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Mr Secretary Clarke
Mr David Heath
Dr Evan Harris
Mr John McDonnell
Agreed to 1
| | Page 92, line 15, leave out Clause 128. |
Mr David Heath
Dr Evan Harris
Not called 2
| | Page 92, line 27 [Clause 128], at end insert 'or'. |
Mr David Heath
Dr Evan Harris
Not called 3
| | Page 92, line 28 [Clause 128], leave out from 'Parliament' to end of line 30. |
Mr Eric Forth
Not called 134
| | Page 92, line 30 [Clause 128], at end insert— |
| '(d) | erecting or displaying material prejudicial to security, or |
| (e) | causing noise of an offensive or intrusive nature'. |
Mr David Heath
Dr Evan Harris
Not called 4
| | Page 93, line 4 [Clause 128], after 'officers', insert ', being of or above the rank of inspector,'. |
Mr David Heath
Dr Evan Harris
Not called 5
| | Page 93, line 23 [Clause 128], leave out 'one kilometre' and insert '100 metres'. |
Mr Eric Forth
Not called 135
| | Page 93, line 23 [Clause 128], leave out 'one kilometre' and insert '200 yards'. |
Mr Secretary Clarke
Mr David Heath
Dr Evan Harris
Mr John McDonnell
Agreed to 6
| | Page 93, line 33, leave out Clause 129. |
Mr Secretary Clarke
Agreed to 168
| | Page 120, line 30 [Clause 157], leave out from beginning to end of line 31 and insert— |
| 'Section (Offences under sections (Demonstrating without authorisation in designated area) to (Supplementary Directions): penalties)(1) | 3 months |
| Section (Offences under sections (Demonstrating without authorisation in designated area) to (Supplementary Directions): penalties)(3)(a) | 3 months'. |
REMAINING PROCEEDINGS ON CONSIDERATION
Mr Secretary Clarke
Added on division NC8
| | To move the following Clause:— |
| '(1) | A court sentencing or otherwise dealing with a person convicted of an offence mentioned in subsection (3) may also make a financial reporting order in respect of him. |
| (2) | But the court may do so only if it is satisfied that the risk of the person's committing another offence mentioned in subsection (3) is sufficiently high to justify the making of a financial reporting order. |
| (a) | an offence under any of the following provisions of the Theft Act (Northern Ireland) 1969 (c.16 (N.I.))— |
| | section 15 (obtaining property by deception), |
| | section 15A (obtaining a money transfer by deception), |
| | section 16 (obtaining a pecuniary advantage by deception), |
| | section 19(2) (procuring execution of valuable security, etc.), |
| (b) | an offence under either of the following provisions of the Theft (Northern Ireland) Order 1978 (S.I. 1978/1407 (N.I. 23)— |
| | Article 3 (obtaining services by deception) |
| | Article 4 (evasion of liability by deception), |
| (c) | any offence specified in Schedule 5 to the Proceeds of Crime Act 2002 (c.29) ("lifestyle offences": Northern Ireland). |
| (4) | A financial reporting order— |
| (a) | comes into force when it is made, and |
| (b) | has effect for the period specified in the order, beginning with the date on which it is made. |
| (5) | If the order is made by a magistrates' court, or by the county court on appeal, the period referred to in subsection (4)(b) must not exceed 5 years. |
| (6) | Otherwise, that period must not exceed— |
| (a) | if the person is sentenced to imprisonment for life, 20 years, |
| (b) | otherwise, 15 years.'. |
Mr Secretary Clarke
Added on division NC9
| | To move the following Clause:— |
'The amendments made by Schedule 35 to the Criminal Justice Act 2003 to Part 5 of the Police Act 1997 extend to Northern Ireland as well as to England and Wales, and accordingly in section 337(5) of that Act of 2003 (extent)—
| (a) | after "section 315" insert— |
| (b) | after "Schedule 5" insert— |
Mr Secretary Clarke
Added on division NC15
| | To move the following Clause:— |
'Schedule 6, which contains minor and consequential amendments relating to provisions of this Chapter, has effect.'.
