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S.C.D.

165

 
 

House of Commons

 
 

Thursday 16th March 2006

 

Standing Committee Proceedings

 

Standing Committee D

 

Police and Justice Bill


 

[first and second sittings]


 

Resolution of the Programming Sub-Committee

 

Agreed to

 

That—

 

(1)  

during proceedings on the Police and Justice Bill, the Standing Committee

 

shall (in addition to its first meeting at 9.00 a.m. on Thursday 16th March)

 

meet—

 

(a)  

at 1.00 p.m. on Thursday 16th March;

 

(b)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 21st March;

 

(c)  

at 9.00 a.m. and 1.00 p.m. on Thursday 23rd March;

 

(d)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 28th March;

 

(2)  

the proceedings shall be taken in the order shown in the first column of the

 

following Table and shall (so far as not previously concluded) be brought to

 

a conclusion at the time specified in the second column of the Table.

 


 


 


 

 

TABLE

 

Proceedings

Time for conclusion of proceedings

 
 

Clause 1; Schedule 1; Clause 2;

5.00 p.m. on Tuesday 21st March

 
 

Schedule 2; Clauses 3 to 6; Schedule

  
 

3; new Clauses relating to Part 1; new

  
 

Schedules relating to Part 1

  
 

Clause 7; Schedule 4; Clauses 8 to

7.00 p.m. on Tuesday 28th March

 
 

10; Schedule 5; Clauses 11 to 13; new

  
 

Clauses relating to Part 2; new

  
 

Schedules relating to Part 2; Clause

  
 

14; Schedule 6; Clauses 15 to 20;

  
 

Schedule 7; new Clauses relating to

  
 

Part 3; new Schedules relating to Part

  
 

3; Clauses 21 to 28; Schedule 8;

  
 

Clauses 29 and 30; Schedule 9;

  
 

Clause 31; Schedule 10; Clause 32;

  
 

new Clauses relating to Part 4; new

  
 

Schedules relating to Part 4; Clauses

  
 

33 to 37; Schedule 11; Clauses 38 and

  
 

39; Schedule 12; new Clauses relating

  
 

to Part 5; new Schedules relating to

  
 

Part 5; Clauses 40 to 43; Schedules 13

  
 

and 14; Clauses 44 to 46; remaining

  
 

new Clauses; remaining new

  
 

Schedules; remaining proceedings on

  
 

the Bill

  

 
 

S.C.D.  Standing Committee Proceedings: 16th March 2006            

166

 

Police and Justice Bill, continued

 
 

 


 

Nick Herbert

 

Withdrawn  61

 

Clause  1,  page  1,  line  9,  at end insert—

 

‘(c)    

the Police Standards Unit.’.

 

Nick Herbert

 

Not selected  62

 

Clause  1,  page  1,  line  9,  at end insert—

 

‘(2A)    

15 per cent of the Agency’s funding shall be provided by police authorities.’.

 

Clause Agreed to.

 


 

Lynne Featherstone

 

Martin Horwood

 

Withdrawn  49

 

Schedule  1,  page  37,  line  24,  at end insert ‘and

 

    (iv)  

monitoring and reporting continuous improvement in the exercise of functions,

 

having regard to a combination of economy, efficiency and effectiveness;’.

 

James Brokenshire

 

Not called  83

 

Schedule  1,  page  40,  line  11,  leave out subparagraph (3).


 
 

S.C.D.  Standing Committee Proceedings: 16th March 2006            

167

 

Police and Justice Bill, continued

 
 

James Brokenshire

 

Not called  84

 

Schedule  1,  page  40,  leave out line 33 and insert—

 

‘(d)    

persons whom the Agency considers to represent the interests of

 

police officers of police forces in England and Wales.’.

 

Nick Herbert

 

Withdrawn  63

 

Schedule  1,  page  41,  line  43,  at end insert—

 

  ‘(4A)  

The Secretary of State must exercise his power under sub-paragraph (1)(c) to

 

ensure that at all times a majority of the members are non-executive.’.

 

Nick Herbert

 

Not called  64

 

Schedule  1,  page  43,  line  2,  leave out paragraph 13 and insert—

 

‘13(1)  

The chairman and members of the Agency shall appoint the chief executive.

 

      (2)  

Before doing so, they shall consult the Secretary of State.

 

      (3)  

The chief executive of the Agency shall be a member of its staff.’.

 

Hazel Blears

 

Agreed to  1

 

Schedule  1,  page  44,  line  11,  at end insert—

 

    ‘(4)  

The person shall, as holder of the office of constable, be under the direction and

 

control of the chief executive of the Agency.

 

      (5)  

Sub-paragraph (4) does not apply to the chief executive of the Agency.

