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27 Mar 2003 : Column 464—continued

Mr. Bradshaw: All Members of the House would want to join the hon. Gentleman in expressing our sympathy and condolences for everyone not only in Northern Ireland, but Iraq and other countries, who have suffered the ravages of terrorism or dictatorship. I am sure that my hon. Friend the Minister of State, Northern Ireland Office, who is sitting next to me on the Front Bench, will bear in mind what he has said.

BILL PRESENTED

Anti-Social Behaviour

Mr. Secretary Blunkett, supported by the Prime Minister, Mr. Secretary Prescott, Mr. Chancellor of the Exchequer, Mr. Secretary Straw, Secretary Margaret Beckett, Mr. Secretary Clarke and Mr. Bob Ainsworth, presented a Bill to make provision in connection with anti-social behaviour: And the same was read the First time; and ordered to be read a Second time on Friday 28 March, and to be printed. Explanatory notes to be printed [Bill 83].

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Orders of the Day

Police (Northern Ireland) Bill [Lords]

As amended in the Standing Committee, further considered.

Clause 23

Disclosure of Information and Holding of Inquiries

1.12 pm

Lady Hermon (North Down): I beg to move amendment No. 60, in page 16, line 1, leave out clause 23.

Mr. Deputy Speaker (Sir Alan Haselhurst): With this it will be convenient to discuss the following:

Amendment No. 61, in page 16, line 9 [Clause 23], at end insert—


'(d) the information would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders.'.

Amendment No. 84, in page 16, line 9 [Clause 23], at end insert—


'(d) the information would, or would be likely, to prejudice ongoing police investigations or operations.'.

Amendment No. 62, in page 16, line 16 [Clause 23], at end insert—


'(d) the inquiry would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders.'.

Amendment No. 85, in page 16, line 16 [Clause 23], at end insert—


'(d) the information would, or would be likely, to prejudice ongoing police investigations or operations.'.

Government amendments Nos. 30 and 31.

Amendment No. 59, in page 15, line 31 [Clause 22], leave out 'shall' and insert 'may'.

Amendment No. 83, in page 15, line 46 [Clause 22], leave out paragraph (c).

Government amendment No. 32.

Amendment No. 52, in page 12, line 1, leave out Clause 18.

Government amendment No. 9.

Amendment No. 56, in page 12, line 8 [Clause 18], leave out


'it appears to the Chief Constable that'.

Government amendment No. 10.

Amendment No. 78, in page 12, line 10 [Clause 18], at end insert—


'(2A) Subsection (1) does not require the Chief Constable to supply any information to the Board if it appears to the Chief Constable that the information ought not to be disclosed on the grounds that it would, or would be likely to, prejudice ongoing police investigations and operations.'.

Government amendment No. 11.

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Amendment No. 53, in page 12, line 14 [Clause 18], at end insert


'or is information that would or be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders'.

Amendment No. 79, in page 12, line 14 [Clause 18], at end insert


'or would, or would be likely to, prejudice ongoing police investigations or operations'.

Government amendment No. 12.

Amendment No. 57, in page 12, line 19 [Clause 18], leave out 'in his opinion'.

Amendment No. 58, in page 12, line 20 [Clause 18], after 'would', insert 'in his opinion'.

Amendment No. 54, in page 12, line 21 [Clause 18], leave out 'or'.

Amendment No. 55, in page 12, line 23 [Clause 18], at end insert


'or
(c) information that would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders.'.

Government amendments Nos. 13 and 14.

Amendment No. 38, in page 6, line 10, leave out Clause 9.

Amendment No. 70, in page 6, line 13 [Clause 9], at end insert—


'(1A) In subsection (2) at the beginning insert 'Except where subsection (2A) applies
(1B) After subsection (2) insert—
"(2A) Subsection (2) shall not apply where a longer period for the purposes of (2)(b) is not agreed by the Chief Constable and the Board.
(2B) Where there is no agreement between the Chief Constable and the Board for the purposes of (2)(b) a report shall be made within a longer period as may be determined by Her Majesty's Inspector of Constabulary.".'.