Mr Secretary Clarke
Added on division NC16
| | To move the following Clause:— |
'After section 1H of the Crime and Disorder Act 1998 (as amended by the Drugs Act 2005) insert—
"1I Special measures for witnesses
| (1) | This section applies to the following proceedings— |
| (a) | any proceedings in a magistrates' court on an application for an anti-social behaviour order, |
| (b) | any proceedings in a magistrates' court or the Crown Court so far as relating to the issue whether to make an order under section 1C, and |
| (c) | any proceedings in a magistrates' court so far as relating to the issue whether to make an order under section 1D. |
| (2) | Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) shall apply in relation to any such proceedings as it applies in relation to criminal proceedings, but with— |
| (a) | the omission of the provisions of that Act mentioned in subsection (3) (which make provision appropriate only in the context of criminal proceedings), and |
| (b) | any other necessary modifications. |
| (b) | section 21(1)(b) and (5) to (7), |
| (c) | section 22(1)(b) and (2)(b) and (c), |
| (4) | Any rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act shall apply in relation to proceedings to which this section applies— |
| (a) | to such extent as may be provided by rules of court, and |
| (b) | subject to such modifications as may be so provided. |
| (5) | Section 47 of that Act (restrictions on reporting special measures directions etc.) applies, with any necessary modifications, in relation to— |
| (a) | a direction under section 19 of the Act as applied by this section, or |
| (b) | a direction discharging or varying such a direction, |
and sections 49 and 51 of that Act (offences) apply accordingly.".'.
Mr Secretary Clarke
Added on division NC17
| | To move the following Clause:— |
After section 165 of the Road Traffic Act 1988 (c.52) insert—
"165A Power to seize vehicles driven without licence or insurance
| (1) | Subsection (5) applies if any of the following conditions is satisfied. |
| (2) | The first condition is that— |
| (a) | a constable in uniform requires, under section 164, a person to produce his licence and its counterpart for examination, |
| (b) | the person fails to produce them, and |
| (c) | the constable has reasonable grounds for believing that a motor vehicle is or was being driven by the person in contravention of section 87(1). |
| (3) | The second condition is that— |
| (a) | a constable in uniform requires, under section 165, a person to produce evidence that a motor vehicle is not or was not being driven in contravention of section 143, |
| (b) | the person fails to produce such evidence, and |
| (c) | the constable has reasonable grounds for believing that the vehicle is or was being so driven. |
| (4) | The third condition is that— |
| (a) | a constable in uniform requires, under section 163, a person driving a motor vehicle to stop the vehicle, |
| (b) | the person fails to stop the vehicle, or to stop the vehicle long enough, for the constable to make such lawful enquiries as he considers appropriate, and |
| (c) | the constable has reasonable grounds for believing that the vehicle is or was being driven in contravention of section 87(1) or 143. |
| (5) | Where this subsection applies, the constable may— |
| (a) | seize the vehicle in accordance with subsections (6) and (7) and remove it; |
| (b) | enter, for the purpose of exercising a power falling within paragraph (a), any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be; |
| (c) | use reasonable force, if necessary, in the exercise of any power conferred by paragraph (a) or (b). |
| (6) | Before seizing the motor vehicle, the constable must warn the person by whom it appears that the vehicle is or was being driven in contravention of section 87(1) or 143 that he will seize it— |
| (a) | in a section 87(1) case, if the person does not produce his licence and its counterpart immediately; |
| (b) | in a section 143 case, if the person does not provide him immediately with evidence that the vehicle is not or was not being driven in contravention of that section. |
But the constable is not required to give such a warning if the circumstances make it impracticable for him to do so.
| (7) | If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, he may seize it at any time within the period of 24 hours beginning with the time at which the condition in question is first satisfied. |
| (8) | The powers conferred on a constable by this section are exercisable only at a time when regulations under section 165B are in force. |
| (a) | a reference to a motor vehicle does not include an invalid carriage; |
| (b) | a reference to evidence that a motor vehicle is not or was not being driven in contravention of section 143 is a reference to a document or other evidence within section 165(2)(a); |
| (c) | "counterpart" and "licence" have the same meanings as in section 164; |
| (d) | "private dwelling house" does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house. |
165B Retention etc. of vehicles seized under section 165A
| (1) | The Secretary of State may by regulations make provision as to— |
| (a) | the removal and retention of motor vehicles seized under section 165A; and |
| (b) | the release or disposal of such motor vehicles. |
| (2) | Regulations under subsection (1) may, in particular, make provision— |
| (a) | for the giving of notice of the seizure of a motor vehicle under section 165A to a person who is the registered keeper, the owner or the driver of that vehicle; |
| (b) | for the procedure by which a person who claims to be the registered keeper or the owner of a motor vehicle seized under section 165A may seek to have it released; |
| (c) | for requiring the payment, by the registered keeper, owner or driver of the vehicle, of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release; |
| (d) | as to the circumstances in which a motor vehicle seized under section 165A may be disposed of; |
| (e) | as to the destination— |
| (i) | of any fees or charges payable in accordance with the regulations; |
| (ii) | of the proceeds (if any) arising from the disposal of a motor vehicle seized under section 165A; |
| (f) | for the delivery to a local authority, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under section 165A. |
| (3) | Regulations under subsection (1) must provide that a person who would otherwise be liable to pay any fee or charge under the regulations is not liable to pay it if— |
| (a) | he was not driving the motor vehicle at the time in question, and |
| (b) | he did not know that the vehicle was being driven at that time, had not consented to its being driven and could not, by the taking of reasonable steps, have prevented it from being driven. |
| (4) | Regulations under subsection (1) may make different provision for different cases. |
| (a) | in relation to England, means— |
| (ii) | the council of a district comprised in an area for which there is no county council, |
| (iii) | a London borough council, |
| (iv) | the Common Council of the City of London, or |
| (v) | Transport for London; |
| (b) | in relation to Wales, means the council of a county or county borough; and |
| (c) | in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; |
| | "registered keeper", in relation to a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994."'. |
Sir Paul Beresford
Mr Dominic Grieve
Mr John Randall
Mr Humfrey Malins
Mr Andrew Mitchell
Mr Jonathan Djanogly
Not called NC1
| | To move the following Clause:— |
| '(1) | The Sexual Offences Act 2003 (c. 42) is amended as follows. |
| (2) | After section 129 insert— |
"Police powers of entry, search, etc.
