House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Public Bill Committee Proceedings: 24 February 2009
52

Policing and Crime Bill, continued

Clause 52 Agreed to.

James Brokenshire

Mr David Ruffley

Withdrawn  253

Clause  53,  page  65,  line  27,  at end insert ‘save that time during which the person

was outside the United Kingdom shall be disregarded for the purposes of consideration

for parole or early release in any event.’.

Mr Vernon Coaker

Agreed to  224

Clause  53,  page  66,  line  6,  leave out ‘or section 28 of the Crime (Sentences) Act

1997’.

Mr Vernon Coaker

Agreed to  225

Clause  53,  page  66,  line  11,  at end insert—

‘(c)
a duty to release the person under section 1, 1AA or 7(1) of the Prisoners

and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19

or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or

(d)
a duty to release the person under section 1 of the Northern Ireland

(Remission of Sentences‘) Act 1995, Article 26 of the Criminal Justice

(Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal

Justice (Northern Ireland) Order 2008.’.

Clause, as amended, Agreed to.

James Brokenshire

Mr David Ruffley

Not called  254

Clause  54,  page  66,  line  32,  at end insert ‘save that time during which the person

was outside the United Kingdom shall be disregarded for the purposes of consideration

for parole or early release in any event.’.

Mr Vernon Coaker

Agreed to  226

Clause  54,  page  67,  line  8,  leave out ‘or section 28 of the Crime (Sentences) Act

1997’.

Mr Vernon Coaker

Agreed to  227

Clause  54,  page  67,  line  13,  at end insert—

‘(c)
a duty to release the person under section 1, 1AA or 7(1) of the Prisoners

and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19

or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or

(d)
a duty to release the person under section 1 of the Northern Ireland

(Remission of Sentences) Act 1995, Article 26 of the Criminal Justice

Public Bill Committee Proceedings: 24 February 2009
53

Policing and Crime Bill, continued

(Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal

Justice (Northern Ireland) Order 2008.’.

Clause, as amended, Agreed to.

Mr Vernon Coaker

Agreed to  228

Clause  55,  page  69,  line  3,  leave out ‘or section 28 of the Crime (Sentences) Act

1997’.

Mr Vernon Coaker

Agreed to  229

Clause  55,  page  69,  line  8,  at end insert—

‘(iii)
a duty to release the person under section 1, 1AA or 7(1) of the

Prisoners and Criminal Proceedings (Scotland) Act 1993 or

section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and

Weapons (Scotland) Act 2007, or

(iv)
a duty to release the person under section 1 of the Northern

Ireland (Remission of Sentences) Act 1995, Article 26 of the

Criminal Justice (Northern Ireland) Order 1996 or Article 17 or

18(8) of the Criminal Justice (Northern Ireland) Order 2008;’.

Dr Evan Harris

Paul Holmes

Withdrawn  72

Clause  55,  page  70,  line  3,  leave out ‘the Secretary of State is not satisfied that the

return is compatible’ and insert ‘to do so would be incompatible’.

Dr Evan Harris

Paul Holmes

Not called  73

Clause  55,  page  70,  line  5,  after ‘1998’, insert ‘or any other international treaty

which the United Kingdom is a party to or would be contrary to the interests of justice.’.

Dr Evan Harris

Paul Holmes

Not called  74

Clause  55,  page  70,  line  5,  at end insert—

‘(1A)
If subsection (1) applies—

(a)
an undertaking to return a person to a territory given under section 153A

or 153C, and

(b)
any power given under section 153A and 153C by reference to the

undertaking are of no effect.’.

Clause, as amended, Agreed to.

Clauses 56 and 57 Agreed to.

Public Bill Committee Proceedings: 24 February 2009
54

Policing and Crime Bill, continued

Mr Vernon Coaker

Agreed to  230

Clause  58,  page  71,  leave out lines 18 and 19 and insert—

‘(2)
For subsections (2) and (3) substitute—

“(2)
The person must be brought before the appropriate judge within 48 hours

starting with the time when the person is arrested.

(2A)
The documents specified in subsection (4) must be produced to the judge

within 48 hours starting with the time when the person is arrested but this

is subject to any extension under subsection (3B).

(2B)
Subsection (3) applies if—

(a)
the person has been brought before the judge in compliance with

subsection (2); but

(b)
documents have not been produced to the judge in compliance

with subsection (2A).

(3)
The person must be brought before the judge when the documents are

produced to the judge.”’.

