|
|
| |
| |
|
| | (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 |
|
| | |
| | (a) | referred to it by a member of the local authority in question (whether |
|
40 | | 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 |
|
| | |
| | (7) | Where the crime and disorder committee makes a report or recommendations |
|
45 | | 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; |
|
50 | | (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 |
|
55 | | 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 |
|
60 | | |
| | (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 (c. 22), about the crime and |
|
| | disorder committees of local authorities not operating executive arrangements) |
|
65 | | |
| | |
| | “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); |
|
70 | | “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 |
|
75 | | London or the Council of the Isles of Scilly; |
|
| | (b) | in relation to Wales, a county council or a county borough |
|
| | |
| | “local crime and disorder matter”, in relation to a member of a local |
|
| | authority, means a matter concerning— |
|
80 | | (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.’. |
|
| | As Amendments to Hazel Blears’s proposed New Clause (Local authority scrutiny of |
|
| | crime and disorder matters) (NC8):— |
|
|
|
| |
| |
|
| |
| | |
| |
| | ‘(aa) | the councillor may refer the matter to the responsible authority;’. |
|
| |
| | |
| Line 24, at beginning insert ‘if the matter is not resolved by the responsible |
|
| |
| |
| | Guidance and regulations regarding crime and disorder matters |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State may issue guidance to— |
|
| | (a) | local authorities in England, |
|
| | (b) | members of those authorities, and |
|
| | (c) | crime and disorder committees of those authorities, |
|
5 | | | with regard to the exercise of their functions under section (Local authority |
|
| | scrutiny of crime and disorder matters). |
|
| | (2) | The National Assembly for Wales, after consulting the Secretary of State, may |
|
| | |
| | (a) | local authorities in Wales, |
|
10 | | (b) | members of those authorities, and |
|
| | (c) | crime and disorder committees of those authorities, |
|
| | | with regard to the exercise of their functions under section (Local authority |
|
| | scrutiny of crime and disorder matters). |
|
| | (3) | The Secretary of State may by regulations make provision supplementing that |
|
15 | | made by section (Local authority scrutiny of crime and disorder matters) in |
|
| | relation to local authorities in England. |
|
| | (4) | The Secretary of State, after consulting the National Assembly for Wales, may by |
|
| | regulations make provision supplementing that made by section (Local authority |
|
| | scrutiny of crime and disorder matters) in relation to local authorities in Wales. |
|
20 | | (5) | Regulations under subsection (3) or (4) may in particular make provision— |
|
| | (a) | as to the co-opting of additional members to serve on the crime and |
|
| | disorder committee of a local authority; |
|
| | (b) | as to the frequency with which the power mentioned in section (Local |
|
| | authority scrutiny of crime and disorder matters)(1)(a) is to be exercised; |
|
25 | | (c) | requiring information to be provided to the crime and disorder committee |
|
| | by the responsible authorities and the co-operating persons and bodies; |
|
| | (d) | imposing restrictions on the provision of information to the crime and |
|
| | disorder committee by the responsible authorities and the co-operating |
|
| | |
30 | | (e) | requiring officers or employees of the responsible authorities and the co- |
|
| | operating persons and bodies to attend before the crime and disorder |
|
| | committee to answer questions; |
|
|
|
| |
| |
|
| | (f) | specifying how a person is to refer a matter to a member of a local |
|
| | authority, or to the executive of a local authority, under section (Local |
|
35 | | authority scrutiny of crime and disorder matters)(3) or (4); |
|
| | (g) | specifying the periods within which— |
|
| | (i) | a member of a local authority is to deal with a request under |
|
| | section (Local authority scrutiny of crime and disorder |
|
| | |
40 | | (ii) | the executive of a local authority is to deal with a matter referred |
|
| | under section (Local authority scrutiny of crime and disorder |
|
| | |
| | (iii) | the crime and disorder committee is to deal with a matter referred |
|
| | as mentioned in section (Local authority scrutiny of crime and |
|
45 | | |
| | (iv) | the responsible authorities and the co-operating persons and |
|
| | bodies are to consider and respond to a report or |
|
| | recommendations made under or by virtue of section (Local |
|
| | authority scrutiny of crime and disorder matters). |
|
50 | | (6) | Regulations made by virtue of subsection (5)(a) may provide for a person co- |
|
| | opted to serve as a member of a crime and disorder committee to have the same |
|
| | entitlement to vote as any other member. |
|
| | (7) | In this section “local authority”, “crime and disorder committee”, “responsible |
|
| | authorities” and “co-operating persons and bodies” have the same meaning as in |
|
55 | | section (Local authority scrutiny of crime and disorder matters).’. |
|
| | As an Amendment to Hazel Blears’s proposed New Clause (Guidance and regulations |
|
| | regarding crime and disorder matters) (NC9):— |
|
| |
| | |
| Line 37, leave out sub-paragraph (i). |
|
| |
| | Joint crime and disorder committees |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘In section 5 of the Crime and Disorder Act 1998 (c. 37) (authorities responsible |
|
| | for crime and disorder strategies), after subsection (1B) there is inserted— |
|
| | “(1C) | An order under subsection (1A) above— |
|
| | (a) | may require the councils for the local government areas in |
|
| | question to appoint a joint committee of those councils (the |
|
