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Public Bill Committee: 3 February 2009                  

55

 

Policing and Crime Bill, continued

 
 

(b)    

the number of hours which the person is required to work, which

 

shall not exceed 24,

 

(c)    

the period during which the hours must be worked, provided that

 

it shall not commence more than two months from the date on

 

which the notice is agreed to under subsection (4)(b), and

 

(d)    

the officer of a provider of probation services or, in the case of a

 

person aged under 18, the member of a youth offending team to

 

whom the person must report, and the time by which he must so

 

report.

 

(7)    

The authorised officer issuing the notice under subsection (1) must give

 

a copy of the notice to the officer specified in accordance with subsection

 

(6)(d) to whom the person must report and any other information relating

 

to the case which he considers likely to be of assistance.

 

(8)    

A notice under subsection (1) must be in such form as the appropriate

 

person may by order prescribe.

 

(9)    

The provisions of section 47 of the Powers of Criminal Courts

 

(Sentencing) Act 2000 (c. 6) (obligations of person subject to community

 

punishment order) shall apply in respect of a community punishment

 

notice.

 

(10)    

For the purposes of this section a police officer or police community

 

support officer shall have the same powers to issue notices.”’.

 


 

Composition of police authorities

 

Paul Holmes

 

Chris Huhne

 

NC2

 

To move the following Clause:—

 

‘For section 4 of the Police Act 1996 (Membership of police authorities etc)

 

substitute—

 

         

“Composition of police authorities

 

(1)    

Where a police authority has the same boundary as a local council, that

 

council will be the police authority.

 

(2)    

Each police authority established under section 3 shall consist of 17

 

members.

 

(3)    

Where a police authority boundary and a local council boundary are not

 

coterminous, two-thirds of the members of the police authority shall be

 

directly elected by Single Transferable Vote.

 

(4)    

The members of the police authority subject to clause (3) above shall be

 

elected once every four years on the same day as all or most of the local

 

government elections in the force area.

 

(5)    

Elections per clauses (3) and (4) above shall be voted on by all members

 

of the population over the age of 18 who reside within the relevant police


 
 

Public Bill Committee: 3 February 2009                  

56

 

Policing and Crime Bill, continued

 
 

authority boundary and whom are eligible to vote in local government

 

elections.

 

(6)    

Where subsection (2) above applies, one-third of the members of the

 

police authorities shall be nominated from local councillors within the

 

police force area.

 

(7)    

Under subsection (1) or (2) above, police authorities may co-opt extra

 

members to ensure diversity, experience and expertise.

 

(8)    

In subsection (4) above, co-opted members may be—

 

(a)    

magistrates, or

 

(b)    

any person deemed appropriate by the exisiting members of the

 

police authority to which outside members are being co-opted.”’.

 


 

Appointment of chief constables and assistant chief constables

 

Paul Holmes

 

Chris Huhne

 

NC3

 

To move the following Clause:—

 

‘(1)    

The Police Act 1996 is amended as follows.

 

(2)    

In section 11(1) (appointment and removal of chief constables) leave out “but

 

subject to the approval of the Secretary of State”.

 

(3)    

In section 11(2) leave out “acting with the approval of the Secretary of State”.

 

(4)    

In section 11(3), leave out “ Before seeking the approval of the Secretary of State

 

under subsection (2),”.

 

(5)    

In section 12(2) (assistant chief constables) leave out “and subject to the approval

 

of the Secretary of State”.

 

(6)    

In section 12(5) leave out “ Secretary of State” and insert “relevant police

 

authority”.

 

(7)    

For section 2 (removal of chief constables etc) substitute—

 

“(1)    

A police authority may exercise its power under section 11 to call upon

 

the chief constable to retire in the interests of efficiency or effectiveness.

 

(2)    

Before requiring the exercise or the similar power exercisable with

 

respect to an assistant chief constable, the police authotity shall give the

 

chief constable or assistant chief constable an oppurtunity to make

 

representations to him and shall consider any representations so made.”’.