Mr Vernon Coaker

Agreed to  231

Clause  58,  page  71,  line  20,  at beginning insert ‘While the person is before the

judge in pursuance of subsection (2),’.

Mr Vernon Coaker

Agreed to  232

Clause  58,  page  71,  line  21,  leave out ‘(3)’ and insert ‘(2A)’.

Mr Vernon Coaker

Agreed to  233

Clause  58,  page  71,  line  24,  leave out ‘(2)’ and insert ‘(2A)’.

Mr Vernon Coaker

Agreed to  234

Clause  58,  page  71,  line  28,  leave out subsection (3D).

Mr Vernon Coaker

Agreed to  235

Clause  58,  page  71,  line  31,  at end insert—

‘(3A)
After subsection (5) insert—

“(5A)
Subsection (5B) applies if—

(a)
the person is before the judge in pursuance of subsection (2); and

(b)
the documents specified in subsection (4) have not been

produced to the judge.

(5B)
The judge must remand the person in custody or on bail (subject to

subsection (6)).”

(3B)
In subsection (6) after “subsection (2)” insert “, (2A) or (3)”.’.

Mr Vernon Coaker

Agreed to  236

Clause  58,  page  71,  line  32,  leave out subsection (4).

Public Bill Committee Proceedings: 24 February 2009
55

Policing and Crime Bill, continued

Mr Vernon Coaker

Agreed to  237

Clause  58,  page  71,  line  33,  at end insert—

‘(5)
After subsection (8) insert—

“(8A)
In calculating a period of 48 hours for the purposes of this section no

account is to be taken of—

(a)
any Saturday or Sunday;

(b)
Christmas Day;

(c)
Good Friday; or

(d)
any day falling within subsection (8B).

(8B)
The following days fall within this subsection—

(a)
in Scotland, any day prescribed under section 8(2) of the

Criminal Procedure (Scotland) Act 1995 as a court holiday in the

court of the appropriate judge;

(b)
in any part of the United Kingdom, any day that is a bank holiday

under the Banking and Financial Dealings Act 1971 in that part

of the United Kingdom.”’.

Mr Vernon Coaker

Agreed to  238

Clause  58,  page  71,  line  33,  at end insert—

‘(6)
In section 7(1)(b) of the Extradition Act 2003 (application of provisions for

verifying the identity of the person arrested) for “is arrested under section 5 and

section 6(2)” substitute “arrested under section 5 is brought before the appropriate

judge under section 6 and section 6(2A)”.’.

Dr Evan Harris

Paul Holmes

Not called  75

Page  71,  line  15,  leave out Clause 58.

Clause, as amended, Agreed to.

Clause 59 Agreed to.

Mr David Ruffley

James Brokenshire

Withdrawn  292

Clause  60,  page  74,  line  26,  after ‘officer’, insert ‘or a chief officer of another

police force who has lead responsibility for security or serious and organised operations

under any police force collaboration agreement relating to the area in which the

aerodrome is situated’.

Mr David Ruffley

James Brokenshire

Not called  293

Clause  60,  page  76,  line  26,  at end insert ‘or a chief officer of another police force

who has lead responsibility for security or serious and organised operations under any

police force collaboration agreement relating to the area in which the aerodrome is

Public Bill Committee Proceedings: 24 February 2009
56

Policing and Crime Bill, continued

situated’.

Mr David Ruffley

James Brokenshire

Not called  291

Clause  60,  page  78,  line  3,  leave out from ‘who’ to first ‘the’ in line 4 and insert

‘represents’.

Mr David Ruffley

James Brokenshire

Withdrawn  294

Clause  60,  page  78,  line  33,  at end insert ‘provided that such agreement required of

any individual shall not be unreasonably withheld’.

Mr David Ruffley

James Brokenshire

Not called  295

Clause  60,  page  78,  line  35,  at end insert ‘provided that such agreement required of

any individual shall not be unreasonably withheld’.

Mr Vernon Coaker

Agreed to  299

Clause  60,  page  80,  line  24,  after ‘to (6)’ insert ‘or (8)’.

Mr David Ruffley

James Brokenshire

Withdrawn  257

Clause  60,  page  81,  line  19,  at end insert ‘, or

(c)
a dispute about the costs of policing to be met by the aerodrome

manager.’.

Mr David Ruffley

James Brokenshire

Not called  296

Clause  60,  page  82,  line  3,  leave out ‘thinks’ and insert ‘reasonably believes’.

Mr David Ruffley

James Brokenshire

Not called  297

Clause  60,  page  82,  line  15,  at end insert ‘provided that the Secretary of State

believes that the amount of such payment in respect of costs is reasonable and

proportionate having regard to all the relevant circumstances.’.

