Amendments proposed to the Police and Justice Bill - continued	House of Commons
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Nick Herbert

142

Clause     21,     page     22,     line     13,     at end insert 'and'.

   

Nick Herbert

143

Clause     21,     page     22,     line     14,     leave out 'and Custody'.

   

Nick Herbert

144

Clause     21,     page     22,     line     15,     at end add—

    '(3)   The Chief Inspector shall maintain complete independence from the Government and shall not be directed by Ministers except where specifically directed under the provisions of this Act.'.

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Hazel Blears

86

Clause     23,     page     25,     line     15,     leave out 'holding centre' and insert 'holding facility'.

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Hazel Blears

87

Clause     24,     page     25,     line     22,     leave out 'additional functions' and insert 'functions, other than inspection functions,'.

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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).'.

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Nick Herbert

145

Clause     29,     page     28,     leave out line 6.

   

Nick Herbert

146

Clause     29,     page     28,     line     11,     at end insert—

    '(1A)   Subsection (1)(a) shall only apply—

(a)	after a period of at least five years from the commencement of this Act;

(b)	if an independent review commissioned by the Secretary of State concludes that it would be desirable for Her Majesty's Chief Inspector of Prisons to be replaced by the Chief Inspector; and

(c)	subject to an order to be laid before, and approved by a resolution of, each House of Parliament.'.

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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.'.

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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.'.

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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").'.

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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.'.

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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—

(a)

salaries,

(b)	allowances,

(c)	sums for the provision of pensions,

(d)	staff, and

(e)	general expenses.

    (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.'.

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Hazel Blears

148

*Clause     35,     page     30,     line     17,     leave out lines 17 to 20 and insert—

'(a)	intending it to be used to commit, or to assist in the commission of, an offence under section 1 or 3; or

(b)	believing that it is likely to be so used.'.

   

Lynne Featherstone
Martin Horwood

60

Clause     35,     page     30,     line     18,     leave out 'or' and insert 'and'.

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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."'.

   

Hazel Blears

91

Schedule     12,     page     122,     line     34,     at end insert—

'

In section 38 of the Prison Act (Northern Ireland) 1953 (c. 18) (arrest etc of persons unlawfully at large), for subsection (3) there is substituted—

    "(3)   The provisions of the last foregoing sub-section shall not apply—

(a)	to any period during which any such person is detained in pursuance of any other sentence of any court in the United Kingdom in a prison or other institution, or

(b)	to any period which under section 151A of the Extradition Act 2003 counts as time served as part of a sentence,

but shall apply in addition to any other provisions of this Act imposing any punishment for an escape."'.

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NEW CLAUSES RELATING TO PART 5

Forfeiture of indecent photographs of children: Northern Ireland

   

Hazel Blears

NC11

To move the following Clause:—

    '(1)   The Protection of Children (Northern Ireland) Order 1978 (S.I.1978/1047 (N.I.17)) is amended as follows.

    (2)   In Article 4 (entry, search and seizure), for paragraph (2) there is substituted—

    "(2)   In this Article "premises" has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I.1989/1341 (N.I.12)) (see Article 25 of that Order)."

    (3)   For Articles 5 and 6 (forfeiture) there is substituted—

    "5   Forfeiture
The Schedule to this Order makes provision about the forfeiture of indecent photographs and pseudo-photographs."

    (4)   At the end of the Order there is inserted the Schedule set out in Schedule (Schedule to be inserted into the Protection of Children (Northern Ireland) Order 1978).

    (5)   The amendment made by subsection (2) has effect only in relation to warrants granted under Article 4(1) of the Protection of Children (Northern Ireland) Order 1978 after the commencement of that subsection.

    (6)   The amendments made by subsections (3) and (4) and Schedule (Schedule to be inserted into the Protection of Children (Northern Ireland) Order 1978) have effect whether the property in question was lawfully seized before or after the coming into force of those provisions.

This is subject to subsection (7).

    (7)   Those amendments do not have effect in a case where the property has been brought before a resident magistrate under Article 5(1) of the Protection of Children (Northern Ireland) Order 1978 before the coming into force of those provisions.'.

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Prepared 23 Mar 2006