 

Constables employed by the Agency: conditions of service

 

17A(1)  

In relation to the terms and conditions of the contracts of employment of

 

employed constables, the Agency shall comply with rules or principles

 

contained in any document issued to it for the purpose by the Secretary of

 

State.

 

      (2)  

Rules or principles under sub-paragraph (1) may (in particular)—

 

(a)    

require the adoption of specified scales or ranges of pay or allowances;

 

(b)    

require a specified class of employed constable to be treated for

 

specified purposes in the same way as a specified class of employee

 

(whether of the Agency or not) or office-holder;

 

(c)    

require the approval of the Secretary of State for changes in the policy

 

or practice of the Agency;

 

(d)    

require compliance with future rules or principles, including future

 

rules or principles specified by a person other than the Secretary of

 

State;

 

(e)    

make different provision for different purposes.

 

      (3)  

In this paragraph “employed constable” means a member of the Agency’s staff

 

who is—

 

(a)    

a constable, and

 

(b)    

an employee of the Agency.

 

Regulations for constables employed by the Agency

 

17B(1)  

The Secretary of State may by regulations make provision as to the

 

government, administration and conditions of service of employed or

 

seconded constables.


 
 

S.C.D.  Standing Committee Proceedings: 16th March 2006            

168

 

Police and Justice Bill, continued

 
 

      (2)  

Regulations under sub-paragraph (1) may (in particular) make provision with

 

respect to any of the following—

 

(a)    

ranks to be held by employed or seconded constables,

 

(b)    

qualifications for promotion of employed or seconded constables,

 

(c)    

voluntary retirement of a seconded constable from membership of the

 

Agency’s staff and from membership of the body of constables from

 

which he was seconded to the Agency,

 

(d)    

the conduct, efficiency and effectiveness of employed or seconded

 

constables and the maintenance of discipline amongst them,

 

(e)    

suspension of employed or seconded constables from the office of

 

constable,

 

(f)    

suspension of seconded constables from membership of the Agency’s

 

staff,

 

(g)    

maintenance of personal records of employed or seconded constables,

 

(h)    

duties which are or are not to be performed by employed or seconded

 

constables,

 

(i)    

powers which may be, or are not to be, exercised by employed or

 

seconded constables,

 

(j)    

treating attendance by seconded constables—

 

(i)    

at meetings of the Police Federation for England and Wales,

 

or

 

(ii)    

at meetings of any body recognised by the Secretary of State

 

for the purposes of section 64 of the Police Act 1996 (c. 16)

 

(bodies representing members of police forces who are not

 

members of the Police Federation),

 

    

as occasions when they are performing duties as members of the staff

 

of the Agency,

 

(k)    

the hours of duty of seconded constables, their leave and, subject to

 

paragraph 14, their pay and allowances,

 

(l)    

the issue to seconded constables, and the use and return by seconded

 

constables, of Agency clothing, personal equipment and

 

accoutrements, and

 

(m)    

the disapplication, in relation to a seconded constable who is seconded

 

to the Agency from a body of constables that is not a police force

 

within the meaning given by section 101 of the Police Act 1996 (c. 16)

 

(police forces for police areas in England and Wales), of provisions—

 

(i)    

made by or under an Act, and

 

(ii)    

relating to the government, administration and conditions of

 

service of that body of constables.

 

      (3)  

Regulations under sub-paragraph (1) as to the conduct of employed or

 

seconded constables, or as to the maintenance of discipline amongst them,

 

may—

 

(a)    

authorise or require provision to be made, or confer discretionary

 

powers on, the Agency, the Agency’s chief executive or other persons,

 

or

 

(b)    

authorise or require the delegation by any person of functions

 

conferred on that person by or under the regulations.

 

      (4)  

Regulations under sub-paragraph (1) for regulating pay and allowances may be

 

made with retrospective effect to any date specified in the regulations, but

 

nothing in this sub-paragraph shall be read as authorising pay or allowances

 

payable to any person to be reduced retrospectively.

 

      (5)  

In this paragraph—


 
 

S.C.D.  Standing Committee Proceedings: 16th March 2006            

169

 

Police and Justice Bill, continued

 
 

“employed constable” has the same meaning as in paragraph 17A;

 

“seconded constable” has the same meaning as in paragraph 18.’.

 

Nick Herbert

 

Withdrawn  65

 

Schedule  1,  page  48,  line  4,  at end insert—

 

‘Funding arrangements

 

31A      

15 per cent of the Agency’s funding shall be provided by police authorities’.

 

Lynne Featherstone

 

Martin Horwood

 

Withdrawn  47

 

Schedule  1,  page  51,  line  30,  leave out ‘objects,’.