 



 
 

Public Bill Committee: 3 February 2009                  

57

 

Policing and Crime Bill, continued

 
 

Responsibilities of police authorities

 

Paul Holmes

 

Chris Huhne

 

NC4

 

To move the following Clause:—

 

‘(1)    

Each police authority will have the ability to determine its own local precept

 

agreement with the relevant local council or councils as appropriate to its

 

individual requirements.

 

(2)    

Each police authority will have the ability to determine its own fiscal priorities in

 

accordance with its individual requirements.

 

(3)    

The Secretary of State may not give unsolicited directions to police authorities on

 

local precepts, minimum budgets or fiscal priorities.

 

(4)    

Each police authority has a duty to consult with the Secretary of State, and to take

 

account of national policing authorities.

 

(5)    

The Police Act 1996 is amended as follows.

 

(6)    

In section 6(2) (general functions of police authorities), leave out paragraph (a).

 

(7)    

In section 6(2)(c) leave out “whether in compliance with a direction under section

 

38 or otherwise”.

 

(8)    

In section 6 subsection (3) is omitted.

 

(9)    

For section 37A (setting of strategic priorities for police authorities) substitute—

 

         

“Policing objectives

 

Each individual police authority must determine objectives for the

 

policing of their own local area.”

 

(10)    

For section 38 (setting of performance targets) substitute—

 

    

“Where an objective has been determined under section 37, the relevant

 

police authority shall establish levels of performance (performance

 

targets to be aimed at in seeking to achieve the objective).”

 

(11)    

Section 39 (Codes of Practice) is repealed.

 

(12)    

Section 41 (Directions as to a minimum budget) is repealed.

 

(13)    

Section 44 (Reports from Chief constables) is repealed.

 

(14)    

The Local Government Act 1999 is amended as follows.

 

(15)    

In section 31(9) (major precepting authorities: further recognition), after “1992”,

 

insert “, but excluding police authorities and the Metropolitan Police

 

Authority”.’.

 


 

Extraordinary rendition

 

Paul Holmes

 

Dr Evan Harris

 

Chris Huhne

 

NC5

 

To move the following Clause:—

 

‘After section 24B of the Aviation Security Act 1982 (c. 36) insert—


 
 

Public Bill Committee: 3 February 2009                  

58

 

Policing and Crime Bill, continued

 
 

“24C  

Police powers to search aeroplanes

 

(1)    

If the Secretary of State has any reaason to believe that an aircraft that is

 

in flight over the United Kingdom is or has been or may be involved in

 

an act of unlawful rendition then he or she may require the aircraft to land

 

at a suitable aerodrome.

 

(2)    

If an aircraft is required to land in accordance with subsection (1), a

 

responsible person must, as soon as practicable after the aircraft has

 

landed, enter and search the aircraft.

 

(3)    

The Secretary of State or a responsible person must enter and search an

 

aircraft if he or she has any reason to believe that—

 

(a)    

an aircraft in an aerodrome is or has been or may be involved in

 

an act of unlawful rendition; or

 

(b)    

in respect of an aircraft in an aerodrome, incomplete or incorrect

 

information under sections 32 and 33 of the Immigration,

 

Asylum and Nationality Act 2006 (c. 13) has been supplied.

 

(4)    

For the purposes of subsections (2) and (3), a search of an aircraft is to be

 

carried out to determine if—

 

(a)    

the aircraft has been, or may be involved in an act of unlawful

 

rendition,

 

(b)    

a criminal offence has been committed, or

 

(c)    

allowing the aircraft to continue on its journey could place the

 

United Kingdom in breach of its obligations under the European

 

Convention on Human Rights,

 

but these powers may only be exercised when it is not reasonably

 

practicable to apply for a warrant of entry in accordance with section 8 of

 

the Police and Criminal Evidence Act 1984 (c. 60).

