Vote Bundle Text (900522-02)

Amendments proposed to the Nuclear Safeguards Bill [Lords] - continued	House of Commons

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Mr David Maclean

Page 5, line 28 [Clause 5], at end insert—

'(4A) No Agency inspector shall, by virtue of this section, search the clothing or the body of a person or persons.'.

Mr David Maclean

Page 5, line 29 [Clause 5], leave out subsection (5) and insert—

'(5) Where an Agency inspector is refused entry at any location falling within subsection (1) above he may apply to a justice of the peace for a forcible entry warrant authorising a police constable to enter the premises (if necessary by force) at any reasonable hour within one month from the time of the issue of the warrant.'.

Mr David Maclean

Page 5, line 29 [Clause 5], leave out subsection (5).

Mr David Maclean

Page 5, line 32 [Clause 5], leave out from 'section' to end of line 33.

Mr Eric Forth

Page 5, line 38 [Clause 5], leave out 'conclusive'.

Mr David Maclean

Page 5, line 47 [Clause 5], at end insert—

'(7A) For the purposes of subsection (7) above, it shall be a defence if the actions of any Agency inspector, in entering or searching premises or persons, infringe the European Convention of Human Rights.'.

Mr David Maclean

Page 7, line 42 [Clause 9], leave out subsections (1) and (2) and insert—

'(1) A person guilty of an offence under section 2(5) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) A person guilty of an offence under section 3(6) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2A) A person guilty of an offence under section 4 of obstructing an authorised officer shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2B) A person guilty of an offence under section 4 of obstructing or wilfully refusing the order of a police constable shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or on indictment to imprisonment for a term not exceeding one year or a fine (or both).

(2C) A person guilty of an offence under section 6 or 7 shall be liable on conviction on indictment to a term of imprisonment not exceeding 5 years or a fine (or both).'.

Mr Eric Forth

Page 8, line 12 [Clause 9], after 'was' insert 'authorised or'.

Mr Eric Forth

Page 8, line 23 [Clause 10], leave out 'his proper address' and insert 'the address at which he is known to reside or work'.

NEW SCHEDULE

Mr Eric Forth

NS1

To move the following Schedule:—

'Intimate and Strip Searches

Intimate Search

1. An 'intimate search' is a search which consists of the physical examination of a person's body orifices other than the mouth.

(a) Action

2. Body orifices other than the mouth may be searched only if an officer of the rank of superintendent or above has reasonable grounds for believing:

(a) that an article which could cause physical injury to the detained person or others at the police station has been concealed; or

(b) that the person has concealed a Class A drug which he intended to supply to another or to export; and

The reasons why an intimate search is considered necessary shall be explained to the person before the search takes place.

3. An intimate search may only be carried out by a registered medical practitioner or registered nurse, unless an officer of at least the rank of superintendent considers that this is not practicable and the search is to take place under sub-paragraph 2(a) above.

4. An intimate search under sub-paragraph 2(a) above may take place only at a hospital, surgery, other medical premises or police station. A search under sub-paragraph 2(b) may take place only at a hospital, surgery or other medical premises.

5. An intimate search at a police station of a juvenile or a mentally disordered or mentally handicapped person may take place only in the presence of an appropriate adult of the same sex (unless the person specifically requests the presence of a particular adult of the opposite sex who is readily available). In the case of a juvenile the search may take place in the absence of the appropriate adult only if the juvenile signifies in the presence of the appropriate adult that he prefers the search to be done in his absence and the appropriate adult agrees. A record shall be made of the juvenile's decision and signed by the appropriate adult.

6. Where an intimate search under sub-paragraph 2(a) above is carried out by a police officer, the officer must be of the same sex as the person searched. Subject to paragraph 5 above, no person of the opposite sex who is not a medical practitioner or nurse shall be present, nor shall anyone who presence is unnecessary but a minimum of two people, other than the person searched, must be present during the search. The search shall be conducted with proper regard to the sensitivity and vulnerability of the person in these circumstances.

(b) Documentation

7. In the case of an intimate search the custody officer shall as soon as practicable record which parts of the person's body were searched, who carried out the search, who was present, the reasons for the search and its results.

8. If an intimate search is carried out by a police officer, the reason why it was impracticable for a suitably qualified person to conduct it must be recorded.

II. STRIP SEARCH

9. A strip search is a search involving the removal of more than outer clothing.

(a) Action

10. A strip search may take place only if it is considered necessary to remove an article which a person would not be allowed to keep, and the officer reasonably considers that the person might have concealed such an article. Strips searches shall not be routinely carried out where there is no reason to consider that articles have been concealed.