| 129A | Police powers of entry, search, etc |
| (1) | A police officer may enter premises to which this section applies for the purposes of— |
| (a) | ascertaining whether the relevant person is residing at or staying on those premises, |
| (b) | searching the premises for information that will assist the responsible authority in the exercise of its functions under section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc. risks posed by certain offenders). |
| (2) | This section applies to premises within England and Wales the address of which has been notified to the police in accordance with the notification requirements of this Part and which is either— |
| (a) | the home address of the relevant person, or |
| (b) | the address of any other premises in the United Kingdom at which, at the time the notification is given, the relevant person regularly resides or stays. |
| (3) | In this section and section 129B, 'the relevant person' means a person— |
| (a) | who is for the time being subject to the notification requirements of this Part; |
| (b) | who is convicted of an offence to which subsection (4) applies; and |
| (c) | who has notified the police of the address of the premises in relation to which the powers under subsection (1) are to be exercised; |
| | but to whom subsection (5) does not apply. |
| (4) | This subsection applies to— |
| (a) | an offence listed in paragraphs 1, 4 to 9, 16 to 18, 25 to 28, 30, 31, 33, 34, 36 to 43, 47 to 50, 53, 54, 56 to 68, 70 to 76, 80, 81, 83 to 91 and 93 of Schedule 3 committed in relation to a person under the age of 16, and |
| (b) | an offence listed in paragraphs 2, 3, 10 to 15, 19 to 24, 29, 44 to 46, 51, 52, 55, 69, 77 to 79 and 82 of that Schedule, |
| | and paragraphs 94 to 98 of that Schedule apply for the construction of this subsection as they apply for the construction of that Schedule. |
| (5) | This subsection applies to a person who is— |
| (a) | remanded in or committed to custody by an order of the court, |
| (b) | serving a sentence of imprisonment or a term of service detention, |
| (c) | detained in a hospital, or |
| (d) | outside the United Kingdom. |
| (6) | The Secretary of State may by order amend subsection (4) in consequence of an amendment to Schedule 3 in exercise of powers under section 130. |
| (7) | In this section, 'responsible authority' has the same meaning as in section 325(1) of the Criminal Justice Act 2003 (meaning of 'relevant sexual or violent offender' and 'responsible authority'). |
| 129B | Offences relating to powers of entry, search, etc. |
| (1) | A relevant person commits an offence if, without reasonable excuse, he obstructs a police officer— |
| (a) | entering, or seeking to enter, premises in the exercise of powers under section 129A(1); |
| (b) | seeking to ascertain whether the relevant person is residing at or staying on the premises that the police officer has lawfully entered; or |
| (c) | searching, or seeking to search, the premises that the police officer has lawfully entered for information in the exercise of powers under section 129A(1). |
| (2) | 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 5 years." |
| (3) | In section 138(2) (orders subject to affirmative resolution procedure), after "86", insert "129A(6)". |
| (4) | In section 142(2)(c) (provisions that do not extend to Northern Ireland), after the words "Part 2", insert the words "except sections 129A and 129B". |
| (5) | In section 142(3)(a) (provisions of Part 2 that do not extend to Scotland), after "93", insert the words "129A and 129B".'. |
Sir Paul Beresford
Mr Dominic Grieve
Mr John Randall
Mr Humfrey Malins
Mr Andrew Mitchell
Mr Jonathan Djanogly
Not called 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— |
| (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. |
| (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.".'. |
Discrimination on grounds of religion or belief in provision of goods, facilities or services
Mr David Heath
Dr Evan Harris
Not selected 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— |
| (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— |
| (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— |
| (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.'. |
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Not selected 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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