House of Commons portcullis
House of Commons

Publications on the internet
Index of Amendments

          

NOTICES OF AMENDMENTS

given up to and including

Monday 24th March 2003


New Amendments handed in are marked thus *

CONSIDERATION OF BILL

POLICE (NORTHERN IRELAND) BILL [LORDS], AS AMENDED



NEW CLAUSES

Independent members: declaration against terrorism

   

Mr Secretary Murphy

NC1

To move the following Clause:—

    '(1)   Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) (district policing partnerships) is amended as follows.

    (2)   In paragraph 1 (interpretation) after sub-paragraph (3) insert—

      "(3A) In this Schedule a "declaration against terrorism" means a declaration in the form set out in Part 1 of Schedule 2 to the Elected Authorities (Northern Ireland) Act 1989, with the substitution of the words "if appointed" for the words "if elected"."

    (3)   In paragraph 5 (council's nominations of independent members) in sub-paragraph (4) after "if" insert "(a)" and after "the DPP" insert—

       ", or

      (b) he has not made a declaration against terrorism".

    (4)   In paragraph 7 (removal of members from office) in sub-paragraph (1) after paragraph (a) insert—

      "(aa) in the case of an independent member, he has acted in breach of the terms of a declaration against terrorism;".

    (5)   In paragraph 7 after sub-paragraph (2) insert—

      "(3) Section 6 of the Elected Authorities (Northern Ireland) Act 1989 applies to determine whether an independent member has acted in breach of the terms of a declaration against terrorism as it applies to determine whether a person who has made a declaration required for the purpose of section 3, 4 or 5 of that Act has acted in breach of the terms of the declaration.

      (4) As applied by sub-paragraph (3), section 6 of the Elected Authorities (Northern Ireland) Act 1989 applies with the following modifications—

      (a) in subsection (1), for the words from "after" to "the Assembly" substitute "when he is an independent member of a district policing partnership";

      (b) omit subsection (4);

      (c) in subsection (5), in the definition of "public meeting" after paragraph (c) insert—

          "(d)  any meeting of a district policing partnership or a committee of a district policing partnership (whether or not a meeting which the public is permitted to attend), and

          (e) any meeting of a sub-group established under section 21 of the Police (Northern Ireland) Act 2000 or a committee of such a sub-group (whether or not a meeting which the public is permitted to attend), and".

          (6)   Subsections (1) to (5) come into force in accordance with provision made by the Secretary of State by order.'.


      Independent members: disqualification

         

      Mr Secretary Murphy

      NC2

      To move the following Clause:—

          '(1)   In paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) (disqualification for membership of district policing partnership) for sub-paragraph (2) substitute—

          "(2) A person is disqualified for being an independent member of a DPP if—

          (a) he has been convicted in Northern Ireland or elsewhere of any offence and has had passed on him a sentence of imprisonment or detention, and

          (b) the relevant period has not ended.

          (3) The relevant period is the period of five years beginning with the person's discharge in respect of the offence.

          (4) For the purposes of sub-paragraph (3) the following are to be treated as the discharge of a person (whether or not his release is subject to conditions)—

          (a) his release on licence;

          (b) his release in pursuance of a grant of remission.

          (5) Sub-paragraph (4) does not apply in relation to the release of a person in respect of an offence if he is required to return to prison or detention for a further period in respect of the offence.

          (6) Subject to sub-paragraph (7), the reference in sub-paragraph (2) to a sentence of imprisonment or detention does not include a suspended sentence.

          (7) Sub-paragraph (6) does not apply in relation to a suspended sentence that has been ordered to take effect.

          (8) In this paragraph "suspended sentence" means a sentence of imprisonment or detention that is ordered not to take effect unless the conditions specified in the order are met."

          (2)   Subsection (1) comes into force in accordance with provision made by the Secretary of State by order.'.

      As Amendments to Mr Secretary Murphy's proposed New Clause (NC2) (Independent members: disqualification):—

         

      Mr Quentin Davies
      Mr John Taylor
      Mr David Wilshire

      (a)

      *Line     11,     leave out 'five' and insert 'ten'.

         

      Mr Quentin Davies
      Mr John Taylor
      Mr David Wilshire

      (b)

      *Line     21,     leave out subsection (6).


      Appointment of constables with special policing skills

         

      Mr Secretary Murphy

      NC4

      To move the following Clause:—

          '(1)   The Police (Northern Ireland) Act 2000 (c. 32) is amended as set out in subsections (2) to (5).

