House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 24 February 2009
293

Policing and Crime Bill, continued

(a)
must notify any person who is registered in relation to B under

Article 34 in relation to regulated activity relating to vulnerable

adults, and

(b)
may notify any other person who it is satisfied falls within

paragraph (2).

(2)
The following fall within this paragraph—

(a)
any person who is permitting B to engage in regulated activity

relating to vulnerable adults,

(b)
any responsible person (within the meaning of Article 27) who is

permitting B to engage in controlled activity relating to

vulnerable adults.

(3)
A notification under this Article must—

(a)
explain that ISA has not yet taken a final decision about whether

to include B in the barred list, and

(b)
include such information as ISA thinks appropriate about its

reasons for proposing to include B in the barred list.

(4)
The requirement to notify a person under paragraph (1)(a) is satisfied if

notification is sent to any address recorded against that person’s name in

the register.

36C
Articles 36A and 36B: notification of outcome

(1)
Paragraph (2) applies if ISA—

(a)
has notified a person (A) under Article 36A or 36B that it

proposes to include another (B) in a barred list, and

(b)
includes B in the barred list or decides not to do so.

(2)
ISA must notify A that it has included B in the barred list or that it has

decided not to do so (as the case may be).

(3)
In a case where A is registered in relation to B under Article 34 (or has

ceased to be so registered by virtue of B’s inclusion in the barred list), the

requirement in paragraph (2) is satisfied if notification is sent to any

address recorded (or, as the case may be, formerly recorded) against A’s

name in the register.”

(3)
In Article 33 (vetting information)—

(a)
in paragraphs (2) and (3), omit sub-paragraph (b) and the “, and”

immediately before it, and

(b)
omit paragraphs (4) and (5).’.

Member’s explanatory statement

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

relation to England and Wales by amendment NC27.

Provision of safeguarding information to the police: England and Wales

Mr Vernon Coaker

NC29

To move the following Clause:—

Public Bill Committee: 24 February 2009
294

Policing and Crime Bill, continued

‘After section 50 of the Safeguarding Vulnerable Groups Act 2006 (c. 47)

insert—

“Provision of information to the police

50A
Provision of information to the police

(1)
ISA may provide any information it has to a chief officer of police for use

for any of the following purposes—

(a)
the prevention, detection and investigation of crime;

(b)
the apprehension and prosecution of offenders.

(2)
The power conferred by subsection (1) does not limit any other power of

ISA to provide information for any purpose or to any person.”’.

Member’s explanatory statement

This amendment empowers the IBB to provide information that it has to the police, for use by the

police for the purposes set out in the amendment.

Provision of safeguarding information to the police: Northern Ireland

Mr Vernon Coaker

NC30

To move the following Clause:—

‘After Article 52 of the Safeguarding Vulnerable Groups (Northern Ireland)

Order 2007 (S.I. 2007/1351 (N.I. 11)) insert—

“Provision of information to the police

52A
Provision of information to the police

(1)
ISA may provide any information it has to the chief constable of the

Police Service of Northern Ireland for use for any of the following

purposes—

(a)
the prevention, detection and investigation of crime;

(b)
the apprehension and prosecution of offenders.

(2)
The power conferred by paragraph (1) does not limit any other power of

ISA to provide information for any purpose or to any person.”’.

Member’s explanatory statement

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

relation to England and Wales by amendment NC29.

Public Bill Committee: 24 February 2009
295

Policing and Crime Bill, continued

Barring process: England and Wales

Mr Vernon Coaker

NC31

To move the following Clause:—

‘(1)
Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) (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—

  “(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

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

Public Bill Committee: 24 February 2009
296

Policing and Crime Bill, continued

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—

  “(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

Public Bill Committee: 24 February 2009
297

Policing and Crime Bill, continued

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

relation to England and Wales by amendment NC31.

Retention and destruction of samples etc: England and Wales

Mr Vernon Coaker

NC33


To move the following Clause:—

‘(1)
After section 64A of the Police and Criminal Evidence Act 1984 (c. 60) insert—

“64B
Retention and destruction of samples etc

(1)
The Secretary of State may by regulations make provision as to the

retention, use and destruction of material to which this section applies.

(2)
This section applies to the following material—

(a)
photographs falling within a description specified in the

regulations,

(b)
fingerprints taken from a person in connection with the

investigation of an offence,

(c)
impressions of footwear so taken from a person,

(d)
DNA and other samples so taken from a person,

(e)
information derived from DNA samples so taken from a person.

