|
| |
| |
A | |
Bill | |
[AS AMENDED IN STANDING COMMMITTEE E] | |
To | |
Make provision about policing in Northern Ireland and the exercise of police | |
powers in Northern Ireland by persons who are not police officers; and to | |
amend the Police and Criminal Evidence (Northern Ireland) Order 1989. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Part 1 | |
Policing | |
The Northern Ireland Policing Board | |
1 Consultation with Board | |
(1) In section 24 of the Police (Northern Ireland) Act 2000 (c. 32) (Secretary of | 5 |
State’s long term policing objectives) for subsection (2) substitute— | |
“(2) Before determining or revising any objectives under this section, the | |
Secretary of State shall consult the Board with a view to obtaining its | |
agreement to the proposed objectives or revision. | |
(2A) Before determining or revising any objectives under this section, the | 10 |
Secretary of State shall also consult— | |
(a) the Chief Constable; and | |
(b) such other persons as the Secretary of State considers | |
appropriate.” | |
(2) In section 27 of that Act (codes of practice on exercise of functions) for | 15 |
subsection (2) substitute— | |
| |
| |
| |
|
| |
| |
“(2) Before issuing or revising a code of practice under this section, the | |
Secretary of State shall consult the Board with a view to obtaining its | |
agreement to the proposed code of practice or revision. | |
(2A) Before issuing or revising a code of practice under this section, the | |
Secretary of State shall also consult— | 5 |
(a) the Chief Constable; and | |
(b) such other persons as the Secretary of State considers | |
appropriate.” | |
2 Board’s policing objectives | |
(1) Section 25 of the Police (Northern Ireland) Act 2000 (c. 32) (Board’s policing | 10 |
objectives) is amended as follows. | |
(2) In subsection (2) omit the words from “but” to the end. | |
(3) In subsection (3) before paragraph (a) insert— | |
“(aa) take account of any objectives under section 24;”. | |
3 Public meetings of the Board | 15 |
(1) In paragraph 19(2) of Schedule 1 to the Police (Northern Ireland) Act 2000 | |
(public meetings of the Board) for “ten” substitute “eight”. | |
(2) Paragraph 19(3) of Schedule 1 to that Act shall cease to have effect. | |
(3) Subsection (1) has effect in relation to years ending on or after the day on which | |
this Act is passed. | 20 |
4 Contracts relating to detention and escort services | |
After section 5 of the Police (Northern Ireland) Act 2000 insert— | |
“5A Contracts relating to detention and escort services | |
(1) The Board may enter into a contract with another person for the | |
provision of services relating to the detention or escort of persons who | 25 |
have been arrested or are otherwise in custody. | |
(2) The powers of the Board under this section shall be exercised, on behalf | |
of and in the name of the Board, by the Chief Constable. | |
(3) The power conferred by this section is subject to any regulations under | |
section 40 of the 1998 Act.” | 30 |
5 Funding for pension purposes | |
(1) The Police (Northern Ireland) Act 2000 is amended as set out in subsections (2) | |
to (11). | |
(2) In section 9(1) (grants to the Board) for “a grant for police purposes” | |
substitute— | 35 |
“— | |
(a) a grant for pension purposes; | |
| |
| |
|
| |
| |
(b) a grant for other police purposes.” | |
(3) In section 9(2) for “A grant” substitute “Grants”. | |
(4) In section 10 (funding for police purposes: ancillary provisions) for subsection | |
(1) substitute— | |
“(1) The Board shall prepare and submit to the Secretary of State, at such | 5 |
times and in such form as the Secretary of State may direct— | |
(a) estimates of the receipts and payments of the Board for pension | |
purposes during such period as may be specified in the | |
direction; | |
(b) estimates of the receipts and payments of the Board for other | 10 |
police purposes during such period as may be specified in the | |
direction. | |
(1A) The Board shall submit to the Secretary of State such other information | |
relating to the estimates submitted under subsection (1) as he may | |
require.” | 15 |
(5) In section 10(2)— | |
(a) for “A draft” substitute “Drafts”; | |
(b) after “payments for” insert “pension purposes and other”. | |
(6) In section 10(3)(a) for “draft” substitute “drafts”. | |
(7) In section 10(4) after “police purposes” insert “other than pension purposes”. | 20 |
(8) In section 10 after subsection (4) insert— | |
“(4A) The Board shall in each financial year put at the disposal of the Chief | |
Constable for pension purposes— | |
(a) an amount equal to the amount of the grant for pension | |
purposes received in that year by the Board under section | 25 |
9(1)(a); | |
(b) any amount received by the Board in that year which is required | |
to be applied for pension purposes by directions under | |
subsection (4) or by any other statutory provision.” | |
(9) In section 10 for subsection (5) substitute— | 30 |
“(5) The Board shall in each financial year put at the disposal of the Chief | |
Constable for other police purposes— | |
(a) an amount equal to the amount of the grant for other police | |