 

Lynne Featherstone

 

Martin Horwood

 

Not called  48

 

Schedule  1,  page  51,  leave out line 34.

 

Hazel Blears

 

Agreed to  2

 

Schedule  1,  page  55,  line  4,  at end insert—

 

‘62A      

In section 59 (Police Federations), after subsection (7) there is inserted—

 

“(7A)    

For the purposes of subsection (1), a member of the staff of the

 

National Policing Improvement Agency who is—

 

(a)    

a constable, and

 

(b)    

an employee of the Agency,

 

    

shall be treated as a member of a police force in England and Wales,

 

and references in this section to police service shall be construed

 

accordingly.”

 

62B      

In section 61(1) (Police Negotiating Board), before paragraph (c) there is

 

inserted—

 

“(bb)    

the members of the staff of the National Policing

 

Improvement Agency who are constables,”.

 

62C(1)  

Section 62 (functions of the Police Negotiating Board) is amended as follows.

 

      (2)  

In subsection (1) (duty to consult Board before making regulations about

 

certain matters), after paragraph (c) there is inserted “or

 

(d)    

regulations under paragraph 17B of Schedule 1 to the Police

 

and Justice Act 2006 (regulations as to constables who are

 

members of the staff of the National Policing Improvement

 

Agency),”.

 

      (3)  

Before subsection (2) there is inserted—

 

“(1D)    

Before issuing a document under paragraph 17A of Schedule 1 to the

 

Police and Justice Act 2006 (rules and principles for contents of

 

contracts of employment of constables employed as members of the

 

staff of the National Policing Improvement Agency), the Secretary of

 

State shall—

 

(a)    

consult the Police Negotiating Board for the United Kingdom

 

about any provision in the document which relates to any of


 
 

S.C.D.  Standing Committee Proceedings: 16th March 2006            

170

 

Police and Justice Bill, continued

 
 

the matters mentioned in section 61(1) (other than pensions),

 

and

 

(b)    

take into consideration any recommendation made by the

 

Board.

 

(1E)    

Before determining the terms and conditions on which a constable is

 

to be appointed to the staff of the National Policing Improvement

 

Agency as an employee of the Agency, the Secretary of State (where

 

the constable is to be appointed as the chief executive of the Agency)

 

or the Agency (in any other case) shall—

 

(a)    

consult the Police Negotiating Board for the United Kingdom

 

about any term or condition which relates to any of the matters

 

mentioned in section 61(1) (other than pensions), and

 

(b)    

take into consideration any recommendation made by the

 

Board.”

 

      (4)  

In subsection (2) (arrangements under section 61(3) apply in relation to

 

recommendations under section 62), for “subsection (1) or (1A)” there is

 

substituted “subsection (1), (1A), (1D) or (1E)”.

 

62D(1)  

Section 63 (Police Advisory Boards) is amended as follows.

 

      (2)  

Before subsection (2) there is inserted—

 

“(1C)    

The Police Advisory Board for England and Wales shall also advise

 

the Secretary of State on general questions affecting members of the

 

staff of the National Policing Improvement Agency who are

 

constables.”

 

      (3)  

In subsection (3) (Board to be consulted on certain regulations), after

 

paragraph (b) there is inserted “or

 

(c)    

regulations under paragraph 17B of Schedule 1 to the Police

 

and Justice Act 2006 (regulations as to constables who are

 

members of the staff of the National Policing Improvement

 

Agency), other than regulations with respect to any of the

 

matters mentioned in section 61(1),”.

 

62E      

In section 64 (membership of trade unions), before subsection (5) there is

 

inserted—

 

“(4C)    

This section applies to a member of the staff of the National Policing

 

Improvement Agency who is—

 

(a)    

a constable, and

 

(b)    

an employee of the Agency,

 

    

as it applies to a member of a police force, and references to a police

 

force or to service in a police force shall be construed accordingly.

 

(4D)    

In its application by virtue of subsection (4C), subsection (2) shall

 

have effect as if the reference to the chief officer of police were a

 

reference to the chief executive of the National Policing Improvement

 

Agency.”.’.

 

Schedule, as amended, Agreed to.

 



 
 

S.C.D.  Standing Committee Proceedings: 16th March 2006            

171

 

Police and Justice Bill, continued

 
 

Lynne Featherstone

 

Martin Horwood

 

Not selected  13

 

Page  2,  line  2,  leave out Clause 2.

 

Clause Agreed to on division.

 


 

Nick Herbert

 

Withdrawn  66

 

Schedule  2,  page  59,  line  9,  leave out paragraph 3.

 

[Adjourned till Tuesday 21st March at 10.30 a.m.


 
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