party collaborating with the authority in connection with the programme or project; or

(v) the physical or mental health of any individual.””

Prepared 25th November 2011