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As Amendments to Mr Secretary Clarke's proposed Clause (NC11) (Intimidation of persons connected with animal research organisation):—
Mr Jonathan Djanogly
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
(b)
*Line 4, after 'act', insert 'or A or someone at the instigation of A does a relevant act,'.
Mr Jonathan Djanogly
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
(c)
*Line 42, at end insert '; and
| '(c) | "a person with a financial interest" includes a person undertaking any regulated activity or who is an authorised person within the meaning of the Financial Services and Markets Act 2000 (c. 8).'. |
Dr Evan Harris
Mr David Heath
(a)
*Line 45, leave out 'loss or damage of any description' and insert 'significant loss or damage'.
Penalty for offences under sections (Interference with contractual relations so as to harm animal research organisation) and (Intimidation of persons connected with animal research organisation)
Mr Secretary Clarke
NC12
To move the following Clause:—
'(1) A person guilty of an offence under section (Interference with contractual relations so as to harm animal research organisation) or (Intimidation of persons connected with animal research organisation) is liable—
| (a) | on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both; |
| (b) | on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both. |
(2) No proceedings for an offence under either of those sections may be instituted except by or with the consent of the Director of Public Prosecutions.'.
Animal research organisations
Mr Secretary Clarke
NC13
To move the following Clause:—
'(1) For the purposes of sections (Interference with contractual relations so as to harm animal research organisation) and (Intimidation of persons connected with animal research organisation) "animal research organisation" means any person or organisation falling within subsection (2) or (3).
(2) A person or organisation falls within this subsection if he or it is the owner, lessee or licensee of premises constituting or including—
| (a) | a place specified in a licence granted under section 4 or 5 of the 1986 Act, |
| (b) | a scientific procedure establishment designated under section 6 of that Act, or |
| (c) | a breeding or supplying establishment designated under section 7 of that Act. |
(3) A person or organisation falls within this subsection if he or it employs, or engages under a contract for services, any of the following in his capacity as such—
| (a) | the holder of a personal licence granted under section 4 of the 1986 Act, |
| (b) | the holder of a project licence granted under section 5 of that Act, |
| (c) | a person specified under section 6(5) of that Act, or |
| (d) | a person specified under section 7(5) of that Act. |
(4) The Secretary of State may by order amend this section so as to include a reference to any description of persons whom he considers to be involved in, or to have a direct connection with persons who are involved in, the application of regulated procedures.
(5) In this section—
"the 1986 Act" means the Animals (Scientific Procedures) Act 1986 (c.14);
"organisation" includes any institution, trust, undertaking or association of persons;
"premises" includes any place within the meaning of the 1986 Act;
"regulated procedures" has the meaning given by section 2 of the 1986 Act.'.
Extension of sections (Interference with contractual relations so as to harm animal research organisation) and (Intimidation of persons connected with animal research organisation)
Mr Secretary Clarke
NC14
To move the following Clause:—
'(1) The Secretary of State may by order provide for sections (Interference with contractual relations so as to harm animal research organisation), (Intimidation of persons connected with animal research organisation) and (Penalty for offences under sections (Interference with contractual relations so as to harm animal research organisation) and (Intimidation of persons connected with animal research organisation)) to apply in relation to persons or organisations of a description specified in the order as they apply in relation to animal research organisations.
(2) The Secretary of State may, however, only make an order under this section if satisfied that a series of acts has taken place and—
| (a) | that those acts were directed at persons or organisations of the description specified in the order or at persons having a connection with them, and |
| (b) | that, if those persons or organisations had been animal research organisations, those acts would have constituted offences under section (Interference with contractual relations so as to harm animal research organisation) or (Intimidation of persons connected with animal research organisation). |
(3) In this section "organisation" and "animal research organisation" have the same meanings as in section (Animal research organisations).'.
Economic damage to companies
Mr Jonathan Djanogly
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
NC5
To move the following Clause:—
'(1) A person ("person A") commits an offence under this section if by acting in accordance with subsection (2) he causes financial damage to another person ("person B"), with the purpose of representing to person B, or pursuading person B—
| (i) | that he should not do something that he is legally entitled to do; or |
| (ii) | that he should do something that he is not under any legal obligation to do. |
(2) A person acts in accordance with this subsection if those actions—
| (a) | involve the harassment of or violence against person B or a connected person, or |
| (b) | involve damage to property of person B or a connected person. |
(3) A connected person, for the purposes of subsection (2) above, means—
| (a) | a customer of person B; |
| (b) | a shareholder of person B; |
| (c) | an employee of person B; |
| (d) | a director of person B; |
| (e) | where person B is a partnership, its partners; |
| (f) | a supplier of goods or services to person B; |
| (g) | a supplier of goods or services to persons within paragraph (f) above; |
| (h) | an individual normally residing with any individual falling within paragraphs (a) to (g) above. |
(4) A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence within subsection (1) above.
(5) A person guilty of an offence under this section shall be liable—
| (a) | on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding the statutory maximum, or to both; |
| (b) | on conviction on indictment, to imprisonment for a term not exceeding three years or to a fine, or to both.'. |
Mr Secretary Clarke
99
Page 119, line 1 [Clause 154], at end insert—
| '( ) | any order under section (Intimidation of persons connected with animal research organisation)(6), (Animal research organisations)(4) or (Extension of sections (Interference with contractual relations so as to harm animal research organisation) and (Intimidation of persons connected with animal research organisation);'. |
Mr Secretary Clarke
100
Page 120, line 14 [Clause 157], at end insert—
| '( ) | section (Penalty for offences under sections (Interference with contractual relations so as to harm animal research organisation) and (Intimidation of persons connected with animal research organisation))(1)(a).'. |
Mr Jonathan Djanogly
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
8
Title, line 8, after 'orders;', insert 'to make provision in connection with economic damage to companies;'.
Mr Secretary Clarke
110
Title, line 9, after 'police;', insert 'to make provision for protecting certain organisations from interference with their activities;'.
NEW CLAUSES AND AMENDMENTS RELATING TO STATUS AND POWERS OF STAFF OF THE SERIOUS ORGANISED CRIME AGENCY
Police members of SOCA to have powers of constable etc.
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
NC7
To move the following Clause:—
'(1) A police member of SOCA—
| (a) | shall have the powers of a constable; |
| (b) | subject to subsection (2) below, may have the customs powers of an officer of Revenue and Customs; |
| (c) | subject to subsection (3) below, may have the immigration powers of an immigration officer. |
(2) A police member of SOCA may exercise the customs powers of an officer of Revenue and Customs only if he has previously exercised those powers or has received such training as would otherwise entitle him to exercise those powers.
(3) A police member of SOCA may exercise the immigration powers of an immigration officer only if he has previously exercised those powers or has received such training as would otherwise entitle him to exercise those powers.
(4) In this section "police member" means a police member of SOCA appointed in accordance with paragraph 13A of Schedule 1.'.
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
37
Page 23, line 19, leave out Clauses 41 to 43.
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