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Friday 20th October 2006

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Consideration of Lords Amendments


Police and Justice Bill


On Consideration of Lords Amendments to the Police and Justice Bill

Lords Amendment No. 1

Secretary John Reid

    To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 5

Secretary John Reid

    To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 10

As Amendments to the Lords Amendment:—

Secretary John Reid

(C)

* Line 18, leave out ‘sub-paragraph (1) above’ and insert ‘this Schedule’.

David Davis
Mr Edward Garnier
Nick Herbert
Damian Green
Patrick Mercer
Mr Dominic Grieve

(A)

Line 30, leave out ‘shall’ and insert ‘may’.

Secretary John Reid

(D)

* Line 30, leave out from ‘shall’ to end of line 31 and insert ‘consult the Secretary of State and (subject to subsection (2A) below)—’.

Secretary John Reid

(E)

* Line 48, at end insert—

    ‘(2A) The requirement in sub-paragraph (2) above to consult, and to send copies to, a person or body listed in paragraphs (b) to (k) of that sub-paragraph is subject to any agreement made between the Chief Inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement.’.

David Davis
Mr Edward Garnier
Nick Herbert
Damian Green
Patrick Mercer
Mr Dominic Grieve

(B)

Leave out lines 49 and 50.

Secretary John Reid

(F)

* Leave out lines 132 to 134 and insert—

    ‘5 (1) The Chief Inspector may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of his functions.

    (2) The Chief Inspector, acting jointly with the chief inspectors within sub-paragraph (3) below, shall prepare a document (a “joint inspection programme”) setting out—

      (a) what inspections he proposes to carry out in the exercise of the power conferred by sub-paragraph (1) above, and

      (b) what inspections the chief inspectors within sub-paragraph (3) below (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them.

    (3) The chief inspectors within this sub-paragraph are—

      (a) Her Majesty’s Chief Inspector of Constabulary;

      (b) Her Majesty’s Chief Inspector of the Crown Prosecution Service;

      (c) Her Majesty’s Chief Inspector of the National Probation Service for England and Wales;

      (d) Her Majesty’s Chief Inspector of Court Administration.

    (4) A joint inspection programme shall be prepared from time to time or at such times as the Secretary of State, Lord Chancellor and the Attorney General may jointly direct.

    (5) Sub-paragraphs (2), (2A) and (4) of paragraph 2 above apply to a joint inspection programme as they apply to a document prepared under that paragraph.

    (6) The Secretary of State, Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take.’.

Lords Amendment No. 11

As Amendments to the Lords Amendment:—

Secretary John Reid

(B)

* Line 18, leave out ‘sub-paragraph (1)’ and insert ‘this Schedule’.

David Davis
Mr Edward Garnier
Nick Herbert
Damian Green
Patrick Mercer
Mr Dominic Grieve

(A)

Line 30, leave out ‘shall’ and insert ‘may’.

Secretary John Reid

(C)

Line 30, leave out from ‘shall’ to end of line 31 and insert ‘consult the Secretary of State and (subject to subsection (2A))—’.

Secretary John Reid

(D)

* Line 48, at end insert—

    ‘(2A) The requirement in sub-paragraph (2) to consult, and to send copies to, a person or body listed in paragraphs (b) to (k) is subject to any agreement made between the Chief Inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement.’.

Secretary John Reid

(E)

* Line 72, at end insert—

        ‘( ) the Commission for Healthcare Audit and Inspection;’.

Secretary John Reid

(F)

* Line 81, at end insert ‘or any other enactment’.

Secretary John Reid

(G)

Leave out lines 131 to 133 and insert—

    ‘5 (1) The inspectors of constabulary may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of their functions.

    (2) The chief inspector of constabulary, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a “joint inspection programme”) setting out—

      (a) what inspections the inspectors of constabulary propose to carry out in the exercise of the power conferred by sub-paragraph (1), and

      (b) what inspections the chief inspectors within paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them.

    (3) The chief inspectors within this sub-paragraph are—

      (a) Her Majesty’s Chief Inspector of Prisons;

      (b) Her Majesty’s Chief Inspector of the Crown Prosecution Service;

      (c) Her Majesty’s Chief Inspector of the National Probation Service for England and Wales;

      (d) Her Majesty’s Chief Inspector of Court Administration.

    (4) A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, Lord Chancellor and the Attorney General may jointly direct.

    (5) Sub-paragraphs (2), (2A) and (4) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph.

    (6) The Secretary of State, Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take.’.

Lords Amendment No. 12

As Amendments to the Lords Amendment:—

Secretary John Reid

(B)

* Line 18, leave out ‘sub-paragraph (1)’ and insert ‘this Schedule’.

David Davis
Mr Edward Garnier
Nick Herbert
Damian Green
Patrick Mercer
Mr Dominic Grieve

(A)

Line 29, leave out ‘shall’ and insert ‘may’.