purposes received in that year by the Board under section | |
9(1)(b); | 35 |
(b) any amount received by the Board in that year which is required | |
to be applied for other police purposes by subsection (4) or | |
directions under that subsection or by any other statutory | |
provision.” | |
(10) In section 27(1)(b) (codes of practice on exercise of functions by Chief | 40 |
Constable) for “section 10(5)” substitute “section 10(4A) or (5)”. | |
(11) In section 77(1) (interpretation) after the definition of “the Ombudsman” | |
insert— | |
| |
| |
|
| |
| |
““pension purposes” means the purposes of the pension scheme | |
established by regulations under section 25 of the Police (Northern | |
Ireland) Act 1998;”. | |
(12) Subsections (1) to (11) have effect in relation to financial years ending on or | |
after 31st March 2004. | 5 |
6 Accounts and audit | |
(1) Section 12 of the Police (Northern Ireland) Act 2000 (c. 32) (accounts and audit) | |
is amended as set out in subsections (2) to (7). | |
(2) In subsection (1) for “all amounts put at the Chief Constable’s disposal under | |
section 10(5)” substitute “each of the amounts specified in subsection (1A)”. | 10 |
(3) After subsection (1) insert— | |
“(1A) The amounts are— | |
(a) the amounts put at the Chief Constable’s disposal under section | |
10(4A); | |
(b) any amount received by the Board and paid into the Police | 15 |
Fund in accordance with regulations under section 28(1) of the | |
Police (Northern Ireland) Act 1998; | |
(c) any amount received by the Board and paid into the Police | |
Property Fund in accordance with regulations under section | |
31(4) of that Act; | 20 |
(d) the other amounts put at the Chief Constable’s disposal under | |
section 10(5) of this Act.” | |
(4) In subsection (3) for “The statement of accounts” substitute “Each statement of | |
accounts required under subsection (1)”. | |
(5) In subsection (4) for “the statement” substitute “each statement” and for “they” | 25 |
substitute “the accounts”. | |
(6) In subsection (5) for “the statement” substitute “each statement”. | |
(7) In subsection (6)(b) for “the statement” substitute “each statement” and after | |
“his report” insert “on it”. | |
(8) Subsections (1) to (7) have effect in relation to financial years ending on or after | 30 |
31st March 2004. | |
7 Performance summaries | |
(1) Section 28 of the Police (Northern Ireland) Act 2000 (arrangements relating to | |
economy, efficiency and effectiveness) is amended as set out in subsections (2) | |
to (5). | 35 |
(2) In subsection (5) omit paragraph (c) and the word “and” immediately | |
preceding it. | |
(3) After subsection (5) insert— | |
“(5A) The Board shall prepare and publish for each financial year a summary | |
(its “performance summary”) of the Board’s assessment of— | 40 |
(a) its and the Chief Constable’s performance in the year measured | |
by reference to performance indicators; | |
| |
| |
|
| |
| |
(b) the extent to which any performance standard which applied at | |
any time during that year was met. | |
(5B) The performance summary for a financial year may be published— | |
(a) with a report issued under section 57(1) for the year, or | |
(b) with the performance plan for the following year.” | 5 |
(4) In subsection (6) after “performance plan” insert “or publishing its | |
performance summary”. | |
(5) In subsection (7) at the end insert— | |
“; and | |
“performance summary” means a summary prepared by the Board under | 10 |
subsection (5A)”. | |
(6) Subsections (1) to (5) have effect in relation to financial years ending on or after | |
31st March 2004. | |
8 Performance summaries: supplementary | |
(1) Part 5 of the Police (Northern Ireland) Act 2000 (c. 32) (economy, efficiency and | 15 |
effectiveness) is amended as set out in subsections (2) to (8). | |
(2) In section 29 (audit of performance plans) in subsection (1) after “performance | |
plan” insert “and a performance summary”. | |
(3) In section 29(2) after “performance plan” insert “or a performance summary” | |
and after “the plan” insert “or summary”. | 20 |
(4) In section 29 after subsection (4) insert— | |
“(4A) In relation to a performance summary, the Comptroller and Auditor | |
General shall issue a report— | |
(a) certifying that he has audited the summary; | |
(b) stating whether he believes that it was prepared and published | 25 |
in accordance with the requirements of section 28; | |
(c) if appropriate, recommending how it should be amended so as | |
to accord with the requirements of section 28; | |
(d) recommending whether the Secretary of State should give a | |
direction under section 31(2)(a).” | 30 |
(5) In section 29(6) after “performance plan” insert “or a performance summary”. | |
(6) In section 29(7) after “subsection (4)” insert “or paragraph (c) or (d) of | |
subsection (4A)”. | |
(7) In section 31 (enforcement of duties under section 28) in subsection (1) after | |
“section 29(4)” insert “or (4A)”. | 35 |
(8) In section 31 for subsection (3) substitute— | |
“(3) The Secretary of State shall have regard to any relevant statement | |
