|
back to previous section
Mr Secretary Clarke
Agreed to 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
Agreed to 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
Not called 8
| | Title, line 8, after 'orders;', insert 'to make provision in connection with economic damage to companies;'. |
Mr Secretary Clarke
Agreed to 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
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Negatived on division 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
Not called 37
| | Page 23, line 19, leave out Clauses 41 to 43. |
Mr Secretary Clarke
Agreed to 67
| | Page 23, line 37 [Clause 41], at end insert— |
| '(4A) | But a person may not be designated as a person having the powers mentioned in any of paragraphs (a) to (c) of subsection (1) unless the Director General is satisfied that that person— |
| (a) | is capable of effectively exercising the powers that would be exercisable by virtue of the designation, |
| (b) | has received adequate training in respect of the exercise of those powers, and |
| (c) | is otherwise a suitable person to exercise those powers.'. |
Mr David Heath
Dr Evan Harris
Not called 111
| | Page 24, line 1 [Clause 41], leave out 'to be treated as suspended' and insert 'maintained'. |
Mr David Heath
Dr Evan Harris
Not called 112
| | Page 24, line 2 [Clause 41], leave out 'revives if (and only if)' and insert 'if'. |
Mr Secretary Clarke
Agreed to 68
| | Page 24, line 9 [Clause 42], leave out 'the power to make designations' and insert 'his functions'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 15
| | Page 24, line 26 [Clause 44], leave out from 'a' to end of line 27 and insert 'police member of SOCA'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 16
| | Page 24, line 28 [Clause 44], leave out 'The designated person' and insert 'A police member'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 17
| | Page 24, line 29 [Clause 44], leave out 'the designated person' and insert 'a police member'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 18
| | Page 24, line 36 [Clause 44], leave out 'the designated person' and insert 'a police member'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 19
| | Page 24, line 39 [Clause 44], leave out 'the designated person' and insert 'a police member'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 20
| | Page 24, line 40 [Clause 44], leave out 'The designated person' and insert 'A police member'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 21
| | Page 25, line 3 [Clause 44], leave out 'the designated person' and insert 'a police member'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 22
| | Page 25, line 5 [Clause 44], leave out subsection (8). |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 23
| | Page 25, line 11 [Clause 45], leave out 'persons designated' and insert 'police members'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 24
| | Page 27, line 26 [Clause 49], leave out 'designated person' and insert 'police member'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 25
| | Page 27, line 27 [Clause 49], leave out 'designated person' and insert 'police member'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 26
| | Page 27, line 30 [Clause 49], leave out 'designated person' and insert 'police member'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 27
| | Page 27, line 31 [Clause 49], leave out 'designated person' and insert 'police member'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 28
| | Page 27, line 34 [Clause 49], leave out 'designated person' and insert 'police member'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 29
| | Page 27, line 36 [Clause 49], leave out 'designated person' and insert 'police member'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 30
| | Page 27, line 38 [Clause 49], leave out 'designated person' and insert 'police member'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 31
| | Page 28, line 7 [Clause 49], leave out 'designated person' and insert 'police member'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 32
| | Page 28, line 8 [Clause 49], leave out 'virtue of the designation' and insert 'reason of holding the powers'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 33
| | Page 28, line 22 [Clause 50], leave out 'designated persons' and insert 'police members'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 34
| | Page 28, line 33 [Clause 50], leave out 'designated persons' and insert 'police members'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 35
| | Page 29 [Clause 52], leave out lines 21 and 22. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 36
| | Page 29, line 25 [Clause 52], leave out subsection (2). |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 13
| | Page 126, line 28 [Schedule 1], after '9)', insert— |
| '(aa) | such persons appointed by SOCA under this paragraph as police members of SOCA,'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 14
| | Page 126, line 36 [Schedule 1], after first 'SOCA', insert 'or police members of SOCA'. |
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison
Not called 38
| | Page 128, line 33 [Schedule 1], at end insert— |
| 13A | A person may be appointed as a police member of SOCA if he is attested or sworn as a constable and— |
| (i) | he is a member of 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. |
| 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-paragraph (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) | volunary 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 of 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 sections 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 gratutities 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.'. |
NEW CLAUSES AND AMENDMENTS RELATING TO BEHAVIOUR IN VICINITY OF PARLIAMENT SQUARE
Mr Secretary Clarke
Added NC18
| | To move the following Clause:— |
| (a) | organises a demonstration in a public place in the designated area, or |
| (b) | takes part in a demonstration in a public place in the designated area, or |
| (c) | carries on a demonstration by himself in a public place in the designated area, |
is guilty of an offence if, when the demonstration starts, authorisation for the demonstration has not been given under section (Authorisation of demonstrations in designated area)(2).
