S.C.D.
Amendment Paper as at
Thursday 13th January 2005
STANDING COMMITTEE D
New Amendments handed in are marked thus *
SERIOUS ORGANISED CRIME AND POLICE BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [11th January].
NEW CLAUSES RELATING TO PART 1
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'.
Mr David Heath
Dr Evan Harris
172
Clause 56, page 30, line 32, leave out 'expedient' and insert 'necessary'.
Mr David Heath
Dr Evan Harris
100
Clause 56, page 30, leave out lines 37 to 39 and insert 'a legally qualified prosecutor in the employ of the Director of Public Prosections, SOCA or the Revenue and Customs Prosecution Office.'.
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
212
Clause 56, page 30, line 37, leave out 'constable' and insert 'police officer who is not below the rank of superintendent.'.
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
207
Clause 56, page 30, line 38, leave out paragraph (b).
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
232
Clause 56, page 30, line 38, after 'SOCA', insert 'of the equivalent rank to a person to whom paragraph (a) above applies.'.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
233
Clause 56, page 30, line 39, at end insert 'of the equivalent rank to a person to whom paragraph (a) above applies.'.
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
208
Clause 56, page 30, line 43, leave out paragraph (a).
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
209
Clause 56, page 30, line 45, leave out paragraph (b).
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
210
Clause 57, page 31, line 19, leave out from 'notice' to end of line 21.
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
211
Clause 58, page 32, line 17, at end insert—
'(5)(A) A person may not be required under section 56 to produce any document or information provided to him under a duty of confidentiality in respect of it.'.
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
213
Clause 59, page 32, line 37, leave out 'criminal'.
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
215
Clause 60, page 33, line 37, leave out from 'to' to 'state' in line 38.
Mr David Heath
Dr Evan Harris
173
Clause 60, page 33, line 44, at end insert 'in order to take possession of, preserve or prevent interference with the documents specified.'.
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
214
Clause 60, page 34, line 10, at end insert 'or
| (c) | there shall be liberty to apply to the court granting the warrant by any interested party for the return of the original documents or device,'. |
Mr David Heath
Dr Evan Harris
174
Clause 65, page 36, line 34, leave out paragraph (e).
Mr David Heath
Dr Evan Harris
175
Clause 65, page 36, line 36, leave out 'or a person designated by him under subsection (4)(e).'.
Mr David Heath
Dr Evan Harris
176
Clause 65, page 36, line 39, leave out 'or a person designated by him under subsection (4)(e)'.
Mr David Heath
Dr Evan Harris
177
Clause 65, page 37, line 2, at end add—
'(8) If evidence on the basis of information of any description given by a person to whom an immunity notice has been given is admitted to court proceedings, the court must be advised of the circumstances.'.
Mr David Heath
Dr Evan Harris
178
Clause 66, page 37, line 19, leave out 'or a person designated by him under section 65(4)(e)'.
Mr David Heath
Dr Evan Harris
179
Clause 66, page 37, line 22, leave out 'or a person designated by him under section 65(4)(e)'.