Amendment No. 71, in page 6, line 19 [Clause 9], at end insert—


'(3A) The Chief Constable may refer to the Secretary of State a requirement 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 that ought not to be disclosed because it would, or would be likely, to prejudice ongoing police investigations and operations.'.

Amendment No. 72, in page 6, line 27 [Clause 9], at end insert—


'(aa) exempting the Chief Constable from the obligation to report to the Board information the disclosure of which, in the opinion of the Secretary of State, would, or would be likely, to prejudice ongoing police investigations or operations;'.

Government amendment No. 3.

Amendment No. 40, in page 6, line 38 [Clause 9], leave out 'or (b)' and insert ', (b) or (c)'.

Amendment No. 41, in page 7, line 2 [Clause 9], at end insert


'or
(c) information that would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders.'.

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Amendment No. 73, in page 7, line 2 [Clause 9], at end insert—


'(c) information the disclosure of which would, or would be likely to, prejudice ongoing police investigations or operations.'.

Government amendments Nos. 4 to 7.

Amendment No. 42, in page 7, line 32, leave out Clause 10.

Amendment No. 74, in page 7, line 40 [Clause 10], at end insert—


'(2A) The Chief Constable may refer to the Secretary of State the decision of the Board to cause an inquiry held under this section if it appears to the Chief Constable that such an inquiry ought not to be held because it would, or would be likely to, prejudice ongoing police investigations or operations.'.

Amendment No. 43, in page 8, line 7 [Clause 10], at end insert


'or
(c) information that would be likely to prejudice the prevention or detection of crime or the apprehension or prosecution of offenders.'.

Amendment No. 75, in page 8, line 7 [Clause 10], at end insert—


'(c) information the disclosure of which would, or would be likely to, prejudice ongoing police investigations or operations.'.

Government amendment No. 18.

Amendment No. 80, in page 14, line 11 [Clause 21], at end insert—


'(d) the Chief Constable informs the person that, in his opinion, the information would, or would be likely, to prejudice ongoing police investigations or operations.'.

Government amendments Nos. 19 to 22.

Amendment No. 81, in page 14, line 18 [Clause 21], at end insert—


'(c) the Chief Constable informs the Board or the Committee under section 33A(6) or 59 (4H) that, in his opinion, the information is information of a kind that would, or would be likely, to prejudice ongoing police investigations or operations.'.

Government amendments Nos. 23 to 29.

Amendment No. 86, in page 8, line 25, leave out Clause 11.

Amendment No. 44, in page 8, line 36 [Clause 11], leave out subsection (4).

Government amendment No. 8.

Amendment No. 76, in page 10, line 10 [Clause 12], at end insert—


(c) information the disclosure of which would, or would be likely to, prejudice ongoing police investigations or operations.'.

New clause 21—Majority of Board to approve inquiries under section 60—


'(1) Paragraph 18 of Schedule 1 to the Police (Northern Ireland) Act 2000 (procedure for decisions of Board relating to Inquiries under section 60) is amended as set out in subsections (2) and (3).
(2) For subparagraph (5) substitute—
"(5) The Board shall not take any of the steps mentioned in subparagraph (1)(a) unless a proposal to that effect has been approved by a majority of members of the Board.".
(3) For subparagraph (6) substitute—
"(6) The required number of members is a majority of the Board.".'.

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Lady Hermon: I am very happy indeed that the Government are responsible for most of the amendments that we are going to discuss. My right hon. Friend the Member for Upper Bann (Mr. Trimble) and I are responsible for a minority of them—I hasten to add that it is only a minority. I apologise for the absence of my right hon. Friend, who has commitments at home in Northern Ireland, although my colleagues will help throughout the afternoon. Of course, when Democratic Unionist party Members take up their positions at the end of the Bench—we hope that they will do so at some stage—they will make a very constructive contribution.


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