House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

15
111
Page 89, line 3, after “question” insert “mentioned in subsection (3)”
112
Page 89, line 16, leave out subsections (8) and (9)
Clause 129
113
Leave out Clause 129 and insert the following new Clause—

“
Power to alter penalty for unlawfully obtaining etc. personal data

(1)
The Secretary of State may by order provide for a person who is guilty of

an offence under section 55 of the Data Protection Act 1998 (c. 29) (unlawful

obtaining etc. of personal data) to be liable—

(a)
on summary conviction, to imprisonment for a term not exceeding

the specified period or to a fine not exceeding the statutory

maximum or to both,

(b)
on conviction on indictment, to imprisonment for a term not

exceeding the specified period or to a fine or to both.

(2)
In subsection (1)(a) and (b) “specified period” means a period provided for

by the order but the period must not exceed—

(a)
in the case of summary conviction, 12 months (or, in Northern

Ireland, 6 months), and

(b)
in the case of conviction on indictment, two years.

(3)
The Secretary of State must ensure that any specified period for England

and Wales which, in the case of summary conviction, exceeds 6 months is

to be read as a reference to 6 months so far as it relates to an offence

committed before the commencement of section 282(1) of the Criminal

Justice Act 2003 (c. 44) (increase in sentencing powers of magistrates’

courts from 6 to 12 months for certain offences triable either way).

(4)
Before making an order under this section, the Secretary of State must

consult—

(a)
the Information Commissioner,

(b)
such media organisations as the Secretary of State considers

appropriate, and

(c)
such other persons as the Secretary of State considers appropriate.

(5)
An order under this section may, in particular, amend the Data Protection

Act 1998 (c. 29).”
After Clause 129
114
Insert the following new Clause—

“New defence for purposes of journalism and other special purposes

In section 55(2) of the Data Protection Act 1998 (c. 29) (defences against

offence of unlawfully obtaining etc. personal data) after “it,” at the end of

paragraph (c) insert—

“(ca)
that he acted—

(i)
for the special purposes,

(ii)
with a view to the publication by any person of any

journalistic, literary or artistic material, and

16

(iii)
in the reasonable belief that in the particular

circumstances the obtaining, disclosing or procuring

was justified as being in the public interest,”.”
115
Insert the following new Clause—

“Data protection: additional offences

(1)
After section 55 of the Data Protection Act 1998 (c. 29) insert—

“55A
Data protection: additional offences

(1)
A data controller must not—

(a)
intentionally or recklessly disclose information contained in

personal data to another person,

(b)
repeatedly and negligently allow information to be

contained in personal data to be disclosed, or

(c)
intentionally or recklessly fail to comply with duties under

section 4(4).

(2)
Subsection (1)(a) does not apply if the data controller can show that

the disclosure—

(a)
was necessary for the purpose of preventing or detecting

crime,

(b)
was required or authorised by or under any enactment, by

any rule of law, or by the order of a court, or

(c)
was justified in the particular circumstances as being in the

public interest.

(3)
This section shall apply whether or not the data controller is—

(a)
a relevant authority under section 29, or

(b)
exercising a relevant function under section 31.

(4)
A data controller who contravenes subsection (1) is guilty of an

offence.”

(2)
Section 63(5) of that Act ceases to have effect in relation to government

departments other than the Crown Estate Commissioners.”
116
Insert the following new Clause—

“Abolition of common law offences of blasphemy and blasphemous libel

(1)
The offences of blasphemy and blasphemous libel under the common law

of England and Wales are abolished.

(2)
In section 1 of the Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8) (orders

for seizure of copies of blasphemous or seditious libel) the words “any

blasphemous libel, or” are omitted.

(3)
In sections 3 and 4 of the Law of Libel Amendment Act 1888 (c. 64)

(privileged matters) the words “blasphemous or” are omitted.

(4)
Subsections (2) and (3) (and the related repeals in Schedule 38) extend to

England and Wales only.”

17

Clause 148
117
Page 106, line 33, after “conditions” insert “as specified in section (Provisions that

orders may contain)”
118
Page 106, line 36, leave out “a period of at least 2 years” and insert “such period of

not less than 2, nor more than 5, years as is“
119
Page 107, line 1, leave out “the” and insert “a current“
120
Page 107, line 9, leave out “or”
121
Page 107, line 10, at end insert “; or

(f)
a relevant service offence.

