Consideration of Bill: 19 May 2009

943

Policing and Crime Bill, continued

(4)	The Committee on Standards and Privileges must—

(a)	consider the matter as soon as reasonably practicable, and

(b)	report to the House of Commons its opinion as to whether the refusal was

unreasonable, having regard to the question whether the matters subject

to investigation related exclusively to the Member’s parliamentary

duties.

(5)	If the Committee on Standards and Privileges has reported that in its opinion the

refusal was unreasonable, the House of Commons may by resolution authorise

the intended entry, search and seizure and may impose such conditions as it thinks

fit for the purpose.

(6)	Standing Orders may make further provision about the matters dealt with in

subsections (3) to (5).

(7)	For the avoidance of doubt, this section has effect notwithstanding any provision

in the Police and Criminal Evidence Act 1984 or any code of practice under that

Act or any provision in or under any enactment, instrument or convention.

(8)	Nothing in this section affects Article IX of the Bill of Rights 1689.

(9)	For the purposes of subsection (1) the extent of the precincts of the House of

Commons shall be such as that House may from time to time determine by

resolution, and shall include the chamber of the House and offices occupied by

Members of the House.’.

Annual review of injunctions

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

NC19

To move the following Clause:—

‘An injunction granted under section 32 is subject to an annual review hearing by

the court, to which the applicant and the respondent shall be permitted to attend

and to make written and oral submissions.’.

Protection of children from harm

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

NC27

To move the following Clause:—

‘(1)	The Violent Crime Reduction Act 2006 (c. 38) is amended as follows.

(2)	After section 27 insert—

Consideration of Bill: 19 May 2009

944

Policing and Crime Bill, continued

“27A	Protection of children from harm

A constable who imposes a requirement on a person under section 27(1)

must, if the constable reasonably suspects that the person is under the age

of 16, remove the person to the person’s place of residence or a place of

safety.”’.

Orders under Licensing Act 2003

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

NC28

To move the following Clause:—

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

(2)	After section 197(3)(a) insert—

“(aa)

an order under section 19A (Power of Secretary of State to

impose section 19(4) mandatory conditions),

(ab)	regulations under section 21A (General conditions for existing

licenses),

(ac)	an order under section 73B (Power of Secretary of State to

impose section 73A mandatory conditions),

(ad)	regulations under section 74A (General conditions for existing

certificates),”.

(3)	For section 197(4) substitute—

“(4)	A statutory instrument containing an order within subsection (3)(aa),

(ab), (ac), (ad), (b), (c), (d), (e) or (g) is not to be made unless a draft of

the instrument containing the order has been laid before and approved by

a resolution of each House of Parliament.”’.

Scrutiny of SOCPA

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

NC29

To move the following Clause:—

‘(1)	The Serious Organised Crime and Police Act 2005 (c. 15) is amended as follows.

Consideration of Bill: 19 May 2009

945

Policing and Crime Bill, continued

(2)	After section 7(6) insert—

“(6A)

It shall be the duty of the Secretary of State to make a motion in the House

of Commons in respect of the annual report laid under subsection (6)

within three months of the date on which the report was laid.”.

(3)	After section 7(7) insert—

“(7A)

It shall be the duty of the Scottish Ministers to make a motion in the

Scottish Parliament in respect of the annual report laid under subsection

(7) within three months of the date on which the report was laid.”’.

Forum

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

NC30

To move the following Clause:—

‘(1)	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 of the Police and Justice

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

Offences relating to information about members of armed forces etc

David Howarth

Chris Huhne

Dr Evan Harris

Paul Holmes

NC36

To move the following Clause:—

‘Section 76 of the Counter-Terrorism Act 2008 is repealed.’.

Consideration of Bill: 19 May 2009

946

Policing and Crime Bill, continued

Unlawful rendition and searching of aircraft

Dr Evan Harris

Chris Huhne

Paul Holmes

NC39

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 reason to believe that an aircraft that is in

flight over the United Kingdom is or has recently 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 reason to believe that—

(a)	an aircraft in an aerodrome is or has recently 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 recently 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—

(c)	the chief officer of police of a police force maintained for a

police area in England and Wales;

(d)	the chief constable of a police force maintained under the Police

(Scotland) Act 1967 (c. 77);

(e)	the Chief Constable of the Police Service of Northern Ireland;

Consideration of Bill: 19 May 2009

947

Policing and Crime Bill, continued

(f)	one of the Commissioners for HM Revenue and Customs;

(g)	a constable designated by any of the persons specified in

paragraphs (a) to (c).”’.