| | “joint crime and disorder committee”) and to arrange for crime |
|
| | and disorder scrutiny functions in relation to any (or all) of those |
|
| | councils to be exercisable by that committee; |
|
| | (b) | may make provision applying any of the relevant provisions, |
|
| | with or without modifications, in relation to a joint crime and |
|
| | |
|
|
| |
| |
|
| | |
| | “crime and disorder scrutiny functions”, in relation to a council, means |
|
| | functions that are, or, but for an order under subsection (1A) above, |
|
| | would be, exercisable by the crime and disorder committee of the council |
|
| | under section (Local authority scrutiny of crime and disorder matters) of |
|
| | the Police and Justice Act 2006 (local authority scrutiny of crime and |
|
| | |
| | “the relevant provisions” means— |
|
| | (a) | section (Local authority scrutiny of crime and disorder matters) |
|
| | of the Police and Justice Act 2006; |
|
| | (b) | section (Guidance and regulations regarding crime and disorder |
|
| | matters) of that Act and any regulations made under that section; |
|
| | (c) | Schedule (Further provision about crime and disorder |
|
| | committees of certain local authorities) to that Act; |
|
| | (d) | section 21 of the Local Government Act 2000.”’. |
|
| |
| | Children subject to ASBO proceedings: reporting restrictions |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘Sections 1(10D), 1(10E) and 1C(9C) of the Crime and Disorder Act 1998 (c. 37) |
|
| | |
| |
| New Schedule relating to Part 3 |
|
| |
| | |
| To move the following Schedule:— |
|
| | ‘Further provision about crime and disorder committees of certain local |
|
| | |
| | |
| | 1 (1) | This Schedule applies in relation to a local authority that is not operating |
|
| | executive arrangements under Part 2 of the Local Government Act 2000 |
|
| | |
| | (2) | In this Schedule “local authority” and “crime and disorder committee” have |
|
| | the same meaning as in section (Local authority scrutiny of crime and disorder |
|
| | |
|
|
| |
| |
|
| | Functions of crime and disorder committees |
|
| | 2 (1) | The crime and disorder committee of a local authority may not discharge any |
|
| | functions other than its functions under section (Local authority scrutiny of |
|
| | crime and disorder matters) or this Schedule. |
|
| | (2) | In the case of a committee of a local authority that discharges functions other |
|
| | than those mentioned in sub-paragraph (1), the reference in that sub-paragraph |
|
| | to the crime and disorder committee is a reference to that committee in its |
|
| | capacity as crime and disorder committee. |
|
| | Appointment of sub-committees |
|
| | 3 (1) | The crime and disorder committee of a local authority— |
|
| | (a) | may appoint one or more sub-committees, and |
|
| | (b) | may arrange for the discharge of any of its functions by any such sub- |
|
| | |
| | (2) | A sub-committee of the crime and disorder committee may not discharge any |
|
| | functions other than those conferred on it under sub-paragraph (1)(b). |
|
| | |
| | 4 | A local authority shall make arrangements— |
|
| | (a) | for enabling a member of the crime and disorder committee of the |
|
| | authority to ensure that a matter that is relevant to the functions of the |
|
| | committee is included in the agenda for, and is discussed at, a meeting |
|
| | |
| | (b) | for enabling a member of a sub-committee of such a committee to |
|
| | ensure that a matter that is relevant to the functions of the sub- |
|
| | committee is included in the agenda for, and is discussed at, a meeting |
|
| | |
| | 5 | The crime and disorder committee of a local authority, or a sub-committee of |
|
| | such a committee, may include persons who are not members of the authority, |
|
| | but (subject to section (Guidance and regulations regarding crime and |
|
| | disorder matters)(6)) such persons are not entitled to vote, at a meeting of such |
|
| | a committee or sub-committee, on any question that falls to be decided at that |
|
| | |
| | Power to compel attendance etc |
|
| | 6 (1) | The crime and disorder committee of a local authority or a sub-committee of |
|
| | |
| | (a) | may require members or officers of the authority to attend before it to |
|
| | |
| | (b) | may invite other persons to attend meetings of the committee. |
|
| | (2) | A member or officer of a local authority shall comply with any requirement |
|
| | made under sub-paragraph (1)(a). |
|
| | (3) | A person is not obliged by sub-paragraph (2) to answer any question that he |
|
| | would be entitled to refuse to answer in or for the purposes of proceedings in |
|
| | a court in England and Wales. |
|
| | Miscellaneous and supplemental |
|
| | 7 | The crime and disorder committee of a local authority, or a sub-committee of |
|
| | such a committee, is to be treated as a committee or sub-committee of a |
|
| | principal council for the purposes of Part 5A of the Local Government Act |
|
|
|
| |
| |
|
| | 1972 (c. 70) (access to meetings and documents of certain authorities, |
|
| | committees and sub-committees). |
|
| | 8 (1) | The crime and disorder committee of a local authority, or a sub-committee of |
|
| | such a committee, is to be treated as a body to which section 15 of the Local |
|
| | Government and Housing Act 1989 (c. 42) (duty to allocate seats to political |
|
| | |
| | (2) | Sub-paragraph (1) does not apply to the crime and disorder committee of the |
|
| | Common Council of the City of London (or to a sub-committee of that |
|
| | |
| | 9 | Subsections (2) and (5) of section 102 of the Local Government Act 1972 |
|
| | (c. 70) (appointment of committees) apply to the crime and disorder committee |
|
| | of a local authority, or a sub-committee of such a committee, as they apply to |
|
| | a committee appointed under that section.’. |
|
| |
| |
| | Negatived on division 142 |
|
| Clause 21, page 22, line 13, at end insert ‘and’. |
|
| [Adjourned till Tuesday next at 10.30 a.m. |
|
|