| (2) | It is a defence for a person accused of an offence under subsection (1) to show that he reasonably believed that authorisation had been given. |
| (3) | Subsection (1) does not apply if the demonstration is— |
| (a) | a public procession of which notice is required to be given under subsection (1) of section 11 of the Public Order Act 1986 (c.64), or of which (by virtue of subsection (2) of that section) notice is not required to be given, or |
| (b) | a public procession for the purposes of section 12 or 13 of that Act. |
| (4) | Subsection (1) also does not apply in relation to any conduct which is lawful under section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c.52). |
| (5) | If subsection (1) does not apply by virtue of subsection (3) or (4), nothing in sections (Notice of demonstrations in designated area) to (Offences under sections (Demonstrating without authorisation in designated area) to (Supplementary directions): penalties) applies either. |
| (6) | Section 14 of the Public Order Act 1986 (c.64) (imposition of conditions on public assemblies) does not apply in relation to a public assembly which is also a demonstration for the purposes of this section. |
| (7) | In this section and in sections (Notice of demonstrations in designated area) to (Loudpeakers in designated area)— |
| (a) | "the designated area" means the area specified in an order under section (The designated area), |
| (b) | "public place" means any highway or any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, |
| (c) | references to any person organising a demonstration include a person participating in its organisation, |
| (d) | references to any person organising a demonstration do not include a person carrying on a demonstration by himself, |
| (e) | references to any person or persons taking part in a demonstration (except in subsection (1) of this section) include a person carrying on a demonstration by himself.'. |
Mr Secretary Clarke
Added on division NC19
| | To move the following Clause:— |
| '(1) | A person seeking authorisation for a demonstration in the designated area must give written notice to that effect to the Commissioner of Police of the Metropolis (referred to in this section and section (Authorisation of demonstrations in designated area) as "the Commissioner") not less than 6 clear days before the day on which the demonstration is to start. |
| (2) | The notice must be given— |
| (a) | if the demonstration is to be carried on by more than one person, by any of the persons organising it, |
| (b) | if it is to be carried on by a person by himself, by that person. |
| (3) | The notice must state— |
| (a) | the date and time when the demonstration is to start, |
| (b) | the place where it is to be carried on, |
| (c) | how long it is to last, |
| (d) | whether it is to be carried on by a person by himself or not, |
| (e) | the name and address of the person giving the notice. |
| (4) | A notice under this section must be given by— |
| (a) | delivering it to a police station in the metropolitan police district, or |
| (b) | sending it by post by recorded delivery to such a police station. |
| (5) | Section 7 of the Interpretation Act 1978 (c.30) (under which service of a document is deemed to have been effected at the time it would be delivered in the ordinary course of post) does not apply to a notice under this section.'. |
Mr Secretary Clarke
Added on division NC20
| | To move the following Clause:— |
| '(1) | This section applies if a notice complying with the requirements of section (Notice of demonstrations in designated area) is received at a police station in the metropolitan police district at least 6 clear days before the day on which the demonstration to which it relates is to start. |
| (2) | The Commissioner must give authorisation for the demonstration. |
| (3) | In giving authorisation, the Commissioner may impose on the persons organising or taking part in the demonstration such conditions specified in the authorisation and relating to the demonstration as in the Commissioner's reasonable opinion are necessary for the purpose of preventing any of the following— |
| (a) | hindrance to any person wishing to enter or leave the Palace of Westminster, |
| (b) | hindrance to the proper operation of Parliament, |
| (c) | serious public disorder, |
| (d) | serious damage to property, |
| (e) | disruption to the life of the community, |
| (f) | a security risk in any part of the designated area, |
| (g) | risk to the safety of members of the public (including any taking part in the demonstration). |
| (4) | The conditions may, in particular, impose requirements as to— |
| (a) | the place where the demonstration may, or may not, be carried on, |
| (b) | the times at which it may be carried on, |
| (c) | the period during which it may be carried on, |
| (d) | the number of persons who may take part in it, |
| (e) | the number and size of banners or placards used, |
| (f) | maximum permissible noise levels. |
| (5) | The authorisation must specify the particulars of the demonstration given in the notice under section (Notice of demonstrations in designated area) pursuant to subsection (3) of that section, with any modifications made necessary by any condition imposed under subsection (3) of this section. |
| (6) | The Commissioner must give notice in writing of— |
| (b) | any conditions imposed under subsection (3), and |
| (c) | the particulars mentioned in subsection (5), |
to the person who gave the notice under section (Notice of demonstrations in designated area).
| (7) | Each person who takes part in or organises a demonstration in the designated area is guilty of an offence if — |
| (a) | he knowingly fails to comply with a condition imposed under subsection (3) which is applicable to him (except where it is varied under section (Supplementary directions), or |
| (b) | he knows or should have known that the demonstration is carried on otherwise than in accordance with the particulars set out in the authorisation by virtue of subsection (5). |
| (8) | It is a defence for a person accused of an offence under subsection (7) to show— |
| (a) | (in a paragraph (a) case) that the divergence from the particulars, or |
| (b) | (in a paragraph (b) case) that the failure to comply, |
arose from circumstances beyond his control, or from something done with the agreement, or by the direction, of a police officer.
