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Lynne Featherstone
Martin Horwood
56
Clause 9, page 5, line 18, at end insert—
'(2A) In section 32 (police powers to gather information relating to flights and voyages to or from the United Kingdom) after subsection (1) insert—
"(1A) A circuit judge may on the application of a constable of the rank of superintendent or above issue a warrant in relation to specified passenger or service information under this section if he is satisfied that there are reasonable grounds for suspecting that the nature of the information is such that there are likely to be circumstances in which it can be required under subsection (2)."'.
Lynne Featherstone
Martin Horwood
57
Clause 9, page 5, line 18, at end insert—
'(2B) In section 32(2) (police powers to gather information relating to flights and voyages to or from the United Kingdom) leave out the words "imposed by a constable of the rank of superintendent or above" and insert "of a warrant"'.
Lynne Featherstone
Martin Horwood
58
Clause 9, page 5, line 18, at end insert—
'(2C) In section 32(4) (police powers to gather information relating to flights and voyages to or from the United Kingdom) leave out the words "A constable may impose a requirement under subsection (2) and a warrant may be issued under subsection (3) only if both are satisfied that it is necessary" and insert "A constable may impose a requirement".'.
Lynne Featherstone
Martin Horwood
59
Clause 9, page 5, line 24, at end insert—
'(3A) In section 32(5) (interpretation of section) after "In this section—" there is inserted—
"'circuit judge' has the meaning given in the Courts and Legal Services Act 1990 (c. 41) Section 72."'.
NEW CLAUSE RELATING TO PART 2
Establishment of the Inspectorate of Data
Lynne Featherstone
Martin Horwood
NC3
To move the following Clause:—
'(1) There shall be a body to be known as the Inspectorate of Data ("the Inspectorate").
(2) The role of the Inspectorate shall be—
| (a) | to request information granted under section 32(2) of the Immigration, Asylum and Nationality Act 2006, |
| (b) | to request information granted under common law or section 115 of the Crime and Disorder Act 1998 for the purposes of Automatic Number plate recognition, |
| (c) | to make any request under paragraph (a) above no more frequently than every three calendar months, and |
| (d) | to use such information provided under paragraph (a) to produce a report that shall be laid before both Houses of Parliament once every six calendar months. |
(3) The Inspectorate shall consist of—
| (a) | a Chairman appointed by the Lord Chancellor after consultation with the Information Commissioner, and |
| (b) | a number of deputy chairmen of an odd number no less than 3 appointed as the chairman may determine. |
(4) The Chairman shall—
| (a) | have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990, and |
| (b) | be a person who has an interest in data analysis and information protection. |
(5) The deputy chairmen shall include—
| (a) | persons who shall represent the interests of data controllers, and |
| (b) | persons who shall represent the interests of data subjects.'. |
Hazel Blears
85
*Page 11, line 27, leave out Clause 15.
Lynne Featherstone
Martin Horwood
50
Clause 16, page 14, line 23, leave out ', or is likely to engage,'.
Lynne Featherstone
Martin Horwood
51
Clause 16, page 14, line 26, at end insert—
| '(c) | the local authority has undertaken an assessment of need under Section 17 of the Children Act 1989 (c. 41)'. |
Lynne Featherstone
Martin Horwood
52
Clause 17, page 16, line 28, at end insert—
| '(c) | the local authority has undertaken an assessment of need under Section 17 of the Children Act 1989 (c. 41)'. |
NEW CLAUSE RELATING TO PART 3
Children subject to ASBO proceedings: reporting restrictions
Lynne Featherstone
Martin Horwood
NC1
To move the following Clause:—
'Sections 1(10D), 1(10E) and 1C(9C) of the Crime and Disorder Act 1998 (c. 37) are repealed.'.
NEW CLAUSES RELATING TO PART 4
Establishment of joint secretariat and planning unit for criminal justice system inspectorates
Lynne Featherstone
Martin Horwood
NC4
To move the following Clause:—
'(1) There shall be a body to be known as the Joint Secretariat and Planning Unit for Criminal Justice System Inspectorates (in this Part to be known as "the Joint Secretariat").