 

(5)    

A person who carries out a search under this section may remove any

 

items from the aircraft if it may be evidence of any of the matters set out

 

in subsection (4).

 

(6)    

In this section—

 

“an act of unlawful rendition” means an act, not being in accordance with

 

formal lawful extradition or deportation procedures, involving the

 

forcible transportation of a person to a territory where he or she may be

 

subjected to torture and inhuman and degrading treatment;

 

“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 of Her Majesty’s Revenue and

 

Customs;

 

(e)    

a constable designated by any of the persons specified in

 

paragraphs (a) to (c).”’.

 

 

Order of the House [19 January 2009]

 

That the following provisions shall apply to the Policing and Crime Bill:


 
 

Public Bill Committee: 3 February 2009                  

59

 

Policing and Crime Bill, continued

 
 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 26 February 2009.

 

3.    

The Public Bill 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 messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [27 January 2009]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

 

27 January meet—

 

(a)  

at 4.00 pm on Tuesday 27 January;

 

(b)  

at 9.00 am and 1.00 pm on Thursday 29 January;

 

(c)  

at 10.30 am and 4.00 pm on Tuesday 3 February;

 

(d)  

at 9.00 am and 1.00 pm on Thursday 5 February;

 

(e)  

at 10.30 am and 4.00 pm on Tuesday 10 February;

 

(f)  

at 9.00 am and 1.00 pm on Thursday 12 February;

 

(g)  

at 10.30 am and 4.00 pm on Tuesday 24 February;

 

(h)  

at 9.00 am on Thursday 26 February;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table—

 

Date

Time

Witness

 
 

Tuesday 27 January

Until no later than

Association of Chief

 
  

12 noon

Police Officers of

 
   

England and Wales and

 
   

Northern Ireland;

 
   

Association of Police

 
   

Authorities; the Airport

 
   

Operators Association

 
 

Tuesday 27 January

Until no later than

The Poppy Project;

 
  

1.00 pm

English Collective of

 
   

Prostitutes; UK Network

 
   

of Sex Work Projects; the

 
   

Children’s Society;

 
   

Object

 
 

Tuesday 27 January

Until no later than

Alcohol Concern;

 
  

5.30 pm

Association of Chief

 
   

Police Officers of

 
   

England and Wales and

 
   

Northern Ireland; British

 
   

Beer and Pub

 
   

Association; Association

 
   

of Convenience Stores;

 
   

Local Government

 
   

Association

 
 

Tuesday 27 January

Until no later than

Association of Chief

 
  

7.00 pm

Police Officers of

 
   

England and Wales and

 
   

Northern Ireland; Serious

 
   

Organised Crime

 
   

Agency; Metropolitan

 
   

Police Force

 
 

Thursday 29 January

Until no later than

Liberty; the Bar Council

 
  

10.25 am

  
 

Thursday 29 January

Until no later than

Home Office;

 
  

3.00 pm

Department for Transport

 

 
 

Public Bill Committee: 3 February 2009                  

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Policing and Crime Bill, continued

 
 

(3)  

proceeding on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 16; Schedule 1; Clauses 17 to 20; Schedule 2;

 

Clauses 21 to 25; Schedule 3; Clauses 26 to 31; Schedule 4; Clauses 32 to 61;

 

Schedule 5; Clauses 62 to 86; Schedules 6 and 7; Clauses 87 to 91; new

 

Clauses; new Schedules; remaining proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 10.25 am on Thursday 26 February.

 

 

NOTICES WITHDRAWN

 

Mr David Ruffley

 

James Brokenshire

 

46

 

Clause  1,  page  1,  line  7,  after ‘people’, insert ‘and the business sector and

 

voluntary sector’.


 
 

Public Bill Committee: 3 February 2009                  

61

 

Policing and Crime Bill, continued

 
 

Mr David Ruffley

 

James Brokenshire

 

47

 

Clause  1,  page  1,  line  11,  after ‘people’, insert ‘and the business sector and

 

voluntary sector’.

 


 
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