Secretary John Reid

(C)

* Line 29, leave out from ‘shall’ to end of line 30 and insert ‘consult the Attorney General and (subject to subsection (2A))—’.

Secretary John Reid

(D)

* Line 46, at end insert—

    ‘(2A) The requirement in sub-paragraph (2) to consult, and to send copies to, a person or body listed in paragraphs (b) to (k) is subject to any agreement made between the Chief Inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement.’.

Secretary John Reid

(E)

* Line 51, at end insert—

    Inspections by other inspectors of organisations within remit of Chief Inspector

    2A (1) If—

      (a) a person or body within sub-paragraph (2) is proposing to carry out an inspection that would involve inspecting a specified organisation, and

      (b) the Chief Inspector considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner,

    the Chief Inspector shall, subject to sub-paragraph (6), give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner.

    (2) The persons or bodies within this sub-paragraph are those that are specified by an order made by the Attorney General.

    (3) In sub-paragraph (1)(a) “specified organisation” means a person or body specified by an order made by the Attorney General.

    (4) A person or body may be specified under sub-paragraph (3) only if it exercises functions in relation to any matter falling with the scope of the duties of the Chief Inspector under this Act or any other enactment.

    (5) A person or body may be specified under sub-paragraph (3) in relation to particular functions that it has.

    In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified.

    (6) The Attorney General may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.

    (7) Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice.

    This is subject to sub-paragraph (8).

    (8) The Attorney General, if satisfied that the proposed inspection—

      (a) would not impose an unreasonable burden on the organisation in question, or

      (b) would not do so if carried out in a particular manner,

    may give consent to the inspection being carried out, or being carried out in that manner.

    (9) The Attorney General may by order make provision supplementing that made by this paragraph, including in particular—

      (a) provision about the form of notices;

      (b) provision prescribing the period within which notices are to be given;

      (c) provision prescribing circumstances in which notices are, or are not, to be made public;

      (d) provision for revising or withdrawing notices;

      (e) provision for setting aside notices not validly given.’.

Secretary John Reid

(F)

Leave out lines 71 to 73 and insert—

    ‘4 (1) The Chief Inspector may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of his functions.

    (2) The Chief Inspector, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a “joint inspection programme”) setting out—

      (a) what inspections he proposes to carry out in the exercise of the power conferred by sub-paragraph (1), and

      (b) what inspections the chief inspectors within sub-paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them.

    (3) The chief inspectors within this sub-paragraph are—

      (a) Her Majesty’s Chief Inspector of Prisons;

      (b) Her Majesty’s Chief Inspector of Constabulary;

      (c) Her Majesty’s Chief Inspector of the National Probation Service for England and Wales;

      (d) Her Majesty’s Chief Inspector of Court Administration.

    (4) A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, Lord Chancellor and the Attorney General may jointly direct.

    (5) Sub-paragraphs (2), (2A) and (4) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph.

    (6) (5) The Secretary of State, Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take.’.

Lords Amendment No. 13

As Amendments to the Lords Amendment:—

Secretary John Reid

(B)

* Line 19, leave out ‘sub-paragraph (1)’ and insert ‘this Schedule’.

David Davis
Mr Edward Garnier
Nick Herbert
Damian Green
Patrick Mercer
Mr Dominic Grieve

(A)

Line 30, leave out ‘shall’ and insert ‘may’.

Secretary John Reid

(C)

* Line 30, leave out from ‘shall’ to end of line 31 and insert ‘consult the Secretary of State and (subject to subsection (2A))—’.

Secretary John Reid

(D)

* Line 47, at end insert—

    ‘(2A) The requirement in sub-paragraph (2) to consult, and to send copies to, a person or body listed in paragraphs (b) to (k) is subject to any agreement made between the Chief Inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement.’.

Secretary John Reid

(E)

* Line 53, leave out ‘Chief Inspector’s’ and insert ‘inspectorate’s’.

Secretary John Reid

(F)

* Line 66, at end insert—

      ‘( ) Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;’.

Secretary John Reid

(G)

Leave out lines 125 to 127 and insert—

    ‘5 (1) The inspectorate may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of the inspectorate’s functions.

    (2) The chief inspector, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a “joint inspection programme”) setting out—

      (a) what inspections the inspectorate proposes to carry out in the exercise of the power conferred by sub-paragraph (1), and

      (b) what inspections the chief inspectors within sub-paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them.

    (3) The chief inspectors within this sub-paragraph are—

      (a) Her Majesty’s Chief Inspector of Prisons;

      (b) Her Majesty’s Chief Inspector of Constabulary;

      (c) Her Majesty’s Chief Inspector of the Crown Prosecution Service;

      (d) Her Majesty’s Chief Inspector of Court Administration.

    (4) A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, Lord Chancellor and the Attorney General may jointly direct.