before— | |
(a) giving a direction under subsection (2)(a) or (b) following a | |
recommendation contained in a report by virtue of section | 40 |
29(4)(c), (d) or (e); | |
| |
| |
|
| |
| |
(b) giving a direction under subsection (2)(a) following a | |
recommendation contained in a report by virtue of section | |
29(4A)(c) or (d). | |
(4) A relevant statement is a statement submitted to the Secretary of State | |
under section 29(10) before the end of the period mentioned in section | 5 |
29(8).” | |
(9) Subsections (1) to (8) have effect in relation to financial years ending on or after | |
31st March 2004. | |
Reports and inquiries | |
9 Reports of Chief Constable | 10 |
(1) Section 59 of the Police (Northern Ireland) Act 2000 (c. 32) (general duty of | |
Chief Constable to report to Board) is amended as set out in subsections (2) to | |
(4). | |
(2) For subsection (3) substitute— | |
“(3) The Chief Constable may refer to the Secretary of State a requirement | 15 |
to submit a report under subsection (1) if it appears to the Chief | |
Constable that a report in compliance with the requirement would | |
contain information which ought not to be disclosed on any of the | |
grounds mentioned in section 76A(1).” | |
(3) In subsection (4) for the words from “in order to” to the end substitute “for | 20 |
either or both of the purposes mentioned in subsection (4A).” | |
(4) After subsection (4) insert— | |
“(4A) The purposes are— | |
(a) exempting the Chief Constable from the obligation to report to | |
the Board information which, in the opinion of the Secretary of | 25 |
State, ought not to be disclosed on any of the grounds | |
mentioned in section 76A(1); | |
(b) imposing on the Chief Constable an obligation to supply any | |
such information to the committee constituted by the Board | |
under paragraph 24(1A) of Schedule 1. | 30 |
(4B) Subsection (4D) applies if— | |
(a) a requirement to submit a report has been made under | |
subsection (1); | |
(b) the Chief Constable has not referred the requirement to the | |
Secretary of State under subsection (3); | 35 |
(c) the Chief Constable is of the opinion that a report in compliance | |
with the requirement would include information of a kind | |
mentioned in paragraph (a) or (b) of subsection (4C). | |
(4C) The information is— | |
(a) information the disclosure of which would be likely to put an | 40 |
individual in danger, or | |
| |
| |
|
| |
| |
(b) information which ought not to be disclosed on any of the | |
grounds mentioned in section 76A(1). | |
(4D) The Chief Constable may, instead of including the information in the | |
report to the Board, supply it to the committee constituted by the Board | |
under paragraph 24(1A) of Schedule 1. | 5 |
(4E) If the Chief Constable supplies information to the committee under | |
subsection (4D) he shall include a summary of it in the report to the | |
Board. | |
(4F) In preparing a summary under subsection (4E) the Chief Constable | |
shall take into account the views of the committee. | 10 |
(4G) Subsection (4H) applies if— | |
(a) the Chief Constable supplies information to the committee | |
under subsection (4D), or | |
(b) the Chief Constable includes information in a report to the | |
Board and is of the opinion that the information is information | 15 |
of a kind mentioned in paragraph (a) or (b) of subsection (4C). | |
(4H) The Chief Constable must— | |
(a) inform the Secretary of State that the information has been | |
included in a report to the Board or supplied to the committee; | |
(b) inform the Secretary of State and the recipient of the | 20 |
information that, in his opinion, the information is information | |
of a kind mentioned in paragraph (a) or (b) of subsection (4C).” | |
(5) Subsections (1) to (4) have effect in relation to a requirement to submit a report | |
under section 59(1) of the Police (Northern Ireland) Act 2000 (c. 32) if— | |
(a) the Chief Constable has not referred the requirement to the Secretary of | 25 |
State under section 59(3) of that Act before the day on which this Act is | |
passed; | |
(b) the Chief Constable has referred the requirement to the Secretary of | |
State under section 59(3) of that Act before that day but the Secretary of | |
State has not before that day decided whether to modify or set aside the | 30 |
requirement under section 59(4) of that Act. | |
10 Inquiries by Board | |
(1) Section 60 of the Police (Northern Ireland) Act 2000 (inquiry by Board | |
following report by Chief Constable) is amended as set out in subsections (2) | |
to (4). | 35 |
(2) For subsection (3) substitute— | |
“(3) The Chief Constable may refer to the Secretary of State the decision of | |
the Board to cause an inquiry to be held under this section if it appears | |
to the Chief Constable that such an inquiry ought not to be held on any | |
of the grounds mentioned in section 76A(2).” | 40 |
(3) In subsection (5) for “should not be held on a ground mentioned in subsection | |
(3)” substitute “ought not to be held on any of the grounds mentioned in | |
section 76A(2)”. | |
(4) After subsection (10) insert— | |
| |
| |
|
