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

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David Davis
Mr Nick Clegg
Mr Edward Garnier
Lynne Featherstone
Nick Herbert
Martin Horwood

84

*Page     23,     line     6     [Clause     23],     leave out 'and Custody'.


   

David Davis
Mr Edward Garnier
Nick Herbert
Michael Fabricant

85

*Page     25,     line     6,     leave out Clause 25.


   

David Davis
Mr Edward Garnier
Nick Herbert
Michael Fabricant

86

*Page     29,     line     3     [Clause     31],     leave out paragraph (a).


   

Secretary John Reid

43

Page     30,     line     20     [Clause     35],     leave out 'a summary conviction for'.


   

Sir Paul Beresford
Mr Dominic Grieve
Nick Herbert
Mr John Randall
Mr Humfrey Malins

1

Page     33,     line     23     [Clause     40],     at end insert—

    '(3A)   After section 5 (forfeiture) there is inserted—

          "5A   Forfeiture following conviction

             When a person is convicted of an offence contrary to section 1 of this Act or section 160 of the Criminal Justice Act 1988 (c. 33) the court shall have regard to its powers under section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)."'.


   

Secretary John Reid

44

Page     35,     line     36     [Clause     44],     after 'Secretary of State,' insert—

      '( ) a Registrar General,'.


   

Secretary John Reid

45

Page     36,     line     21     [Clause     44],     at end insert—

    '( )   A statutory instrument containing an order under paragraph 48 of Schedule 1 made by the Scottish Ministers may not be made unless a draft has been laid before, and approved by a resolution of, the Scottish Parliament.'.


   

Secretary John Reid

46

Page     37,     line     30     [Clause     48],     after 'paragraphs 9(3)(a)' insert ', 15A, 15B'.

   

Secretary John Reid

47

Page     37,     line     32     [Clause     48],     after 'paragraphs' insert '27A, 29A,'.


   

Secretary John Reid

48

Page     39,     line     23     [Clause     49],     at end insert—

    '( )   Section (Supply of information to police etc by Registrar General) extends also to Northern Ireland.'.


   

Secretary John Reid

49

Page     53,     line     12     [Schedule     1],     leave out 'by a scheme under section 19 of' and insert 'under an amalgamation scheme under'.


   

Secretary John Reid

50

Page     56,     line     21     [Schedule     1],     leave out 'Secretary of State' and insert 'appropriate authority (see sub-paragraph (3A))'.


   

Secretary John Reid

51

Page     57,     line     3     [Schedule     1],     at end insert—

    '(3A) Power of the appropriate authority under sub-paragraph (1)—

            (a)   so far as it is power to make provision falling within sub-paragraph (3B), is power of the Scottish Ministers, and

            (b)   so far as it is power to make provision not falling within sub-paragraph (3B), is power of the Secretary of State.

    (3B) The provision falling within this sub-paragraph is provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.

    (3C) Power of the Scottish Ministers under sub-paragraph (1) is exercisable only with the consent of the Secretary of State.

    (3D) Power of the Secretary of State under sub-paragraph (1)(a), (b) and (c), so far as it is power to make provision falling within sub-paragraph (3E), is exercisable only with the consent of the Scottish Ministers.

    (3E) The provision falling within this sub-paragraph is provision—

            (a)   that affects, or may affect, any of the persons mentioned in paragraph 4(2) (police forces, and other policing bodies, in Scotland), or

            (b)   that affects, or may affect, the rights and powers of the Scottish Ministers.

    (3F) Power of the Secretary of State under sub-paragraph (1)(d), so far as it is power to impose obligations on any of the persons mentioned in paragraph 4(2), is exercisable only with the consent of the Scottish Ministers.'.

   

Secretary John Reid

52

Page     57,     line     12     [Schedule     1],     at end insert—

    '(4A) Before making an order under sub-paragraph (1), the Scottish Ministers must consult—

            (a)   the Agency,

            (b)   the Scottish Police Services Authority,

            (c)   persons whom the Scottish Ministers consider to represent the interests of chief constables of police forces in Scotland, and

            (d)   persons whom the Scottish Ministers consider to represent the interests of bodies within sub-paragraph (4C).

    (4B) Before deciding whether to give consent for the purposes of sub-paragraph (3D) or (3F), the Scottish Ministers must consult—

            (a)   the Scottish Police Services Authority,

            (b)   persons whom the Scottish Ministers consider to represent the interests of chief constables of police forces in Scotland, and

            (c)   persons whom the Scottish Ministers consider to represent the interests of bodies within sub-paragraph (4C).

