Amendments proposed to the Serious Organised Crime and Police Bill - continued House of Commons

back to previous text
   

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

102

Schedule     3,     page     128,     line     27,     leave out 'may' and insert 'shall'.

   

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

103

Schedule     3,     page     128,     line     36,     at end insert—

'(5) The scheme shall provide that the terms and conditions of employment of a person on a relevant appointment under section 9 or 55, as to the manner and circumstances on which his appointment may be terminated, shall have effect as the terms and conditions of employment with SOCA, and that any refusal by that person to accept any amendment to any such terms shall not be grounds to dismiss that person lawfully.

   

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

104

Schedule     3,     page     129,     line     8,     leave out 'may' and insert 'shall'.

   

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

105

Schedule     3,     page     129,     line     9,     at end insert 'which shall (subject to any necessary modifications) be the same terms and conditions by virtue of which the person holds a relevant appointment.'.

   

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

106

Schedule     3,     page     129,     line     37,     at end insert 'except an appointment of a police member under section 9 or section 55 of the Police Act 1997.'.

   

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

107

Schedule     3,     page     130,     line     42,     at end insert—

'11A The Secretary of State must consult persons representing the interests of persons who are police members of the National Crime Squad and National Criminal Intelligence Service before making a transfer scheme which contains any provision—

(a)   relating to the transfer of such a person to the employment of SOCA; or

(b)   providing for the secondment of such a person to have effect as a secondment to SOCA.'.


NEW CLAUSES RELATING TO PART 1

Liability of special police forces and law enforcement agencies for unlawful conduct of SOCA staff

   

Caroline Flint

NC1

To move the following Clause:—

    '(1)   The relevant authority is liable in respect of unlawful conduct of persons to whom this section applies in the carrying out, or the purported carrying out, of their functions as such persons in the same manner as an employer is liable in respect of any unlawful conduct of his employees in the course of their employment.

    (2)   In the case of any such unlawful conduct of persons to whom this section applies which is a tort, the relevant authority is accordingly to be treated as a joint tortfeasor.

This subsection does not apply to Scotland.

    (3)   In so far as a relevant authority does not already have power to do so it may, in such cases and to such extent as appear to it to be appropriate, pay—

(a) any damages or costs awarded against a person to whom this section applies in proceedings for any unlawful conduct of that person,

(b) any costs (or, in Scotland, expenses) incurred and not recovered by such a person in such proceedings, and

(c) any sum required in connection with the settlement of a claim that has, or might have, given rise to such proceedings.

    (4)   This section applies to a member of the staff of SOCA who under section 24, 25 or [Directed arrangements: Scotland] is provided for the assistance of—

(a) a special police force, or

(b) a law enforcement agency operating in the United Kingdom.

    (5)   In this section—

"law enforcement agency" has the meaning given by section 3(4) (subject to the territorial restriction contained in subsection (4)(b) above), and

"relevant authority"—

(a) in relation to a member of the staff of SOCA provided for the assistance of the Ministry of Defence Police, means the Secretary of State,

(b) in relation to a member of the staff of SOCA provided for the assistance of the British Transport Police Force, means the British Transport Police Authority,

(c) in relation to a member of the staff of SOCA provided for the assistance of the Civil Nuclear Constabulary, means the Civil Nuclear Police Authority,

(d) in relation to a member of the staff of SOCA provided for the assistance of the Scottish Drug Enforcement Agency, means that Agency,

(e) in relation to a member of the staff of SOCA provided for the assistance of the Commissioners, means those Commissioners,

(f) in relation to a member of the staff of SOCA provided for the assistance of the Scottish Administration, means the Scottish Ministers, and

(g) in relation to a member of the staff of SOCA provided for the assistance of any other law enforcement agency, means such person as is prescribed in relation to that agency by regulations made by the Secretary of State.'.


Restrictions on further disclosure

   

Caroline Flint

NC2

To move the following Clause:—

    '(1)   Information disclosed by SOCA under section 32 to any person or body must not be further disclosed except—

(a) for a purpose connected with any function of that person or body for the purposes of which the information was disclosed by SOCA, or otherwise for any permitted purposes, and

(b) with the consent of SOCA.

    (2)   Information disclosed to SOCA under any enactment by the Commissioners or a person acting on their behalf must not be further disclosed except—

(a) for any permitted purposes, and

(b) with the consent of the Commissioners or an authorised officer of Revenue and Customs.

    (3)   Consent under subsection (1) or (2) may be given—

(a) in relation to a particular disclosure, or

(b) in relation to disclosures made in circumstances specified or described in the consent.

    (4)   In this section "permitted purposes" has the meaning given by section 32(2).'.


Directed arrangements: Scotland

   

Caroline Flint

NC3

To move the following Clause:—

    '(1)   This section applies where it appears to the Scottish Ministers—

(a) that a body within subsection (2) has a special need for assistance from SOCA or SOCA has a special need for assistance from a body within that subsection,

(b) that it is expedient for such assistance to be provided by SOCA or (as the case may be) the body, and

(c) that satisfactory arrangements cannot be made, or cannot be made in time, under section 24.

    (2)   The bodies within this subsection are—

(a) any police force in Scotland, and

(b) the Scottish Drug Enforcement Agency.

    (3)   In a case where this section applies the Scottish Ministers may (as appropriate)—

(a) direct the chief officer of the police force to provide such constables or other assistance for the purpose of meeting the need in question as may be specified in the direction;

(b) direct the Director of the Scottish Drug Enforcement Agency to provide such constables or other persons, or other assistance, for the purpose of meeting the need in question as may be so specified;

(c) with the agreement of the Secretary of State, direct the Director General of SOCA to provide such members of the staff of SOCA or other assistance for the purpose of meeting the need in question as may be so specified.

    (4)   Subsections (6) to (9A) of section 24 apply in relation to assistance provided under this section—

(a) by SOCA to a police force in Scotland or to the Scottish Drug Enforcement Agency, or

(b) to SOCA by a police force in Scotland or by the Scottish Drug Enforcement Agency,

as they apply in relation to assistance so provided under that section.'.


Complaints and misconduct (No. 2)

   

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

NC6

To move the following Clause:—

    '(1)   The jurisdiction of the Independent Police Complaints Commission ("the IPCC") in relation to SOCA shall be restricted to those members of the staff of SOCA who have the powers of a constable.

    (2)   In relation to those persons, the powers of the IPCC shall be restricted to the deprivation of other persons of the powers of a constable.

    (3)   Any other investigations relating to the conduct of a member of the staff of SOCA shall be undertaken solely by SOCA.'.


Police members of staff of SOCA to have powers of constable etc.

   

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

NC8

To move the following Clause:—

    '(1)   The police members of staff of SOCA ("the police members") shall—

(a) have the powers of a constable,

(b) have the customs powers of an officer of Revenue and Customs, and

(c) have the powers of an immigration officer.

    (2)   For the purposes of this Part "police member" means a person who falls within paragraph 13A of Schedule 1.'.


   

Caroline Flint

31

Clause     54,     page     29,     leave out lines 17 and 18 and insert 'Revenue and Customs Prosecutor.'.


   

Mr David Heath
Dr Evan Harris

99

Clause     55,     page     29,     line     29,     after 'offences', insert 'which appear to the investigating authority on reasonable grounds to be of sufficient seriousness to warrant investigation pursuant to this Part'.


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

©Parliamentary copyright 2005
Prepared 11 Jan 2005