603

House of Commons

Notices of Amendments

given on

Tuesday 21 April 2009

For other Amendment(s) see the following page(s) of Supplement to Votes:

189-91, 235-36, 255-56, 267-68, 275, 295, 309-10 and 595-99

Consideration of Bill

---

Policing and Crime Bill, As Amended

Prohibition on unauthorised police entry to Member of Parliament’s office in House of

Commons

Mr William Cash

Mark Fisher

Mr Richard Shepherd

Andrew Mackinlay

Mr Bernard Jenkin

NC18

To move the following Clause:—

‘(1)	No police officer, constable or person authorised by a police officer or constable

may enter and search an office of a Member of Parliament, or seize material from

such office, within the precincts of the House of Commons without the express

consent of the Member (subject to subsection (5)).

(2)	Consent under subsection (1) may be sought only after reasonable notice in

writing of the specific reason for and timing of the intended entry, and details of

the material sought, has been given to the Member by the police officer, constable

or authorised person.

(3)	If the Member refuses his consent, he must immediately inform the Committee

on Standards and Privileges of the House of Commons by notice to the clerk of

the Committee.

(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.

Notices of Amendments: 21 April 2009

604

Policing and Crime Bill, continued

(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.’.

Mr William Cash

Mark Fisher

Mr Richard Shepherd

Andrew Mackinlay

Mr Bernard Jenkin

31

Page  130,  line  4  [Clause  115],  at end insert—

‘(za)

section [Prohibition on unauthorised police entry to Member of

Parliament’s office in House of Commons],’.

---

Revised 22 April 2009