(4)
The following are relevant service offences—

(a)
any offence under—

(i)
section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

(ii)
section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or

(iii)
section 42 of the Naval Discipline Act 1957 (c. 53),


of which the corresponding civil offence (within the meaning of the

section in question) is an offence within any of paragraphs (a) to (e)

of subsection (3) above; and

(b)
any offence under section 42 of the Armed Forces Act 2006 (c. 52) as

respects which the corresponding offence under the law of England

and Wales (within the meaning of that section) is an offence within

any of those paragraphs.

(5)
Section 48 of the Armed Forces Act 2006 (c. 52) (attempts, conspiracy etc.)

applies for the purposes of subsection (4)(b) as if the reference in subsection

(3)(b) of that section to any of the following provisions of that Act were a

reference to subsection (4)(b).”
Clause 149
122
Page 107, line 12, after “person” insert “aged 18 or over who is”
123
Page 107, line 15, leave out from “and” to end of line 16 and insert “either—

(i)
a custodial sentence of at least 12 months was imposed for

the offence, or

(ii)
a hospital order was made in respect of it (with or without a

restriction order),”
124
Page 107, line 28, leave out from “and” to end of line 30 and insert “either—

(i)
a sentence of imprisonment or other detention for at least 12

months was imposed for the offence, or

(ii)
an order equivalent to that mentioned in subsection (3)(a)

was made in respect of it,”
Clause 150
125
Page 108, line 27, leave out subsection (4)
Clause 151
126
Page 109, line 2, leave out subsection (1) and insert—

18

“(1)
This section applies where an application is made to a magistrates’ court

under section 150 in respect of a person (“P”).

(1A)
After hearing—

(a)
the applicant, and

(b)
P, if P wishes to be heard,


the court may make a violent offender order in respect of P if it is satisfied

that the conditions in subsection (2) are met.”
After Clause 151
127
Insert the following new Clause—

“Provisions that orders may contain

(1)
The order may contain prohibitions, restrictions or conditions preventing

the offender—

(a)
from going to any specified premises or any other specified place

(whether at all, or at or between any specified time or times);

(b)
from attending any specified event;

(c)
from having any, or any specified description of, contact with any

specified individual.

(2)
Any of the prohibitions, restrictions or conditions imposed by a violent

offender order may relate to conduct in Scotland or Northern Ireland (as

well as to conduct in England and Wales).

(3)
In this section “specified” means specified in the order.

(4)
The Secretary of State may amend subsection (1).

(5)
Any order made under subsection (4) may not be made unless a draft of the

instrument has been laid before, and approved by resolution of, each

House of Parliament.”
Clause 152
128
Page 109, line 23, leave out from “court” to end of line 24 and insert—

“(a)
for an order varying or discharging a violent offender order;

(b)
for an order (a “renewal order”) renewing a violent offender order

for such period of not more than 5 years as is specified in the

renewal order.”
129
Page 110, line 10, after “force” insert “under section 151”
Clause 153
130
Page 110, line 25, leave out subsection (3) and insert—

“(3)
If it appears to the court—

(a)
that the person to whom the main application relates (“P”) is a

qualifying offender,

(b)
that, if the court were determining that application, it would be

likely to make a violent offender order in respect of P, and

19

(c)
that it is desirable to act before that application is determined, with

a view to securing the immediate protection of the public from the

risk of serious violent harm caused by P,


the court may make an interim violent offender order in respect of P that

contains such prohibitions, restrictions or conditions as it considers

necessary for the purpose of protecting the public from the risk of such

harm.”
131
Page 110, line 39, leave out subsections (5) and (6) and insert—

“( )
An interim violent offender order—

(a)
has effect only for such period as is specified in the order, and

(b)
ceases to have effect (if it has not already done so) at the appropriate

time.”
132
Page 111, line 6, leave out from first “applies” to “a” and insert “in relation to the

variation or discharge of an interim violent offender order as it applies in relation

to the variation or discharge of”
After Clause 153
133
Insert the following new Clause—


“Notice of applications

(1)
This section applies to—

(a)
any application under section 150 for a violent offender order,

(b)
any application under section 153 for an interim violent offender

order, and

(c)
any application under section 152 for the variation, discharge or

renewal of a violent offender order, or for the variation or discharge

of an interim violent offender order.

(2)
A magistrates’ court may not begin hearing such an application unless it is

satisfied that the relevant person has been given notice of—

(a)
the application, and

(b)
the time and place of the hearing,


a reasonable time before the hearing.

(3)
In this section “the relevant person” means—

(a)
the person to whom the application mentioned in subsection (1)(a)

or (b) relates, or

(b)
the person in respect of whom the order mentioned in subsection

(1)(c) has been made,

as the case may be.”
Clause 155
134
Leave out Clause 155
Clause 157
135
Page 113, line 18, at end insert “or kept in service custody”