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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."'.
Lynne Featherstone
Martin Horwood
107
Clause 12, page 7, line 21, leave out 'one' and insert 'two'.
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
108
Clause 15, page 12, line 13, after third 'a', insert 'reasonable'.
Lynne Featherstone
Martin Horwood
109
Clause 15, page 12, line 30, after 'any', insert 'reasonable'.
Lynne Featherstone
Martin Horwood
110
Clause 15, page 13, line 1, after 'section', insert "'reasonable'.
Lynne Featherstone
Martin Horwood
111
Clause 15, page 13, line 3, after 'other', insert 'criminal'.
Lynne Featherstone
Martin Horwood
112
Clause 15, page 13, line 19, leave out 'the Secretary of State may by'.
Lynne Featherstone
Martin Horwood
113
Clause 15, page 13, line 21, at end insert '; but such regulations shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.'.
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
114
Clause 16, page 15, line 7, leave out from beginning to end of line 18 on page 16.
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)'. |
Lynne Featherstone
Martin Horwood
115
Clause 17, page 17, line 14, leave out from beginning to end of line 10 on page 18.
Lynne Featherstone
Martin Horwood
116
Clause 17, page 18, line 12, leave out 'or registered social landlord ("a relevant authority")'.
Lynne Featherstone
Martin Horwood
117
Clause 17, page 18, line 21, leave out 'relevant' and insert 'local'.
Lynne Featherstone
Martin Horwood
118
Clause 17, page 18, line 24, leave out 'relevant' and insert 'local'.
Lynne Featherstone
Martin Horwood
119
Clause 17, page 18, line 28, leave out 'relevant' and insert 'local'.
Lynne Featherstone
Martin Horwood
120
Clause 17, page 18, line 30, leave out 'relevant' and insert 'local'.
Lynne Featherstone
Martin Horwood
121
Clause 17, page 18, line 33, leave out 'relevant' and insert 'local'.
Lynne Featherstone
Martin Horwood
122
Page 18, line 39, leave out Clause 18.
Lynne Featherstone
Martin Horwood
123
Clause 19, page 20, line 19, leave out '(who need not be a particular identified person)'.
Lynne Featherstone
Martin Horwood
124
Clause 19, page 20, line 41, leave out 'Without prejudice to the generality of the court's power under subsection (2), a kind of conduct may' and insert 'A kind of conduct must'.
Lynne Featherstone
Martin Horwood
125
Clause 19, page 20, line 43, leave out from 'reference' to end of line 45.
Lynne Featherstone
Martin Horwood
126
Clause 20, page 21, line 25, at end insert 'on bail'.
Lynne Featherstone
Martin Horwood
127
Clause 20, page 21, leave out lines 34 and 35.
Lynne Featherstone
Martin Horwood
128
Clause 20, page 21, line 36, leave out 'in any other case'.
Lynne Featherstone
Martin Horwood
129
Schedule 7, page 84, leave out lines 37 to 39.
Lynne Featherstone
Martin Horwood
130
Schedule 7, page 84, line 40, leave out 'him' and insert 'the person'.
Lynne Featherstone
Martin Horwood
131
Schedule 7, page 85, line 21, leave out 'if the court remands him on bail,'.
Lynne Featherstone
Martin Horwood
132
Schedule 7, page 85, leave out lines 26 to 28.
NEW CLAUSES RELATING TO PART 3
Local authority scrutiny of crime and disorder matters
Hazel Blears
NC8
To move the following Clause:—
'(1) Every local authority shall ensure that it has a committee (the "crime and disorder committee") with power—
| (a) | to review or scrutinise decisions made, or other action taken, in connection with the discharge by the responsible authorities of their crime and disorder functions; |
| (b) | to make reports or recommendations to the local authority with respect to the discharge of those functions. |
"The responsible authorities" means the bodies and persons who are responsible authorities within the meaning given by section 5 of the Crime and Disorder Act 1998 (c.37) (authorities responsible for crime and disorder strategies) in relation to the local authority's area.
(2) Where by virtue of subsection (1)(b) the crime and disorder committee makes a report or recommendations it shall provide a copy—
| (a) | to each of the responsible authorities, and |
| (b) | to each of the persons with whom, and bodies with which, the responsible authorities have a duty to co-operate under section 5(2) of the Crime and Disorder Act 1998 (c.37) ("the co-operating persons and bodies"). |
(3) Where a member of a local authority ("the councillor") is asked to consider a local crime and disorder matter by a person who lives or works in the area that the councillor represents—
| (a) | the councillor shall consider the matter and respond to the person who asked him to consider it, indicating what (if any) action he proposes to take; |
| (b) | the councillor may refer the matter to the crime and disorder committee. |
In this subsection and subsections (4) to (6) "local authority" does not include the county council for an area for which there are district councils.
(4) Where a member of a local authority operating executive arrangements declines to refer a matter to the crime and disorder committee under subsection (3)(b), the person who asked him to consider it may refer the matter to the executive of that authority.
(5) Where a matter is referred under subsection (4) to the executive of a local authority—
| (a) | the executive shall consider the matter and respond to the person who referred the matter to it, indicating what (if any) action it proposes to take; |
| (b) | the executive may refer the matter to the crime and disorder committee. |
(6) The crime and disorder committee shall consider any local crime and disorder matter—
| (a) | referred to it by a member of the local authority in question (whether under subsection (3)(b) or not), or |
| (b) | referred to it under subsection (5), |
and may make a report or recommendations to the local authority with respect to it.
(7) Where the crime and disorder committee makes a report or recommendations under subsection (6) it shall provide a copy to such of the responsible authorities and to such of the co-operating persons and bodies as it thinks appropriate.
(8) An authority, person or body to which a copy of a report or recommendations is provided under subsection (2) or (7) shall—
| (a) | consider the report or recommendations; |
| (b) | respond to the crime and disorder committee indicating what (if any) action it proposes to take; |
| (c) | have regard to the report or recommendations in exercising its functions. |
(9) In the case of a local authority operating executive arrangements—
| (a) | the crime and disorder committee is to be an overview and scrutiny committee of the authority (within the meaning of Part 2 of the Local Government Act 2000 (c.22)); |
| (b) | a reference in subsection (1)(b) or (6) to making a report or recommendations to the local authority is to be read as a reference to making a report or recommendations to the local authority or the executive. |
(10) Schedule (Further provision about crime and disorder committees of certain local authorities) (which makes further provision, corresponding to that made by section 21 of the Local Government Act 2000, about the crime and disorder committees of local authorities not operating executive arrangements) has effect.
(11) In this section—
"crime and disorder functions" means functions conferred by or under section 6 of the Crime and Disorder Act 1998 (c. 37) (formulation and implementation of crime and disorder strategies);
"executive arrangements" means executive arrangements under Part 2 of the Local Government Act 2000 (c. 22);
| (a) | in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; |
| (b) | in relation to Wales, a county council or a county borough council; |
"local crime and disorder matter", in relation to a member of a local authority, means a matter concerning—
| (c) | crime and disorder (including in particular forms of crime and disorder that involve anti-social behaviour or other behaviour adversely affecting the local environment) in the area represented by the member, or |
| (d) | the misuse of drugs, alcohol and other substances in that area.'. |
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