Mr David Ruffley

James Brokenshire

Not called  298

Clause  60,  page  83,  line  27,  at end insert ‘provided that the Secretary of State

believes that the amount of such payment in respect of costs is reasonable and

proportionate having regard to all the relevant circumstances.’.

Mr Vernon Coaker

Agreed to  300

Clause  60,  page  83,  line  27,  at end insert—

Public Bill Committee Proceedings: 24 February 2009
57

Policing and Crime Bill, continued

‘(4A)
Subsection (4)(a) does not apply in relation to security measures taken by the

chief officer of police for the relevant police area.’.

Mr David Ruffley

James Brokenshire

Not called  255

Clause  60,  page  83,  line  39,  at end insert ‘and, for the avoidance of doubt, any such

appeal shall not be restricted to the judicial review of the Secretary of State’s decision.’.

Mr Vernon Coaker

Agreed to  301

Clause  60,  page  84,  line  7,  leave out ‘modifications specified in the order’ and

insert ‘specified modifications’.

Mr Vernon Coaker

Agreed to  302

Clause  60,  page  84,  line  18,  at end insert—

‘“dispute about security planning for an aerodrome”, “dispute about the

contents of an aeordrome security plan” and “dispute about the

implementation of an aerodrome security plan” have the meanings given

by section 24AM(2) to (4);’.

Clause, as amended, Agreed to.

Clause 61 Agreed to.

Mr David Ruffley

James Brokenshire

Withdrawn  258

Schedule  5,  page  133,  line  8,  at end insert—

    ‘(8)
In relation to disputes to which this section applies, the Secretary of State shall

require that the police provider provides all parties to the dispute full and

transparent information about the resource deployments and justifications for

those deployments.

      (9)
In determining disputes under this section, the Secretary of State shall have

regard to the principles of transparency and accountability in relation to the

policing costs that are reasonable to be born by the aerodrome manager.

    (10)
Such principles will have regard, inter alia, to the following—

(a)
whether an alternative police provider would have made different

operational resource judgements based on the identified risks (and

such comparison may include references to other airports with similar

risk profiles);

(b)
whether an alternative police provider would have provided those

resources at a lower cost.’.

Mr Vernon Coaker

Agreed to  303

Schedule  5,  page  134,  line  35,  at end insert—

‘10A
Omit section 30 (supplementary orders).’.

Public Bill Committee Proceedings: 24 February 2009
58

Policing and Crime Bill, continued

Mr Vernon Coaker

Agreed to  304

Schedule  5,  page  134,  line  41,  at end insert—

‘(ba)
before the definition of “immigration officer” insert—

‘“dispute about the policing of a relevant aerodrome” has the meaning given

by section 29A(2);”,’.

Mr Vernon Coaker

Agreed to  305

Schedule  5,  page  136,  line  24,  at end insert—

‘14(1)
The repeal of section 30 of the 1982 Act by paragraph 10A of this Schedule

does not affect—

(a)
the validity of an order made under that section (“a section 30 order”)

before commencement, or

(b)
the operation of subsections (4) and (5) of that section in relation to

such an order.

      (2)
In relation to any time on or after commencement, any reference in a provision

of a section 30 order to a designated airport is (if that provision is capable of

having continuing effect) to be read as a reference to a relevant aerodrome.

      (3)
In this paragraph “commencement” and “the 1982 Act” have the same

meanings as in paragraph 13.’.

Schedule, as amended, Agreed to.

Mr Vernon Coaker

Agreed to  308

Clause  62,  page  86,  line  36,  leave out ‘31,’.

Mr Vernon Coaker

Agreed to  309

Clause  62,  page  87,  line  1,  leave out ‘1 to 21’ and insert ‘2 to 6, 8 to 21’.

Mr Vernon Coaker

Agreed to  310

Clause  62,  page  87,  line  6,  after ‘(asp 14),’ insert—

‘(na)
the following enactments in the Safeguarding Vulnerable Groups

(Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) (including any

relevant headings)—

(i)
Articles 2, 5, 6, 8, 10, 19, 29, 37 to 49 and 52,

(ii)
paragraphs 2 to 6, 8 to 21, 23 and 25 of Schedule 1,

(iii)
paragraphs 4 and 8 of Schedule 2,

(iv)
paragraph 2 of Schedule 3, and

(v)
paragraphs 1 to 3 of Schedule 6,’.

Clause, as amended, Agreed to.