          (2)   In section 36 (appointments to the Police Service of Northern Ireland) after subsection (3) (training requirements for persons appointed to rank of constable) insert—

          "(4) Subsection (3) does not apply to a person appointed in pursuance of an authorisation under section 47A(1)."

          (3)   After section 47 insert—

              "47A   Appointments to Police Service of Northern Ireland in special circumstances

              (1)   The Board may if requested to do so by the Chief Constable authorise the appointment to the rank of constable in the Police Service of Northern Ireland of a specified number of persons—

              (a) who have a specified policing skill, but

              (b) who have not complied with the requirements in paragraphs (a) and (b) of section 36(3).

              (2)   The Board shall not give an authorisation under subsection (1) in relation to persons who have a particular policing skill unless it is satisfied—

              (a) that the requirements of subsection (3) are met;

              (b) that any further requirements which are specified by it under subsection (4) and which apply in relation to the giving of the authorisation are met.

              (3)   The requirements are—

              (a) that there is a need for more persons who have the policing skill to be appointed to the rank of constable in the Police Service of Northern Ireland;

              (b) that the need cannot be met by the appointment of persons who have complied with the requirements in paragraphs (a) and (b) of section 36(3).

              (4)   The Board may specify further requirements which apply in relation to the giving of an authorisation under subsection (1).

              (5)   Any requirements specified under subsection (4) may apply in relation to the giving of all authorisations under subsection (1) or to the giving of a particular authorisation or description of authorisation.

              (6)   In this section "specified" means specified by the Board."

          (4)   In paragraph 17(4) of Schedule 1 (procedure for Board decisions) for "paragraph 18" substitute "paragraphs 17A and 18".

          (5)   After paragraph 17 of Schedule 1 insert—

             "Authorisations under section 47A(1)

          17A The Board shall not give an authorisation under section 47A(1) unless a proposal to do so has been approved by each member of the Board present and voting on the question at a meeting of the Board."

          (6)   The preceding provisions of this section expire at the end of a period of two years starting on the day on which this Act is passed.

          (7)   The Secretary of State may by order amend subsection (6) by substituting "four years" for "two years".

          (8)   An order under subsection (7) may be made only with the prior authorisation of the Board.

          (9)   The Board shall not give an authorisation under subsection (8) unless a proposal to do so has been approved by each member of the Board present and voting on the question at a meeting of the Board.

          (10)   In paragraph 17(4) of Schedule 1 to the Police (Northern Ireland) Act 2000 (c.32) (procedure for Board decisions) after "18" insert "and section [Appointment of constables with special policing skills](9) of the Police (Northern Ireland) Act 2003".

          (11)   An order under subsection (7) may not be made after the end of the period of two years specified in subsection (6).'.

      As an Amendment to Mr Secretary Murphy's proposed New Clause (NC4) (Appointment of constables with special policing skills):—

         

      Mr Quentin Davies
      Mr John Taylor
      Mr David Wilshire

      (a)

      *Line     44,     leave out 'each member' and insert 'a majority of the members'.


      Members of PSNI engaged on other police service

         

      Mr Secretary Murphy

      NC5

      To move the following Clause:—

             'In section 27 of the Police (Northern Ireland) Act 1998 (c. 32) (members of Police Service of Northern Ireland engaged on other police service) after subsection (6) insert—

          "(6A) Regulations made by virtue of section 25(3) or (4) in relation to a member of the PSNI who has completed a period of relevant service within subsection (1)(d) may provide for a relevant procedure to be treated for the purposes of the regulations as carried out in accordance with procedures for which provision is made by regulations made by virtue of section 25(3).

          (6B) In subsection (6A) "relevant procedure" means an investigation, hearing or other procedure carried out in relation to the person concerned in a country or territory outside the United Kingdom in connection with the person's relevant service."'.


      Codes of practice

         

      Mr Secretary Murphy

      NC6

      To move the following Clause:—

        'In section 27 of the Police (Northern Ireland) Act 2000 (c. 32) (codes of practice on exercise of functions) for 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—

              (a) the Chief Constable;

              (b) the Ombudsman;

              (c) the Northern Ireland Human Rights Commission;

              (d) the Equality Commission for Northern Ireland; and

              (e) such other persons as the Secretary of State considers appropriate." '.

 
contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page Search page Enquiries index

©Parliamentary copyright 2003
Prepared 24 Mar 2003