| (9) | The notice required by subsection (6) may be sent by post to the person who gave the notice under section (Notice of demonstrations in designated area) at the address stated in that notice pursuant to subsection (3)(e) of that section.'. |
Mr Secretary Clarke
Added on division NC21
| | To move the following Clause:— |
| '(1) | This section applies if the senior police officer reasonably believes that it is necessary, in order to prevent any of the things mentioned in paragraphs (a) to (g) of subsection (3) of section (Authorisation of demonstrations in designated area)— |
| (a) | to impose additional conditions on those taking part in or organising a demonstration authorised under that section, or |
| (b) | to vary any condition imposed under that subsection or under paragraph (a) (including such a condition as varied under subsection (2)). |
| (2) | The senior police office may give directions to those taking part in or organising the demonstration imposing such additional conditions or varying any such condition already imposed. |
| (3) | A person taking part in or organising the demonstration who knowingly fails to comply with a condition which is applicable to him and which is imposed or varied by a direction under this section is guilty of an offence. |
| (4) | It is a defence for him to show that the failure to comply arose from circumstances beyond his control. |
| (5) | In this section, "the senior police officer" means the most senior in rank of the police officers present at the scene (or any one of them if there are more than one of the same rank).'. |
Offences under sections (Demonstrating without authorisation in designated area) to (Supplementary directions): penalties
Mr Secretary Clarke
Added on division NC22
| | To move the following Clause:— |
| '(1) | A person guilty of an offence under section (Demonstrating without authorisation in designated area)(1)(a) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale, or to both. |
| (2) | A person guilty of an offence under section (Demonstrating without authorisation in designated area)(1)(b) or (c) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. |
| (3) | A person guilty of an offence under section (Authorisation of demonstrations in designated area)(7) or (Supplementary directions)(3) is liable on summary conviction— |
| (a) | if the offence was in relation to his capacity as organiser of the demonstration, to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale, or to both, |
| (b) | otherwise, to a fine not exceeding level 3 on the standard scale. |
| (4) | A person who is guilty of the offence of inciting another to— |
| (a) | do anything which would constitute an offence mentioned in subsection (1), (2) or (3), or |
| (b) | fail to do anything where the failure would constitute such an offence, |
is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale, or to both, notwithstanding section 45(3) of the Magistrates' Courts Act 1980 (c.43).
| (5) | A constable in uniform may arrest without warrant anyone he reasonably believes is committing an offence mentioned in subsection (1) to (4). |
This subsection ceases to have effect on the coming into force of section 104.'.
Mr Secretary Clarke
Added on division NC23
| | To move the following Clause:— |
| '(1) | Subject to subsection (2), a loudspeaker shall not be operated, at any time or for any purpose, in a street in the designated area. |
| (2) | Subsection (1) does not apply to the operation of a loudspeaker— |
| (a) | in case of emergency, |
| (b) | for police, fire and rescue authority or ambulance purposes, |
| (c) | by the Environment Agency, a water undertaker or a sewerage undertaker in the exercise of any of its functions, |
| (d) | by a local authority within its area, |
| (e) | for communicating with persons on a vessel for the purpose of directing the movement of that or any other vessel, |
| (f) | if the loudspeaker forms part of a public telephone system, |
| (g) | if the loudspeaker is in or fixed to a vehicle and subsection (3) applies, |
| (h) | otherwise than on a highway, by persons employed in connection with a transport undertaking used by the public, but only if the loudspeaker is operated solely for making announcements to passengers or prospective passengers or to other persons so employed, |
| (i) | in accordance with a consent granted by a local authority under Schedule 2 to the Noise and Statutory Nuisance Act 1993 (c.40). |
| (3) | This subsection applies if the loudspeaker referred to in subsection (2)(g)— |
| (a) | is operated solely for the entertainment of or for communicating with the driver or a passenger of the vehicle (or, if the loudspeaker is or forms part of the horn or similar warning instrument of the vehicle, solely for giving warning to other traffic), and |
| (b) | is so operated as not to give reasonable cause for annoyance to persons in the vicinity. |
| (4) | A person who operates or permits the operation of a loudspeaker in contravention of subsection (1) is guilty of an offence and is liable on summary conviction to— |
| (a) | a fine not exceeding level 5 on the standard scale, together with |
| (b) | a further fine not exceeding £50 for each day on which the offence continues after the conviction. |
| | "local authority" means a London borough council (and in subsection (2)(d) the Greater London Authority), |
| | "street" means a street within the meaning of section 48(1) of the New Roads and Street Works Act 1991 (c.22) which is for the time being open to the public, |
| | "the designated area" means the area specified in an order under section (The designated area), |
| | "vessel" includes a hovercraft within the meaning of the Hovercraft Act 1968 (c.59). |
| (6) | In Schedule 2 to the Noise and Statutory Nuisance Act 1993 (c.40) (consent to the operation of loudspeakers in streets or roads), in paragraph 1(1), at the end add "or of section (Loudspeakers in designated area)(1) of the Serious Organised Crime and Police Act 2005".'. |
Mr Secretary Clarke
Added on division NC24
| | To move the following Clause:— |
| '(1) | The Secretary of State may by order specify an area as the designated area for the purposes of sections (Demonstrating without authorisation in designated area) to (Loudspeakers in designated area). |
| (2) | The area may be specified by description, by reference to a map or in any other way. |
| (3) | No point in the area so specified may be more than one kilometre in a straight line from the point nearest to it in Parliament Square.'. |
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