sc1192303.194-199

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.D.  Standing Committee Proceedings: 23rd March 2006
194

Police and Justice Bill, continued

(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
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

it.

(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
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 (c. 22), about the crime and

disorder committees of local authorities not operating executive arrangements)
65
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);
70
“executive arrangements” means executive arrangements under Part 2 of

the Local Government Act 2000 (c. 22);

“local authority” means—

(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

council;

“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):—

S.C.D.  Standing Committee Proceedings: 23rd March 2006
195

Police and Justice Bill, continued

Nick Herbert

Not called  (a)

Line  23,  at end insert—

‘(aa)
the councillor may refer the matter to the responsible authority;’.

Nick Herbert

Not called  (b)

Line  24,  at beginning insert ‘if the matter is not resolved by the responsible

authority’.

Guidance and regulations regarding crime and disorder matters

Hazel Blears

Added  NC9

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

issue guidance to—

(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

persons and bodies;
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;

S.C.D.  Standing Committee Proceedings: 23rd March 2006
196

Police and Justice Bill, continued

(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

matters)(3);
40
(ii)
the executive of a local authority is to deal with a matter referred

under section (Local authority scrutiny of crime and disorder

matters)(4);

(iii)
the crime and disorder committee is to deal with a matter referred

as mentioned in section (Local authority scrutiny of crime and
45
disorder matters)(6);

(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):—

James Brokenshire

Not called  (a)

Line  37,  leave out sub-paragraph (i).

Joint crime and disorder committees

Hazel Blears

Added  NC10

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

disorder committee.

S.C.D.  Standing Committee Proceedings: 23rd March 2006
197

Police and Justice Bill, continued

(1D)
In subsection (1C)—

“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

disorder matters);

“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

Lynne Featherstone

Martin Horwood

Withdrawn  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 Schedule relating to Part 3

Hazel Blears

Added  ns1

To move the following Schedule:—

‘Further provision about crime and disorder committees of certain local

authorities

Introductory

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

(c. 22).

      (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

matters).

S.C.D.  Standing Committee Proceedings: 23rd March 2006
198

Police and Justice Bill, continued

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-

committee.

      (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).

Meetings etc

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

of the committee, and

(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

of the sub-committee.

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

meeting.

Power to compel attendance etc

6    (1)
The crime and disorder committee of a local authority or a sub-committee of

such a committee—

(a)
may require members or officers of the authority to attend before it to

answer questions;

(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

S.C.D.  Standing Committee Proceedings: 23rd March 2006
199

Police and Justice Bill, continued

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

groups) applies.

      (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

committee).

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.’.

Nick Herbert

Negatived on division  142

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

[Adjourned till Tuesday next at 10.30 a.m.