The conduct of strip searches

11. The following procedures shall be observed when strip searches are conducted:

(a) a police officer carrying out a strip search must be of the same sex as the person searched;

(b) the search shall take place in an area where the person being searched cannot be seen by anyone who does not need to be present, nor by a member of the opposite sex (except an appropriate adult who has been specifically requested by the person being searched);

(c) except in cases of urgency, where there is a risk of serious harm to the person detained or to others, whenever a strip search involves exposure of intimate parts of the body, there must be at least two people present other than the person searched, and if the search is of a juvenile or a mentally disordered or mentally handicapped person, one of the people must be the appropriate adult. Except in urgent cases as above, a search of a juvenile may take place in the absence of the appropriate adult only if the juvenile signifies in the presence of the appropriate adult that he prefers the search to be done in his absence and the appropriate adult agrees. A record shall be made of the juvenile's decision and signed by the appropriate adult. The presence of more than two people, other than an appropriate adult, shall be permitted only in the most exceptional circumstances.

(d) the search shall be conducted with proper regard to the sensitivity and vulnerability of the person in these circumstances and every reasonable effort shall be made to secure the person's co-operation and minimise embarassment. People who are searched should not normally be required to have all their clothes removed at the same time, for example, a man shall be allowed to put on his shirt before removing his trousers, and a woman shall be allowed to put on her blouse and upper garments before further clothing is removed;

(e) where necessary to assist the search, the person may be required to hold his or her arms in the air or to stand with his or her legs apart and to bend forward so that a visual examination may be made of the genital and anal areas provided that no physical contact is made with any other body orifice;

(f) if, during a search, articles are found, the person shall be asked to hand them over. If articles are found within any body orifice other than the mouth, and the person refused to hand them over, their removal would constitute an intimate search, which must be carried out in accordance with the provisions of Part A of this Annex;

(g) a strip search shall be conducted as quickly as possible, and the person searched allowed to dress as soon as the procedure is complete.

(b) Documentation

12. A record shall be made on the custody record of a strip search including the reason it was considered necessary to undertake it, those present and the result.'.

    NUCLEAR SAFEGUARDS BILL [LORDS] AND SEA FISHING GRANTS (CHARGES) BILL (ALLOCATION OF TIME)
    Margaret Beckett
Mr Secretary Byers
Mr Nicholas Brown
    That the following provisions shall apply to the remaining proceedings on the Nuclear Safeguards Bill [Lords] and the Sea Fishing Grants (Charges) Bill—

Timetable
    1.—(1) Proceedings on Consideration and Third Reading of the Nuclear Safeguards Bill [Lords] shall be completed at today's sitting and brought to a conclusion (if not previously concluded) four hours after the commencement of proceedings on this Motion.
    (2) Proceedings on Consideration and Third Reading of the Sea Fishing Grants (Charges) Bill shall be completed at today's sitting and brought to a conclusion (if not previously concluded) five hours after the commencement of proceedings on this Motion.

Questions to be put
    2.—(1) This paragraph applies for the purpose of bringing proceedings on either Bill to a conclusion in accordance with paragraph 1.
    (2) The Speaker shall forthwith put the following Questions (but no others)—
         (a) any Question already proposed from the Chair;
         (b) any Question necessary to bring to a decision a Question so proposed;
         (c) the Question on any amendment moved or Motion made by a Minister of the Crown;
         (d) any other Question necessary for the disposal of the business to be concluded.
    (3) On a Motion made for a new Clause or Schedule, the Speaker shall put only the Question that the Clause or Schedule be added to the Bill.
    (4) If two or more Questions would otherwise fall to be put under sub-paragraph (2)(c) on amendments moved or Motions made by a Minister of the Crown, the Speaker shall instead put a single Question in relation to those amendments or Motions.

Miscellaneous
    3. Standing Order No. 15(1) (Exempted business) shall apply at today's sitting to proceedings to which this Order applies.
    4. Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.
    5. No Motion shall be made to alter the order in which proceedings on either Bill are taken or to recommit either Bill.
    6. No dilatory Motion shall be made in relation to either Bill except by a Minister of the Crown; and the Question on any such Motion shall be put forthwith.
    7. If at today's sitting—
         (a) a Motion for the Adjournment of the House under Standing Order No. 24 (Adjournment on specific and important matter that should have urgent consideration) has been stood over to Seven o'clock; but
         (b) proceedings to which this Order applies have begun before then,
    proceedings on that Motion shall stand postponed until the conclusion of those proceedings.
    8. Standing Order No. 82 (Business Committee) shall not apply to either Bill.

Supplemental orders
    9. The proceedings on any motion made by a Minister of the Crown for varying or supplementing the provisions of this Order shall (if not previously concluded) be brought to a conclusion one hour after they have been commenced; and Standing Order No. 15(1) shall apply to those proceedings.
    10. If at today's sitting the House is adjourned, or the sitting is suspended, before the time at which any proceedings are to be brought to a conclusion under this Order, no notice shall be required of a Motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of this Order.




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