Amendments proposed to the Serious Organised Crime and Police Bill, As Amended - continued	House of Commons
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Encryption

   

Sir Paul Beresford
Mr Dominic Grieve
Mr John Randall
Mr Humfrey Malins
Mr Andrew Mitchell
Mr Jonathan Djanogly

NC2

To move the following Clause:—

    '(1)   The Sexual Offences Act 2003 (c. 42) is amended as follows.

    (2)   After section 129B (inserted by section [Police powers in connection with certain sexual offenders subject to notification requirements] of this Act) insert—

"Encryption

    129C   Encryption

    (1)   This section applies to any person who has been convicted of an offence to which Schedule 3 to the Sexual Offences Act 2003 (c. 42) applies.

    (2)   Where a police officer, in pursuance of a warrant granted under section 4 of the Protection of Children Act 1978 (c. 37), discovers protected information, he shall be entitled to apply to a senior officer of the police for a disclosure notice.

    (3)   Where a disclosure notice has been made, the effect of that notice shall be to require an offender to make disclosure of the information in an intelligible form.

    (4)   A person subject to a disclosure notice under subsection (3) above shall be taken to have complied with that notice if he makes, instead, a disclosure of any key to the protected information that is in his possession.

    (5)   Where a person is subject to a disclosure notice under subsection (3) above and—

(a)	that person is not in possession of the information,

(b)	that person is incapable, without the use of a key that is not in his possession, of obtaining access to the information and of disclosing it in an intelligble form, or

(c)	the disclosure notice can be complied with only by the disclosure of a key to the information,

       the effect of the disclosure notice is that he shall be required to make a disclosure of the key to the protected information in his possession.

    (6)   Where a senior police officer is asked to make a disclosure notice under subsection (2) above he shall consider whether the protected information is likely to include indecent images of children, and shall only make a notice where he is satisfied that it is necessary to do so.

    (7)   An offender who is subject to a disclosure notice commits an offence if he fails to comply with the requirements of subsections (3) to (5).

    (8)   A person guilty of an offence under this section is liable—

(a)	on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)	on conviction on indictment, to imprisonment for a term not exceeding 7 years.

    (9)   In this section—

(a)	'a senior police officer' shall mean an officer of at least the rank of superintendent;

(b)	'protected information' has the same meaning as in section 56(1) of the Regulation of Investigatory Powers Act 2000 (c. 23);

(c)	'key' has the same meaning as in the section 56(1) of the Regulation of Investigatory Powers Act 2000 (c. 23);

(d)	'offender' means a person to whom subsection (1) applies.".'.

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Discrimination on grounds of religion or belief in provision of goods, facilities or services

   

Mr David Heath
Dr Evan Harris

NC26

To move the following Clause:—

    '(1)   It is unlawful for a person ("A") concerned with the provision to the public or a section of the public of goods, facilities or services to discriminate on grounds of religion or belief against a person ("B") who seeks to obtain or use those goods, facilities or services—

(a)	by refusing to provide B with goods, facilities or services,

(b)	by refusing to provide B with goods, facilities or services of a quality which is the same as or similar to the quality of goods, facilities or services that A normally provides to—

(i)	the public, or

(ii)	a section of the public to which B belongs,

(c)	by refusing to provide B with goods, facilities or services in a manner which is the same as or similar to that in which A normally provides goods, facilities or services to—

(i)	the public, or

(ii)	a section of the public to which B belongs, or

(d)	by refusing to provide B with goods, facilities or services on terms which are the same as or similar to the terms on which A normally provides goods, facilities or services to—

(i)	the public, or

(ii)	a section of the public to which B belongs.

    (2)   The following are examples of the facilities and services mentioned in subsection (1)—

(a)	access to and use of any place which members of the public are permitted to enter;

(b)	accommodation in a hotel, boarding house or other similar establishment;

(c)	facilities by way of banking or insurance or for grants, loans, credit or finance;

(d)	facilities for education;

(e)	facilities for entertainment, recreation or refreshment;

(f)	facilities for transport or travel;

(g)	the services of any profession or trade, or any local or other public authority.

    (3)   It is unlawful for any person concerned with the provision of goods, facilities or services as mentioned in subsection (1), in relation to such provision, to subject to harassment—

(a)	a person who seeks to obtain or use those goods, facilities or services, or

(b)	a person to whom he provides those goods, facilities or services.

    (4)   For the purposes of subsection (1) it is immaterial whether B is exercising a public or a private function.'.

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Aggravated failure to stop for police

   

Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly

NC27

*To move the following Clause:—

    '(1)   After section 163 of the Road Traffic Act 1988 (c. 52) insert—

    "163A   Aggravated failure to stop for police

       Any person who fails to comply with the requirement in section 163(1) and in so doing drives dangerously within the meaning of section 2 of this Act is guilty of an offence".

    (2)   In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 163 of the Road Traffic Act 1988 insert a new entry—

"RTA section 163A

Aggrevated failure to stop motor vehicle or cycle when required by constable

(a) Summarily (b) On indictment

(a) 6 months or a fine or both and requirement to pass extended driving test (b) 5 years or a fine or both and requirement to pass extended driving test

Obligatory

Obligatory".'.

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John McDonnell

115

Page     2,     line     23     [Clause     2],     after 'fraud', insert 'or prohibitions and restrictions'.

   

John McDonnell

116

Page     2,     line     24     [Clause     2],     after 'fraud', insert 'or prohibitions or restrictions'.

   

John McDonnell

117

Page     2,     line     27     [Clause     2],     after 'fraud', insert 'or prohibitions or restrictions'.

   

John McDonnell

118

Page     2,     line     32     [Clause     2],     at end insert ', and "prohibitions and restrictions" are those enforced by the Commissioners'.

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Mr Secretary Clarke

63

Page     4,     line     33     [Clause     6],     at end insert 'and

(d)	the financial resources that are expected to be available to SOCA for that year.'.

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Mr Secretary Clarke

64

Page     5,     line     31     [Clause     7],     leave out subsection (5).

   

Mr Secretary Clarke

65

Page     5,     line     34     [Clause     7],     at end insert—

    '(7)   The Secretary of State must lay a copy of the annual report before Parliament.

    (8)   The Scottish Ministers must lay a copy of the annual report before the Scottish Parliament.'.

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John McDonnell

119

Page     6,     line     4     [Clause     9],     after 'SOCA', insert ', including staff representatives'.

   

John McDonnell

126

Page     6,     line     12     [Clause     10],     at end insert 'subject to sufficient staff resources and training arrangements'.

   

John McDonnell

120

Page     6,     line     26     [Clause     11],     after 'SOCA', insert ', including staff representatives'.

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John McDonnell

121

Page     8,     line     2     [Clause     13],     after 'take', insert 'after due consultation with staff representatives'.

   

John McDonnell

122

Page     8,     line     45     [Clause     14],     after 'it', insert 'after due internal consultation with staff representatives'.

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John McDonnell

123

Page     9,     line     15     [Clause     15],     at end insert 'after due internal consultation with staff representatives'.

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John McDonnell

127

Page     13,     line     14     [Clause     24],     at end insert 'subject to provision of appropriate training and adherence to health and safety considerations for SOCA staff'.

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Mr Secretary Clarke

66

Page     21,     line     41     [Clause     37],     at end insert—

    '(3)   The chief officer of a special police force must keep SOCA informed of any information relating to crime that he has become aware of in his capacity as chief officer and appears to him to be likely to be relevant to the exercise by SOCA of any of its functions.'.

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Mr Secretary Clarke

69

Page     24,     line     38     [Clause     44],     after 'or', insert 'the' .

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Prepared 7 Feb 2005