(2) The Joint Secretariat will co-ordinate—
| (a) | Her Majesty's Inspectorate of Constabulary, |
| (b) | Her Majesty's Crown Prosecution Service Inspectorate, |
| (c) | Her Majesty's Inspectorate of Court Administration, |
| (d) | Her Majesty's Inspectorate of Prisons, |
| (e) | Her Majesty's Inspectorate of Probation, and |
| (f) | The immigration enforcement system.'. |
Appointment of chief executive
Lynne Featherstone
Martin Horwood
NC5
To move the following Clause:—
'The chief executive of the Joint Secretariat shall be appointed by a panel comprising the chief inspectors from: Her Majesty's Inspectorate of Constabulary; Her Majesty's Crown Prosecution Service Inspectorate; Her Majesty's Inspectorate of Court Administration; Her Majesty's Inspectorate of Prisons; Her Majesty's Inspectorate of Probation ("the Criminal Justice Chief Inspectors").'.
General duty of the secretariat and planning unit
Lynne Featherstone
Martin Horwood
NC6
To move the following Clause:—
'The Joint Secretariat shall work with the Criminal Justice Chief Inspectors to provide—
| (a) | the promotion and support for area inspections and joint thematic inspections, |
| (b) | links to inspectorates of other services, such as Her Majesty's Chief Inspector of Schools in England; the Adult Learning Inspectorate, the Commission for Healthcare Audit and Inspection, the Commission for Social Care Inspection and the Audit Commission, |
| (c) | administrative support for the Criminal Justice Chief Inspectors, and |
| (d) | capacity for joint planning of reports between the Criminal Justice Chief Inspectors.'. |
Regulations for establishment of Joint Secretariat and Planning Unit
Lynne Featherstone
Martin Horwood
NC7
To move the following Clause:—
'(1) The Secretary of State may by regulation make provision for the establishment of the Joint Secretariat and in particular for—
| (c) | sums for the provision of pensions, |
(2) Regulations under this section shall not be made unless a draft of the regulation has been laid before, and approved by a resolution of, each House of Parliament.'.
Hazel Blears
86
*Clause 23, page 25, line 15, leave out 'holding centre' and insert 'holding facility'.
Hazel Blears
87
*Clause 24, page 25, line 22, leave out 'additional functions' and insert 'functions, other than inspection functions,'.
Hazel Blears
88
*Schedule 8, page 87, line 32, at end insert—
| '( ) | Sub-paragraph (4) does not apply in relation to employment as a member of staff of the Chief Inspector of a person falling within section 11(1)(bza) of the Police Pensions Act 1976 (c. 35) (members of staff of the Chief Inspector who are eligible for police pensions).'. |
Hazel Blears
89
*Schedule 9, page 93, line 24, leave out paragraph 5 and insert—
| '5 | | At the time appointed for the purpose by a property transfer scheme— |
(a) property, rights and liabilities for whose transfer the scheme provides,
(b) rights for whose creation the scheme provides, and
(c) liabilities for whose imposition the scheme provides,
are, by virtue of this paragraph, transferred or (as the case may be) created or imposed in accordance with the scheme.'.
Lynne Featherstone
Martin Horwood
60
Clause 35, page 30, line 18, leave out 'or' and insert 'and'.
Lynne Featherstone
Martin Horwood
53
Schedule 12, page 117, line 42, after 'Convention', insert ', or whose claim for asylum under the Refugee Convention is pending'.
Lynne Featherstone
Martin Horwood
55
Schedule 12, page 117, line 45, leave out 'of Article 2 or 3'.
Lynne Featherstone
Martin Horwood
54
Schedule 12, page 118, line 2, at end insert ', or whose claim that his removal from the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 as being incompatible with his Convention rights is pending'.
Hazel Blears
90
*Schedule 12, page 122, line 25, at end insert—
| ' | | After section 10 of the Justice (Northern Ireland) Act 2004 (c.4) there is inserted— |
"10A Prosecution right of appeal against grant of bail by county court judge in extradition proceedings
(1) Section 10 applies to the granting of bail by a county court judge in extradition proceedings as it applies to the granting of bail by a magistrates' court in such proceedings; and references in that section to a magistrates' court shall be construed accordingly.
(2) In this section "extradition proceedings" has the same meaning as in section 10."'.
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