(3)
The regulations may—

(a)
make different provision for different cases, and

(b)
make provision subject to such exceptions as the Secretary of

State thinks fit.

(4)
The regulations may frame any provision or exception by reference to an

approval or consent given in accordance with the regulations.

(5)
The regulations may confer functions on persons specified or described

in the regulations.

(6)
The functions which may be conferred by virtue of subsection (5) include

those of—

(a)
providing information about the operation of regulations made

under this section,

(b)
keeping their operation under review,

(c)
making reports to the Secretary of State about their operation,

and

(d)
making recommendations to the Secretary of State about the

retention, use and destruction of material to which this section

applies.

(7)
The regulations may make provision for and in connection with

establishing a body to discharge the functions mentioned in subsection

(6)(b) to (d).

Public Bill Committee: 24 February 2009
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(8)
The regulations may make provision amending, repealing, revoking or

otherwise modifying any provision made by or under an Act (including

this Act).

(9)
The provision which may be made by virtue of subsection (8) includes

amending or otherwise modifying any provision so as to impose a duty

or confer a power to make an order, regulations, a code of practice or any

other instrument.

(10)
For the purposes of this section—

(a)
“photograph” includes a moving image, and

(b)
the reference to a DNA sample is a reference to any material that

has come from a human body and consists of or includes human

cells.

64C
Retention and destruction of samples etc: supplementary

(1)
Regulations under section 64B may make—

(a)
supplementary, incidental or consequential provision, or

(b)
transitional, transitory or saving provision.

(2)
Regulations under that section are to be made by statutory instrument.

(3)
An instrument containing regulations under that section may not be made

unless a draft of the instrument has been laid before, and approved by

resolution of, each House of Parliament.”

(2)
The amendment made by subsection (1) applies in relation to material obtained

before or after the commencement of this section.’.

Member’s explanatory statement

This amendment, responding to the ECtHR judgment in S and Marper v UK on 4 December 2008,

would amend the Police and Criminal Evidence Act 1984, creating a power to make regulations

on the retention, use and destruction of photographs, fingerprints, footwear impressions, DNA and

other samples and DNA profiles.

Retention and destruction of samples etc: service offences

Mr Vernon Coaker

NC34


To move the following Clause:—

‘(1)
Section 113 of the Police and Criminal Evidence Act 1984 (c. 60) (application to

armed forces) is amended as follows.

(2)
After subsection (1) insert—

“(1A)
The Secretary of State may by order make provision as to the retention,

use and destruction of material obtained in connection with the

investigation of a service offence which is equivalent to the provision

made by regulations under section 64B, subject to such modifications as

the Secretary of State considers appropriate.”

(3)
In subsection (3) after paragraph (a) insert—

“(aa)
the exercise of functions conferred by an order under subsection

(1A); or”.

Public Bill Committee: 24 February 2009
299

Policing and Crime Bill, continued

(4)
The amendments made by subsections (2) and (3) apply in relation to material

obtained before or after the commencement of this section.’.

Member’s explanatory statement

This amendment would allow equivalent provision to be made to that under the power in

amendment NC33, in relation to service offences as defined in the Armed Forces Act 2006.

Retention and destruction of samples etc: Northern Ireland

Mr Vernon Coaker

NC35


To move the following Clause:—

‘(1)
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/3141

(N.I. 12)) is amended as follows.

(2)
After Article 64A insert—

“64B
Retention and destruction of samples etc

(1)
The Secretary of State may by regulations make provision as to the

retention, use and destruction of material to which this Article applies.

(2)
This Article applies to the following material—

(a)
photographs falling within a description specified in the

regulations,

(b)
fingerprints taken from a person in connection with the

investigation of an offence,

(c)
impressions of footwear so taken from a person,

(d)
DNA and other samples so taken from a person,

(e)
information derived from DNA samples so taken from a person.

(3)
The regulations may—

(a)
make different provision for different cases, and

(b)
make provision subject to such exceptions as the Secretary of

State thinks fit.

(4)
The regulations may frame any provision or exception by reference to an

approval or consent given in accordance with the regulations.

(5)
The regulations may confer functions on persons specified or described

in the regulations.

(6)
The functions which may be conferred by virtue of paragraph (5) include

those of—

(a)
providing information about the operation of regulations made

under this Article,

(b)
keeping their operation under review,

(c)
making reports to the Secretary of State about their operation,

and

(d)
making recommendations to the Secretary of State about the

retention, use and destruction of material to which this Article

applies.