    (5) Sub-paragraphs (2), (2A) and (4) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph.

    (6) The Secretary of State, Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take.’.

Lords Amendment No. 14

As Amendments to the Lords Amendment:—

Secretary John Reid

(B)

* Line 18, leave out ‘sub-paragraph (1)’ and insert ‘this Schedule’.

David Davis
Mr Edward Garnier
Nick Herbert
Damian Green
Patrick Mercer
Mr Dominic Grieve

(A)

Line 29, leave out ‘shall’ and insert ‘may’.

Secretary John Reid

(C)

* Line 29, leave out from ‘shall’ to end of line 31 and insert ‘consult the Lord Chancellor, the Lord Chief Justice of England and Wales and (subject to subsection (2A))—’.

Secretary John Reid

(D)

* Line 48, at end insert—

    ‘(2A) The requirement in sub-paragraph (2) to consult, and to send copies to, a person or body listed in paragraphs (c) to (l) is subject to any agreement made between the Chief Inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement.’.

Secretary John Reid

(E)

* Line 54, leave out ‘Chief Inspector’s’ and insert ‘inspectors’’.

Secretary John Reid

(F)

* Line 75, after ‘of’, insert ‘the duties of’.

Secretary John Reid

(G)

* Line 107, leave out ‘Chief Inspector’ and insert ‘inspectors of court administration’.

Secretary John Reid

(H)

* Line 124, leave out ‘his functions’ and insert ‘the inspectors’ functions’.

Secretary John Reid

(I)

Leave out lines 126 to 128 and insert—

    ‘5 (1) The inspectors of court administration may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of the inspectors’ functions.

    (2) The Chief Inspector, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a “joint inspection programme”) setting out—

      (a) what inspections the inspectors of court administration propose to carry out in the exercise of the power conferred by sub-paragraph (1), and

      (b) what inspections the chief inspectors within sub-paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them.

    (3) The persons and bodies within this sub-paragraph are—

      (a) Her Majesty’s Chief Inspector of Prisons;

      (b) Her Majesty’s Chief Inspector of Constabulary;

      (c) Her Majesty’s Chief Inspector of the Crown Prosecution Service;

      (d) Her Majesty’s Chief Inspectorate of the National Probation Service for England and Wales.

    (4) A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, Lord Chancellor and the Attorney General may jointly direct.

    (5) Sub-paragraphs (2), (2A) and (4) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph.

    (6) The Secretary of State, Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take.’.

Secretary John Reid

(J)

* Line 130, leave out ‘Chief Inspector may if he thinks’ and insert ‘inspectors of court administration may if they think’.

Lords Amendment No. 36

Secretary John Reid

    To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 71

Secretary John Reid

    To move, That this House disagrees with the Lords in their Amendment.

Secretary John Reid

    To move the following Amendments to the words so restored to the Bill:—

Secretary John Reid

(A)

* Page 83, leave out line 8.

Secretary John Reid

(B)

* Page 83, line 9, leave out from ‘force’ to end of line 10.

Secretary John Reid

(C)

* Page 83, leave out line 16.

Secretary John Reid

(D)

* Page 83, line 17, leave out from ‘force’ to end of line 18.

Secretary John Reid

(E)

* Page 84, line 7, at end insert—

      ‘( ) The Secretary of State shall not give a direction under this section unless Her Majesty’s Chief Inspector of Constabulary has been given—

        (a) the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and

        (b) an opportunity of making written observations about those grounds.

      The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.”

Secretary John Reid

(F)

* Page 84, leave out lines 8 to 14.

Secretary John Reid

(G)

* Page 84, line 15, leave out ‘chief officer of police or’.

Secretary John Reid

(H)

* Page 84, leave out lines 17 to 23.

Secretary John Reid

(I)

* Page 85, line 16, at end insert—

      ‘( ) The Secretary of State shall not give a direction under this section unless Her Majesty’s Chief Inspector of Constabulary has been given—

        (a) the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and

        (b) an opportunity of making written observations about those grounds.

      The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.”

Secretary John Reid

(J)

* Page 85, leave out lines 32 to 35 and insert—

        ‘(a) the Association of Police Authorities;

        (b) the Association of Chief Police Officers; and’.

Secretary John Reid

(K)

* Page 85, line 45, leave out from beginning to end of line 2 on page 46.

Lords Amendment No. 81

Secretary John Reid

    To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 82

Secretary John Reid

    To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 83

Secretary John Reid

    To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 84

Secretary John Reid

    To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 85

Secretary John Reid

    To move, That this House disagrees with the Lords in their Amendment.

ORDER OF THE HOUSE [6TH MARCH 2006]

       That the following provisions shall apply to the Police and Justice Bill:

Committal

        1. The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

        2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 28th March 2006.

        3. The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further message from the Lords) may be programmed.


 
 
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Prepared: 23 October 2006