S.C.D.
NOTICES OF AMENDMENTS
given up to and including
Friday 7th January 2005
New Amendments handed in are marked thus *
STANDING COMMITTEE D
SERIOUS ORGANISED CRIME AND POLICE BILL
NOTE
The Amendments have been arranged in accordance with the order to be proposed by Caroline Flint.
Caroline Flint
To move, That the Bill be considered in the following order, namely, Clause 1, Schedule 1; Clauses 2 to 50, Schedule 2; Clauses 51 and 52, Schedule 3; Clause 53, Schedule 4; new Clauses and new Schedules relating to Part 1; Clauses 54 to 74, Schedule 5; Clauses 75 to 90, Schedule 6; Clauses 91 to 100; new Clauses and new Schedules relating to Part 2; Clauses 101 and 102, Schedule 7; Clauses 103 to 113, Schedules 8 and 9; Clauses 114 and 115, new Clauses and new Schedules relating to Part 3; Clauses 120 to 122; Clauses 125 to 128; Clauses 134 to 136, Schedule 11; Clause 137, Schedule 12; Clause 138, Schedule 13; Clauses 139 and 140, Schedule 14; Clasues 141 to 147, Schedule 15; Clauses 116 to 119, Schedule 10; Clauses 123 and 124; Clauses 129 to 133; new Clauses and new Schedules relating to Parts 4 and 5; Clauses 148 to 150, Schedule 16; Clauses 151 to 155; remaining new Clauses and new Schedules; remaining proceedings on the Bill.
Mr David Heath
Dr Evan Harris
79
Clause 1, page 2, line 5, at end insert—
| '(c) | the Serious Fraud Office.'. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne
64
Schedule 1, page 118, line 9, leave out sub-sub-paragraphs (b) and (c) and insert 'and
| (aa) | such number of ex-officio members and other members ("ordinary members") as the Secretary of State may determine.'. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne
65
Schedule 1, page 118, line 14, leave out sub-sub-paragraphs (a) to (c) and insert—
| '(a) | there shall be the same number of ex-officio and ordinary members, and |
| (b) | the total of the number determined under sub-paragraph 1(aa) must not at any time be less than four.'. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne
66
Schedule 1, page 118, line 26, at end insert—
| '(4a) | The chairman shall have a casting vote only.'. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne
120
Schedule 1, page 120, line 28, after '9)', insert—
| '(aa) | such persons appointed by SOCA under this paragraph as police members of SOCA,'. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne
4
Schedule 1, page 120, line 28, leave out from '9)' to end of line 29 and insert—
'(1A) The Director General shall appoint such staff for SOCA as he considers necessary for the discharge of its functions.'.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne
121
Schedule 1, page 120, line 36, after first 'SOCA', insert 'or police members of SOCA'.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne
108
Schedule 1, page 122, line 33, at end insert—
| 13A | A person shall be appointed as a police member of SOCA if— |
(a) he is attested or sworn as a constable and
| (i) | he is a member a police force maintained under section 2 of the Police Act 1996; |
| (ii) | he is a member of the Metropolitan Police Force or City of London Police Force; |
| (iii) | he is a regular constable within the meaning of the Police (Scotland) Act 1967; |
| (iv) | he is a member of the Police Service of Northern Ireland; |
| (v) | he is a member of the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987; |
| (vi) | he is a member of the British Transport Police Force; |
| (vii) | he is a member of the States of Jersey Police Force; |
| (viii) | he is a member of the salaried Police Force of the island of Guernsey; or |
| (ix) | he is a member of the Isle of Man Constabulary; |
(b) he is an officer of Revenue and Customs, or
(c) he is an immigration officer within the meaning of the Immigration Act 1971.
| 13B(1) | Subject to the provisions of this paragraph, the Secretary of State may make regulations as to the government and administration of SOCA and conditions of service within SOCA. |
| (2) | Without prejudice to the generality of sub-paragrpah (1), regulations under this paragraph may make provision with respect to— |
(a) the ranks to be held by police members of SOCA;
(b) the promotion of police members of SOCA;
(c) voluntary retirement of the police members of SOCA;
(d) the efficiency and effectiveness of police members of SOCA;
(e) the suspension of police members of SOCA from membership of it and from their office as constables;
(f) the maintenance of personal records as members of SOCA;
(g) the duties which are or are not to be performed by the police members of SOCA;
(h) the treatment at occasions of police duty of attendance at meetings of the Police Federations and of anybody recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996;
(i) the hours of duty, leave, pay and allowances of police members of SOCA; and
(j) the issue, use and return of—
| (i) | personal equipment and accoutrements; and |
| (3) | Regulations under this paragraph for regulating pay and allowances may be made retrospective to any date specified in the Regulations, but nothing in this sub-paragraph shall be construed as authorising the pay or allowances payable to any person to be reduced retrospectively. |
(a) pay, or make payments in respect of pensions or gratuities to or in respect of any persons who are or have been police members;
(b) provide and maintain schemes (whether contributory or not) for the payment of pensions or gratuities to or in respect of any such persons.
| (5) | Before exercising its powers under sub-paragraph (4), SOCA shall have regard to any provision made under the Pensions Act 1976.'. |
Mr David Heath
Dr Evan Harris
80
Clause 2, page 2, line 9, after 'crime', insert 'and serious fraud'.
Mr David Heath
Dr Evan Harris
81
Clause 2, page 2, line 10, leave out 'such'.
Mr David Heath
Dr Evan Harris
82
Clause 2, page 2, line 14, leave our subsection (3).
Mr David Heath
Dr Evan Harris
83
Clause 2, page 2, line 18, leave out from 'Office' to end of line 19.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne
5
Clause 3, page 2, line 42, after 'agencies', insert—
| '(ca) | intelligence agencies,'. |
Mr David Heath
Dr Evan Harris
84
Clause 3, page 3, line 12, after 'is', insert 'recognised by the Secretary of State as being'.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne
6
Clause 3, page 3, line 19, at end add—
'(6) In this section "intelligence agency" means—
| (a) | the Security Services, |
| (b) | the Secret Intelligence Service, |
| (c) | Government Communications Headquarters, or |
| (d) | any other United Kingdom intelligence-gathering agency.'. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne
7
Clause 5, page 3, line 37, after 'institute', insert 'and have the conduct of any'.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne
8
Clause 5, page 3, line 38, at end insert 'which appear to it to relate to serious organised crime'.
Mr Andrew Mitchell
Mr Jonathan Djangoly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne
161
*Clause 6, page 4, line 27, at end insert—
| '(b) | the financial resources expected to be available to him for the financial year, |
| (c) | his proposed allocation of those resources.'. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne
9
Clause 6, page 4, line 28, leave out paragraph (b).
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne
10
Clause 6, page 4, line 32, leave out subsection (4).
Mr Andrew Mitchell
Mr Jonathan Djangoly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne
162
*Clause 6, page 4, line 39, after second 'to', insert 'and the financial resources required to'.