    (4C) A body is within this sub-paragraph if it is—

            (a)   the police authority for a police area in Scotland that is not combined, by virtue of an amalgamation scheme under the Police (Scotland) Act 1967 (c.77), with any other police area in Scotland, or

            (b)   a joint police board constituted under such a scheme.'.

   

Secretary John Reid

53

Page     57,     line     21     [Schedule     1],     after 'including' insert ', without prejudice to the generality of section 20(2) of the Interpretation Act 1978 (c.30),'.


   

Secretary John Reid

119

*Page     61,     line     18     [Schedule     1],     at end insert—

      'In section 90(4) (impersonation etc: interpretation), for the words after paragraph (a) and before paragraph (b) (paragraph (aa) having been superseded by section 68(2) of the Railways and Transport Safety Act 2003) there is substituted—

          "(ab) "member of a police force" includes a member of the staff of the National Policing Improvement Agency who is a constable, and".

     '(1) Section 91 (offence of causing disaffection amongst members of police forces etc) is amended as follows.

    (2) In subsection (2) (offence under subsection (1) of causing disaffection etc amongst members of police forces applies also in relation to certain other police personnel), after paragraph (a) there is inserted—

          "(aa) members of the staff of the National Policing Improvement Agency who are constables,".

    (3) After subsection (2) there is inserted—

          "(3)   Liability under subsection (1) for any behaviour in relation to members of the staff of the National Policing Improvement Agency is in addition to any civil liability for that behaviour.".'.


   

Secretary John Reid

120

*Page     63,     line     2     [Schedule     1],     leave out 'In section 29(3)(c) of the Police Reform Act 2002' and insert—

      'The Police Reform Act 2002 is amended as follows.

      In section 9(3) (persons ineligible for membership of the Independent Police Complaints Commission), after paragraph (da) there is inserted—

          "(db) he is or has been—

          (i) the chairman or chief executive of, or

          (ii) another member of, or

          (iii) another member of the staff of,

          the National Policing Improvement Agency;".

     (1) Section 10 (general functions of the Independent Police Complaints Commission) is amended as follows.

    (2) In subsection (1) (general functions), after paragraph (g) there is inserted "; and

          (h) to carry out functions in relation to the National Policing Improvement Agency which correspond to those conferred on the Commission in relation to police forces by paragraph (e) of this subsection."

    (3) In subsection (3) (functions conferred by other provisions), after paragraph (ba) there is inserted—

          "(bb) any agreement under section 26B of this Act (National Policing Improvement Agency);".

    (4) In subsection (7)(c) (Commission may impose charges for making recommendations, and giving advice, for purposes of subsection (1)(g)), after "subsection (1)(g)" there is inserted "or (h)".

     (1) Section 11 (reports) is amended as follows.

    (2) In subsection (6) (persons to whom Independent Police Complaints Commission must send copies of its annual reports), after paragraph (d) there is inserted "; and

          (e) to the National Policing Improvement Agency."

    (3) After subsection (9) there is inserted—

          "(9A)   Where a report under subsection (3) relates to the National Policing Improvement Agency, the Commission shall send a copy of that report to the Agency."

    (4) In subsection (10) (persons to whom reports under subsection (4) must be sent), after paragraph (g) there is inserted "; and

          (h) the National Policing Improvement Agency."

     (1) Section 15 (general duties of police authorities etc in relation to Part 2 of the Act) is amended as follows.

    (2) After subsection (1A) there is inserted—

          "(1B)   It shall be the duty of the National Policing Improvement Agency to ensure that it is kept informed, in relation to the Agency, about all matters falling within subsection (2)."

    (3) For the second sentence of subsection (8) (meaning of "third force" in subsection (8)) there is substituted—

          "(8A)   Where the person who requires assistance and co-operation under subsection (5) is a member of the staff of the National Policing Improvement Agency—

          (a) the chief officer of a third force, or

          (b) the police authority maintaining a third force,

        may be required to give that assistance and co-operation only with the approval of the chief executive of the National Policing Improvement Agency.

          (8B)   In subsections (8) and (8A) "third force", in relation to an investigation, means any police force other than the force to which the person whose conduct is under investigation belonged at the time of the conduct."

    (4) In subsection (9) (approval that is needed before Director General of Serious Organised Crime Agency can be required to give assistance etc under subsection (5)), for the words after paragraph (b) there is substituted—

        "the Agency may be required to give assistance and co-operation under subsection (5) only with the approval of the relevant directing officer."