Mr Andrew Dismore

Dr Evan Harris

21

Page  25,  line  30,  leave out Clause 30.

Mr Andrew Dismore

Dr Evan Harris

22

Page  25,  line  33  [Clause  30],  at end add—

‘(2)	In section 27 of the Violent Crime Reduction Act 2006 (c. 38), after subsection

(2) insert—

“(2A)

In making a direction under this section to an individual aged under 16,

a constable in uniform must consider the effect of making the direction

on the individual’s welfare and safety.”’.

Dr Evan Harris

Chris Huhne

Paul Holmes

228

Page  79,  line  6  [Clause  66],  at end add—

‘(4)	When proceeding under this section the judge must consider whether the

extradition is barred under section 11, 21, or 25.’.

Dr Evan Harris

Chris Huhne

Paul Holmes

229

Page  80,  line  6  [Clause  67],  at end add—

‘(4)	When proceeding under this section the judge must consider whether the

extradition is barred under sections 11, 21, or 25.’.

Dr Evan Harris

Chris Huhne

Paul Holmes

230

Page  80,  line  9  [Clause  68],  after ‘case)’, insert—

‘(a)

’.

Consideration of Bill: 19 May 2009

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Policing and Crime Bill, continued

Dr Evan Harris

Chris Huhne

Paul Holmes

231

Page  80,  line  11  [Clause  68],  at end insert—

‘(b)	after subsection (3) insert—

“(3A)

When proceeding under this section the judge must consider

whether the extradition is barred under sections 11, 21, or 25”.’.

Dr Evan Harris

Chris Huhne

Paul Holmes

232

Page  80,  line  11  [Clause  68],  at end insert—

‘(c)	after subsection (2) insert—

“(3)	When proceeding under this section the judge must consider

whether the extradition is barred under section 11, 21, or 25”.’.

Dr Evan Harris

Chris Huhne

Paul Holmes

233

Page  80,  line  17  [Clause  68],  after ‘case)’, insert—

‘(a)

’.

Dr Evan Harris

Chris Huhne

Paul Holmes

234

Page  80,  line  19  [Clause  68],  at end insert—

‘(b)	after subsection (3) insert—

“(3A)

When proceeding under this section the judge must consider

whether the extradition is barred under sections 79, 87, or 91”.’.

Dr Evan Harris

Chris Huhne

Paul Holmes

224

Page  80,  line  24  [Clause  68],  after ‘otherwise)’ insert—

‘(c)	after subsection (2) insert—

“(3)	When proceedings under this section the judge must consider

whether the extradition is barred under sections 79, 87, or 91”.’.

Dr Evan Harris

Chris Huhne

Paul Holmes

225

Page  80,  line  25  [Clause  68],  after ‘extradition)’ insert—

‘(a)

’.

Consideration of Bill: 19 May 2009

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Policing and Crime Bill, continued

Dr Evan Harris

Chris Huhne

Paul Holmes

226

Page  80,  line  27  [Clause  68],  at end insert—

‘(b)	after subsection (3) insert—

“(4)	When proceeding under this section the Secretary of State must

consider whether the extradition is barred under section 93, or in

accordance with the person’s Convention rights within the

meaning of the Human Rights Act or any other treaty

obligation.’.

Dr Evan Harris

Chris Huhne

Paul Holmes

227

Page  80,  line  32  [Clause  68],  after ‘otherwise)’ insert—

‘(3)	When proceeding under this section the Secretary of State must consider whether

the extradition is barred under section 93, or in accordance with the person’s

Convention rights within the meaning of the Human Rights Act or any other

treaty obligation.’.

Secretary Jacqui Smith

102

Page  81,  line  37  [Clause  69],  leave out from ‘time,’ to end of line 39 and insert

‘subsections (6A) to (6D) apply in relation to the person (“the offender”).’.

Secretary Jacqui Smith

103

Page  81,  line  39  [Clause  69],  at end insert—

‘(6A)

The offender is liable to be detained, on return, in any place in which the

offender could have been detained pursuant to the sentence before the

time of extradition.

(6B)	A constable or immigration officer may—

(a)	take the offender into custody, and

(b)	convey the offender to the place mentioned in subsection (6A).

(6C)	The offender must be released on licence within the period of 5 days

beginning when the offender is taken (or retaken) into custody under this

section.

(6D)	In calculating a period of 5 days for the purposes of subsection (6C) no

account is to be taken of—

(a)	any Saturday or Sunday,

(b)	Christmas Day,

(c)	Good Friday, or

---

Revised 19 May 2009