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: 26 February 2009
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Policing and Crime Bill, continued

(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.

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

establishing a body to discharge the functions mentioned in paragraph

(6)(b) to (d).

(8)
The regulations may make provision amending, repealing, revoking or

otherwise modifying any provision made by or under an Act or Northern

Ireland legislation (including this Order).

(9)
The provision which may be made by virtue of paragraph (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)
The regulations may make—

(a)
supplementary, incidental or consequential provision, or

(b)
transitional, transitory or saving provision.

(11)
For the purposes of this Article—

(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.”

(3)
In Article 89 (procedure for orders and regulations) for “Article 29(4) or 46A”

substitute “Articles 29(4), 46A and 64B”.

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

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

Community punishments for graffiti and fly-posting

John Hemming

Paul Holmes

Withdrawn  NC1

To move the following Clause:—

‘After section 43 of the Anti-Social Behaviour Act 2003 (c.38) insert—

Public Bill Committee Proceedings: 26 February 2009
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Policing and Crime Bill, continued

“43A
Community punishments for graffiti and fly-posting

(1)
Where an authorised officer of a local authority has reason to believe that

a person has committed a relevant offence in the area of that authority, he

may give that person a notice offering him the opportunity of discharging

any liability to conviction for that offence by the completion of a

community service punishment in accordance with the notice.

(2)
But an authorised officer may not give a notice under subsection (1) if he

considers that the commission of the offence—

(a)
in the case of a relevant offence falling within section 44(1)(c),

also involves the commission of an offence under section 30 of

the Crime and Disorder Act 1998 (c. 37) (racially or religiously

aggravated criminal damage), or

(b)
in the case of any other relevant offence, was motivated (wholly

or partly) by hostility—

(i)
towards a person based upon his membership (or

presumed membership) of a racial or religious group, or

(ii)
towards the members of a racial or religious group based

on their membership of that group.

(3)
In the case of a relevant offence falling within section 44(1)(f), an

authorised officer may not give a notice to a person under subsection (1)

in relation to the display of an advertisement unless he has reason to

believe that that person personally affixed or placed the advertisement to,

against or upon the land or object on which the advertisement is or was

displayed.

(4)
Where a person is given a notice under subsection (1) in respect of an

offence—

(a)
no proceedings may be instituted for that offence (or any other

relevant offence arising out of the same circumstances) before

the expiration of the period of 14 days following the date of the

notice, and

(b)
he may not be convicted of that offence (or any other relevant

offence arising out of the same circumstances) if before the

expiration of that period he agrees in writing to undertake the

community punishment in accordance with the notice.

(5)
A notice under subsection (1) must give such particulars of the

circumstances alleged to constitute the offence as are necessary for

giving reasonable information of the offence.

(6)
A notice under subsection (1) must also state—

(a)
the period during which, by virtue of subsection (4), proceedings

will not be instituted for the offence,

(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.

Public Bill Committee Proceedings: 26 February 2009
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Policing and Crime Bill, continued

(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

Not called  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

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—

Public Bill Committee Proceedings: 26 February 2009
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Policing and Crime Bill, continued

(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

Not called  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.”’.

Responsibilities of police authorities

Paul Holmes

Chris Huhne

Not called  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.

Public Bill Committee Proceedings: 26 February 2009
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Policing and Crime Bill, continued

(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

Negatived  NC5

To move the following Clause:—

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

“24C
Police powers to search aeroplanes

(1)
If the Secretary of State has any reason 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

Public Bill Committee Proceedings: 26 February 2009
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Policing and Crime Bill, continued

(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).”’.

Premises licences: authorised persons, interested parties and responsible authorities

Lynda Waltho

Paul Holmes

Not called  NC6

To move the following Clause:—

‘(1)
The Licensing Act 2003 (c. 17) is amended as follows.

(2)
After section 13(3)(d), insert—

“(e)
a member of—

(i)
the licensing authority in whose area the premises are

situated, or

Public Bill Committee Proceedings: 26 February 2009
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Policing and Crime Bill, continued

(ii)
any other licensing authority if there are persons living

in the area of that authority or bodies in the area of that

authority who fall within subsection (3).’.

Forum

James Brokenshire

Mr David Ruffley

Not called  NC7

To move the following Clause:—

‘(1)
That the Police and Justice Act 2006 (c. 48) is amended by omitting paragraph 6

of Schedule 13.

(2)
Notwithstanding any provision to the contrary contained in the Police and Justice

Act 2006 or this Act, paragraphs 4 and 5 of Schedule 13 to the Police and Justice

Act 2006 shall come into force on the day on which this Act is passed.’.

Permitted temporary activities

Paul Holmes

Dr Evan Harris

Not selected  NC8

To move the following Clause:—

‘Schedule 4A (which makes provision about permitted temporary activities) has

effect.’.

Encrypted data: amendment of penalty and notification requirements

James Brokenshire

Mr David Ruffley

Not called  NC9

To move the following Clause:—

‘(1)
Section 53 of the Regulation of Investigatory Powers Act 2000 (c.23) (failure to

comply with a notice) is amended as follows.

(2)
In subsection 5A, after paragraph (a) insert—

“(aa)
where subsection 5C applies, five years;”.

(3)
After subsection 5B insert—

“(5C)
This section applies where—

(a)
the offender has been previously convicted of a relevant sexual

offence,