 House of Commons |
Publications on the internet Index of Amendments |
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Amendment Paper as at
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| (a) | impose limitations or restrictions on the functions which may be the subject of arrangements of the kind referred to in that subsection; |
| (b) | make provision as to the membership or chairmanship of any committee or sub-committee discharging functions under such arrangements; |
| (c) | impose limitations or restrictions on which officers or members of a police authority may discharge functions under such arrangements. |
(4B) A statutory instrument containing regulations under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament."
(4) Subsection (6) (members of police authority committees must be authority members) is omitted.'.
Supply of information to police etc by Registrar General
Secretary John Reid
NC5
To move the following Clause:—'(1) The Registrar General for England and Wales or the Registrar General for Northern Ireland may supply information contained in any register of deaths kept by him—
| (a) | to a police force in the United Kingdom, |
| (b) | to a special police force, |
| (c) | to the Serious Organised Crime Agency, or |
| (d) | to a person or body specified, or of a description specified, by order, |
for use in the prevention, detection, investigation or prosecution of offences.
(2) The power to make an order under subsection (1)(d) is exercisable—
| (a) | in relation to England and Wales, by the Registrar General for England and Wales with the approval of the Chancellor of the Exchequer; |
| (b) | in relation to Northern Ireland, by the Secretary of State after consulting the Registrar General for Northern Ireland. |
(3) A Registrar General may charge a reasonable fee in respect of the cost of supplying information under this section.
(4) The supply of information in the exercise of the power conferred by subsection (1) may be made subject to conditions, including in particular conditions as to—
| (a) | the use and storage of the information; |
| (b) | the period for which any record of the information may be retained; |
| (c) | those to whom the information may be disclosed. |
(5) This section does not limit the circumstances in which information may be supplied apart from this section.
(6) In this section "special police force" means—
| (a) | the Ministry of Defence Police; |
| (b) | the British Transport Police Force; |
| (c) | the Civil Nuclear Constabulary; |
| (d) | the Scottish Crime and Drug Enforcement Agency.'. |
Power to detain pending DPP's decision about charging
Secretary John Reid
NC6
To move the following Clause:—'In section 37 of the Police and Criminal Evidence Act 1984 (c.60) (duties of custody officer before charge), in paragraph (a) of subsection (7) (officer's duties when he determines that there is sufficient evidence to charge), for "shall be released without charge and on bail for the purpose" there is substituted "shall be—
| (a) | released without charge and on bail, or |
| (b) | kept in police detention, |
for the purpose".'.
Protection of children: prohibition of police and conditional cautions
Bob Spink
NC1
To move the following Clause:—'(1) Police cautions, including conditional cautions under Part 3 of the Criminal Justice Act 2003 (c. 44), shall not be issued in relation to offences against a child under the Protection of Children Act 1978 (c. 37) and Part 1 of the Sexual Offences Act 2003 (c. 42), save in the circumstances provided for in subsection (2).
(2) Subsection (1) shall not apply where the person issuing the caution believes that the person in receipt of the caution is not likely to commit further offences under the Protection of Children Act 1978 or Part 1 of the Sexual Offences Act 2003.
(3) In this section, child means a person under 16 years old.'.
Encrypted data and indecent photographs of a child
Sir Paul Beresford
Mr Dominic Grieve
Nick Herbert
Mr John Randall
Mr Humfrey Malins
NC2
To move the following Clause:—'(1) The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows.
(2) In section 53 (failure to comply with a notice)—
| (a) | after subsection (5A)(a) there is inserted— |
| "(aa) | in a case to which subsection (6) applies, seven years;" |
| (b) | after subsection (5B) there is inserted— |
"(6) This subsection applies where—
| (a) | a person has been previously convicted of an offence contrary to section 1 of the Protection of Children Act 1978 (c. 37) or section 160 of the Criminal Justice Act 1988 (c. 33); or |
| (b) | the apparatus or data storage device containing the protected information contains an indecent photograph or pseudo-photograph of a child; or |
| (c) | the apparatus or data storage device containing the protected information has come into the possession of any person together with other apparatus or a data storage device which contains an indecent photograph or pseudo-photograph of a child; or |
| (d) | the court is satisfied that the protected information is likely to contain an indecent photograph or pseudo-photograph of a child. |
(7) Subsection (b) will not apply where the person to whom the notice is given can show that the protected information does not contain an indecent photograph or pseudo-photograph of a child.
(8) In this section 'indecent photograph or pseudo-photograph of a child' shall have the same meaning as that set out in the Protection of Children Act 1978 (c. 37)".
(3) After paragraph 36 of Schedule 3 of the Sexual Offences Act 2003 (c. 42) there is inserted—
| "36A | An offence under section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) if subsection (6) of that section applies."'. |
Extension of offences requiring notification
Sir Paul Beresford
Mr Dominic Grieve
Nick Herbert
Mr John Randall
Mr Humfrey Malins
NC3
To move the following Clause:—'After paragraph 29 of Schedule 3 to the Sexual Offences Act 2003 (c. 42) there shall be inserted—
| "29A | An offence under sections 48 to 50 of this Act (abuse of children through prostitution and pornography) where the offender— |
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offences for a term of at least 12 months".'.
Rendition
Lynne Featherstone
Martin Horwood
NC7
To move the following Clause:—'(1) If the Secretary of State is aware of intelligence that any aircraft entering British airspace is being or has been or may be involved in an act of unlawful rendition then he may require that aircraft to land at a designated suitable airport.
(2) If any plane is required to land in accordance with subsection (1) a responsible person shall as soon as practicable—
| (a) | enter the aircraft; or |
| (b) | arrange for a police constable or an authorised officer of Revenue and Customs to enter the aircraft. |
(3) If the Secretary of State or other responsible person is aware of intelligence that an aircraft using airport facilities in the United Kingdom is being or has been or may be involved in an act of unlawful rendition then a responsible person may make arrangements to—
| (a) | enter the aircraft; or |
| (b) | arrange for a police constable or an authorised officer of Revenue and Customs to enter the aircraft. |
| (i) | A person who enters an aircraft under subsection (2) or (3) above shall endeavour to ascertain— |
| (a) | whether the aircraft is being or has been used for an act of unlawful rendition; |
| (b) | whether a criminal offence has been committed; |
| (c) | whether allowing the aircraft to continue could place the United Kingdom in breach of its obligations under the European Convention on Human Rights and for these purposes may search the aircraft. |
| (ii) | In order to comply with a power under subsection (4)(i) any item may be removed from the aircraft. |
(5) For the purposes of this section—
"an act of unlawful rendition" is an act involving the transportation of a person to a territory where international human rights standards, in particular protections against torture and inhuman and degrading treatment, are not observed, such transportation not being in accordance with formal lawful extradition or deportation procedures;
"a responsible person" means—
| (a) | the chief officer of police of a police force maintained for a police area in England and Wales; |
| (b) | the chief constable of a police force maintained under the Police (Scotland) Act 1967 (c. 77); |
| (c) | the Chief Constable of the Police Service of Northern Ireland; |
| (d) | one of the Commissioners for Her Majesty's Revenue and Customs.'. |
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| ©Parliamentary copyright 2006 | Prepared 10 May 2006 |