sc2301024.1145-1151

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

1145

House of Commons

Tuesday 24th October 2006

Proceedings

on Consideration of Lords Amendments

Police and Justice Bill

Lords Amendment No. 36

Secretary John Reid
Agreed to on division

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

Lords Amendment accordingly Disagreed to.

Lords Amendment No. 81

Secretary John Reid
Agreed to on division

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

Lords Amendment accordingly Disagreed to.

Lords Amendment No. 82

Secretary John Reid
Agreed to

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

Lords Amendment accordingly Disagreed to.

Proceedings on Consideration of Lords Amendments: 24th October 2006
1146

Police and Justice Bill, continued

Lords Amendment No. 83

Secretary John Reid
Agreed to

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

Lords Amendment accordingly Disagreed to.

Lords Amendment No. 84

Secretary John Reid
Agreed to

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

Lords Amendment accordingly Disagreed to.

Lords Amendment No. 85

Secretary John Reid
Agreed to

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

Lords Amendment accordingly Disagreed to.

Lords Amendment No. 1

Secretary John Reid
Agreed to

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

Lords Amendment accordingly Disagreed to.

Lords Amendment No. 71

Secretary John Reid
Agreed to on division

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

Lords Amendment accordingly Disagreed to.

Proceedings on Consideration of Lords Amendments: 24th October 2006
1147

Police and Justice Bill, continued

Secretary John Reid

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

Secretary John Reid

Agreed to  (a)

Page  83,  leave out line 8.

Secretary John Reid

Agreed to  (b)

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

Secretary John Reid

Agreed to  (c)

Page  83,  leave out line 16.

Secretary John Reid

Agreed to  (d)

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

Secretary John Reid

Agreed to  (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

Agreed to  (f)

Page  84,  leave out lines 8 to 14.

Secretary John Reid

Agreed to  (g)

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

Secretary John Reid

Agreed to  (h)

Page  84,  leave out lines 17 to 23.

Secretary John Reid

Agreed to  (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—

Proceedings on Consideration of Lords Amendments: 24th October 2006
1148

Police and Justice Bill, continued

(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

Agreed to  (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

Agreed to  (k)

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

Lords Amendment No. 5

Secretary John Reid
Agreed to on division

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

Lords Amendment accordingly Disagreed to.

Lords Amendment No. 10

As Amendments to the Lords Amendment:—

Secretary John Reid

Agreed to  (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

Not called  (a)

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

Secretary John Reid

Agreed to  (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)—’.

Proceedings on Consideration of Lords Amendments: 24th October 2006
1149

Police and Justice Bill, continued

Secretary John Reid

Agreed to  (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

Not called  (b)

Leave out lines 49 and 50.

Secretary John Reid

Agreed to  (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, as amended, Agreed to on division.

Proceedings on Consideration of Lords Amendments: 24th October 2006
1150

Police and Justice Bill, continued

Lords Amendment No. 11

As Amendments to the Lords Amendment:—

Secretary John Reid

Agreed to  (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

Not called  (a)

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

Secretary John Reid

Agreed to  (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

Agreed to  (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

Agreed to  (e)

Line  72,  at end insert—

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

Secretary John Reid

Agreed to  (f)

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

Secretary John Reid

Agreed to  (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.

Proceedings on Consideration of Lords Amendments: 24th October 2006
1151

Police and Justice Bill, continued

      (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, as amended, Agreed to.

Lords Amendment No. 12

As Amendments to the Lords Amendment:—

Secretary John Reid

Agreed to  (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

Not called  (a)

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

Secretary John Reid

Agreed to  (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

Agreed to  (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

Agreed to  (e)

Line  51,  at end insert—