House of Commons Amendments

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Session 2008 - 09
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Notices of Amendments: 19 February 2009
234

Policing and Crime Bill, continued

  “(2)
If the Secretary of State has reason to believe that this paragraph might

apply to a person, the Secretary of State must refer the matter to ISA.

      (3)
If ISA is satisfied that this paragraph applies to the person, it must

include the person in the adults’ barred list.”

(5)
In paragraph 8 (inclusion in adults’ barred list subject to consideration of

representations) for sub-paragraphs (2) and (3) substitute—

  “(2)
If the Secretary of State has reason to believe that this paragraph might

apply to a person, the Secretary of State must refer the matter to ISA.

      (3)
If ISA is satisfied that this paragraph applies to the person, it must—

(a)
include the person in the adults’ barred list, and

(b)
give the person an opportunity to make representations as to

why the person should be removed from the adults’ barred

list.”

(6)
In paragraph 24(8) (Secretary of State to examine records of convictions or

cautions from time to time) for “whether the criteria apply to an individual”

substitute “whether there is reason to believe that the criteria might apply to an

individual”.’.

Member’s explanatory statement

This amendment adjusts the procedure for automatic barring so that it is the IBB that must be sat

isfied that a person has met prescribed criteria before the IBB is required to bar the person and

makes a consequential change to the duty on the Secretary of State to check records.

Barring process: Northern Ireland

Mr Vernon Coaker

NC32

To move the following Clause:—

‘(1)
Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order

2007 (S.I. 2007/1351 (N.I. 11)) (barred lists) is amended as follows.

(2)
In paragraph 1 (automatic inclusion in children’s barred list) for sub-paragraphs

(2) and (3) substitute—

  “(2)
If the Secretary of State has reason to believe that this paragraph might

apply to a person, the Secretary of State must refer the matter to ISA.

      (3)
If ISA is satisfied that this paragraph applies to the person, it must

include the person in the children’s barred list.”

(3)
In paragraph 2 (inclusion in children’s barred list subject to consideration of

representations) for sub-paragraphs (2) and (3) substitute—

  “(2)
If the Secretary of State has reason to believe that this paragraph might

apply to a person, the Secretary of State must refer the matter to ISA.

      (3)
If ISA is satisfied that this paragraph applies to the person, it must—

(a)
include the person in the children’s barred list, and

(b)
give the person an opportunity to make representations as to

why the person should be removed from the children’s barred

list.”

(4)
In paragraph 7 (automatic inclusion in adults’ barred list) for sub-paragraphs (2)

and (3) substitute—

Notices of Amendments: 19 February 2009
235

Policing and Crime Bill, continued

  “(2)
If the Secretary of State has reason to believe that this paragraph might

apply to a person, the Secretary of State must refer the matter to ISA.

      (3)
If ISA is satisfied that this paragraph applies to the person, it must

include the person in the adults’ barred list.”

(5)
In paragraph 8 (inclusion in adults’ barred list subject to consideration of

representations) for sub-paragraphs (2) and (3) substitute—

  “(2)
If the Secretary of State has reason to believe that this paragraph might

apply to a person, the Secretary of State must refer the matter to ISA.

      (3)
If ISA is satisfied that this paragraph applies to the person, it must—

(a)
include the person in the adults’ barred list, and

(b)
give the person an opportunity to make representations as to

why the person should be removed from the adults’ barred

list.”

(6)
In paragraph 24(8) (Secretary of State to examine records of convictions or

cautions from time to time) for “whether the criteria apply to an individual”

substitute “whether there is reason to believe that the criteria might apply to an

individual”.’.

Member’s explanatory statement

This amendment makes equivalent provision in relation to Northern Ireland to that made in rela

tion to England and Wales by amendment NC31.

James Brokenshire

Mr David Ruffley

343

Clause  86,  page  102,  line  13,  leave out subsections (7) and (8).

Injunctions to prevent gang-related violence

Mr Vernon Coaker

NC11


To move the following Clause:—

‘(1)
A court may grant an injunction under this section if two conditions are met.

(2)
The first condition is that the court is satisfied on the balance of probabilities that

the respondent has engaged in, or has encouraged or assisted, gang-related

violence.
5
(3)
The second condition is that the court thinks it is necessary to grant the injunction

for either or both of the following purposes—

(a)
to prevent the respondent from engaging in, or encouraging or assisting,

gang-related violence;

(b)
to protect the respondent from gang-related violence.
10
(4)
An injunction under this section may (for either or both of those purposes)—

(a)
prohibit the respondent from doing anything described in the injunction;

(b)
require the respondent to do anything described in the injunction.

(5)
In this section “gang-related violence” means violence or a threat of violence

which occurs in the course of the activities of a gang or is otherwise related to
15
such activities.’.

As an Amendment to Mr Vernon Coaker’s proposed New Clause (Injunctions to

prevent gang-related violence) (NC 11):—

Notices of Amendments: 19 February 2009
236

Policing and Crime Bill, continued

James Brokenshire

Mr David Ruffley

(a)

Line  15,  at end insert—

‘(6)
In this section “gang” shall mean a group of people who see themselves or are

seen by others as a discernable group and exhibit any one or more of the following

factors—

(a)
engaging in criminal activity;

(b)
identifying with a particular geographical area;

(c)
having some form of identifying organisational feature;

(d)
being in conflict with other similar gangs.’.

Consultation by applicants for injunctions

Mr Vernon Coaker

nc15


To move the following Clause:—

‘(1)
Before applying for an injunction under section [Applications for injunctions

under section [Injunctions to prevent gang-related violence]], the applicant must

comply with the consultation requirement.

(2)
In the case of an application by a chief officer of police, the consultation
5
requirement is that the chief officer (“the applicant chief officer”) must consult—

(a)
any local authority that the applicant chief officer considers it would be

appropriate to consult, and

(b)
any other chief officer of police whom the applicant chief officer

considers it would be appropriate to consult.
10
(3)
In the case of an application by the chief constable of the British Transport Police

Force, the consultation requirement is that the constable must consult—

(a)
any local authority that the constable considers it would be appropriate to

consult, and

(b)
any chief officer of police whom the constable considers it would be
15
appropriate to consult.

(4)
In the case of an application by a local authority, the consultation requirement is

that the local authority (“the applicant local authority”) must consult—

(a)
any chief officer of police whom the applicant local authority considers

it would be appropriate to consult, and
20
(b)
any other local authority that the applicant local authority considers it

would be appropriate to consult.’.

As Amendments to Mr Vernon Coaker’s proposed New Clause (Consultation by

applicants for injunctions) (NC 15):—

James Brokenshire

Mr David Ruffley

(a)

Line  9,  at end insert—

‘(c)
any primary care trust, mental health trust or other NHS authority that the

applicant chief officer considers would be appropriate to consult; and

Notices of Amendments: 19 February 2009
237

Policing and Crime Bill, continued

(d)
any youth offending team, local probation service or office of the

National Offender Management Service that the applicant chief officer

considers would be appropriate to consult.’.

James Brokenshire

Mr David Ruffley

(b)

Line  15,  at end insert—

‘(c)
any primary care trust, mental health trust or other NHS authority that the

constable considers would be appropriate to consult; and

(d)
any youth offending team, local probation service or office of the

National Offender Management Service that the constable considers

would be appropriate to consult.’.

James Brokenshire

Mr David Ruffley

(c)

Line  21,  at end insert—

‘(c)
any primary care trust, mental health trust or other NHS authority that the

applicant local authority considers would be appropriate to consult; and

(d)
any youth offending team, local probation service or office of the

National Offender Management Service that the applicant local authority

considers would be appropriate to consult.’.