    (5) After subsection (9) there is inserted—

          "(10)   In subsection (9) "the relevant directing officer"—

          (a) in a case where the person who requires assistance and co-operation belongs to a police force, means the chief officer of that force; and

          (b) in a case where the person who requires assistance and co-operation is a member of the staff of the National Policing Improvement Agency, means the chief executive of that Agency."

      After section 16 there is inserted—

          "16A   Investigations: National Policing Improvement Agency involvement

          (1)   Where a police authority or chief officer requires the NPIA and its chief executive to provide a member of the NPIA's staff who is a constable for appointment under paragraph 16, 17 or 18 of Schedule 3, it shall be the duty of the NPIA and its chief executive to comply with the requirement.

          (2)   It shall be the duty of the NPIA and its chief executive to ensure that a person appointed under paragraph 16, 17 or 18 of Schedule 3 to carry out an investigation is given all such assistance and co-operation in the carrying-out of that investigation as that person may reasonably require.

          (3)   It shall be the duty of the NPIA and its chief executive to provide the Commission and every member of the Commission's staff with all such assistance as the Commission or that member of staff may reasonably require for the purposes of, or in connection with, the carrying-out of any investigation by the Commission under this Part.

          (4)   Where the person who requires assistance and co-operation under subsection (2) is a person serving with the police, the NPIA and its chief executive may be required to give that assistance and co-operation only with the approval of the chief officer of the force to which that person belongs.

          (5)   Where the person who requires assistance and co-operation under subsection (2) is a member of the staff of the Serious Organised Crime Agency, the NPIA and its chief executive may be required to give that assistance and co-operation only with the approval of the Director General of the Serious Organised Crime Agency.

          (6)   Subsection (7) applies where the NPIA and its chief executive comply with a requirement under subsection (1) or (2) that is made in connection with—

          (a) an investigation relating to the conduct of a person who, at the time of the conduct, was a member of a police force; or

          (b) an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, a member of a police force.

          (7)   The police authority maintaining the police force mentioned in subsection (6)(a) or (b) shall pay to the NPIA such contribution (if any) towards the costs of compliance with the requirement—

          (a) as may be agreed between them; or

          (b) in the absence of an agreement, as may be determined in accordance with any arrangements which—

          (i) have been agreed to by police authorities generally and by the NPIA, and

          (ii) are for the time being in force with respect to the making of contributions towards the costs of compliance by the NPIA and its chief executive with requirements of the kind mentioned in subsection (6); or

          (c) in the absence of any such arrangements, as may be determined by the Secretary of State.

          (8)   Where the NPIA and its chief executive comply with a requirement under subsection (3), the Commission shall pay to the NPIA such contribution (if any) towards the costs of compliance with the requirement—

          (a) as may be agreed between the Commission and the NPIA; or

          (b) in the absence of an agreement, as may be determined in accordance with any arrangements which—

          (i) have been agreed to by the Agency and by the Commission, and

          (ii) are for the time being in force with respect to the making of contributions towards the costs of compliance by the NPIA and its chief executive with requirements under subsection (3); or

          (c) in the absence of any such arrangements, as may be determined by the Secretary of State.

          (9)   In this section "the NPIA" means the National Policing Improvement Agency."

      In section 17 (provision of information to the Independent Police Complaints Commission), after subsection (5) there is inserted—

          "(6)   In this section—

            "chief officer" includes the chief executive of the National Policing Improvement Agency;

            "police authority" includes the National Policing Improvement Agency."

      After section 26A insert—

          "26B   National Policing Improvement Agency

          (1)   The Commission and the National Policing Improvement Agency must enter into an agreement for the establishment in relation to members of the Agency's staff of procedures corresponding or similar to those provided for by or under this Part.

          (2)   An agreement under this section—

          (a) must not be made or varied except with the approval of the Secretary of State; and

          (b) must not be terminated unless—

          (i) it is replaced by another such agreement, and

          (ii) the Secretary of State approves.

          (3)   An agreement under this section may contain provision for enabling the Commission to bring and conduct, or otherwise participate or intervene in, any proceedings which are identified by the agreement as disciplinary hearings in relation to members of the Agency's staff.

          (4)   An agreement under this section must not confer any function on the Commission in relation to so much of any complaint or conduct matter as relates to the direction and control of the Agency by the Agency's chief executive or by other members of the Agency.

          (5)   Procedures established in accordance with an agreement under this section shall have no effect in relation to anything done outside England and Wales by any member of the Agency's staff."

      In section 29(3)(c)'.

 
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Prepared 8 May 2006