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Notices of Amendments: 15 May 2009                     

850

 

Policing and Crime Bill, continued

 
 

Appointment of chief constables and assistant chief constables

 

Chris Huhne

 

Paul Holmes

 

NC34

 

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 authority shall give the

 

chief constable or assistant chief constable an opportunity to make

 

representations to him and shall consider any representations so made.”’.

 


 

Responsibilities of police authorities

 

Chris Huhne

 

Paul Holmes

 

NC35

 

To move the following Clause:—

 

‘(1)    

Each police authority may determine its own local precept agreement with the

 

relevant local council or councils as appropriate to its individual requirements.

 

(2)    

Each police authority may 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.

 

(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—


 
 

Notices of Amendments: 15 May 2009                     

851

 

Policing and Crime Bill, continued

 
 

“37A  

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—

 

“38    

Levels of performance

 

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”.’.

 


 

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.’.

 


 

Definition of a brothel

 

John McDonnell

 

Lynne Jones

 

NC37

 

To move the following Clause:—

 

‘(1)    

The Sexual Offences Act 1956 is amended as follows.

 

(2)    

After section 33A insert—

 

“33B  

Definition of a brothel

 

(1)    

Premises shall not be regarded as a brothel where—

 

(a)    

no more than two prostitutes, with or without a maid, are

 

working together or separately on any given day; and

 

(b)    

each prostitute retains control over her or his individual earnings

 

from the prostitution carried out at the premises.


 
 

Notices of Amendments: 15 May 2009                     

852

 

Policing and Crime Bill, continued

 
 

(2)    

In this section ‘prostitute’ has the meaning given by section 51(2) of the

 

Sexual Offence Act 2003.”’.

 


 

Decriminalisation of associated workers in brothels

 

Mr Anthony Steen

 

NC38

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Sexual Offences Act 1956 is amended as follows.

 

(2)    

After section 33A insert—

 

“33B  

Associated workers in brothels

 

For the purposes of section 33 and 33A, a person who is not directly

 

involved in the provision of sexual services is not to be treated as

 

assisting in the management of a brothel by reason only of being

 

employed in a brothel.”’.

 


 

Unlawful rendition and searching of aircraft

 

Dr Evan Harris

 

Chris Huhne

 

Paul Holmes

 

NC39

 

Parliamentary Star    

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.


 
 

Notices of Amendments: 15 May 2009                     

853

 

Policing and Crime Bill, continued

 
 

(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;

 

(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).”’.

 


 

Chris Huhne

 

Paul Holmes

 

178

 

Page  2,  line  2,  leave out Clause 2.

 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

144

 

Page  2  [Clause  2],  leave out lines 13 to 16 and insert ‘up to ten persons nominated by

 

the Secretary of State after consultation with the Association of Police Authorities and the

 

Association of Chief Police Officers.’.


 
 

Notices of Amendments: 15 May 2009                     

854

 

Policing and Crime Bill, continued

 
 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

145

 

Page  2,  line  22  [Clause  2],  after ‘reports’, insert ‘, which shall be published and

 

automatically laid before Parliament’.

 


 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

146

 

Page  3,  line  6  [Clause  2],  after ‘panel’, insert ‘and Her Majesty’s Inspectors of

 

Constabulary shall submit an annual report to the Secretary of State on the operation of

 

the Senior Appointments process in each police force area’.

 

Mr Andrew Dismore

 

Dr Evan Harris

 

9

 

Page  3,  line  11  [Clause  2],  at end insert—

 

‘(4A)    

In discharging its functions under subsection (2)(a) the panel must have regard to

 

Article 25 of the International Covenant on Civil and Political Rights (right of

 

equal access to public service).’.

 


 

Chris Huhne

 

Paul Holmes

 

175

 

Page  4  [Clause  4],  leave out line 22.

 

Chris Huhne

 

Paul Holmes

 

176

 

Page  4  [Clause  4],  leave out line 31.

 

Chris Huhne

 

Paul Holmes

 

177

 

Page  4  [Clause  4],  leave out line 40.

 



 
 

Notices of Amendments: 15 May 2009                     

855

 

Policing and Crime Bill, continued

 
 

David Taylor

 

179

 

Page  5,  line  22  [Clause  5],  at end insert—

 

‘(6A)    

A chief officer may make an agreement only after consulting with representatives

 

of police authority employees.’.

 


 

Secretary Jacqui Smith

 

44

 

Page  6,  line  4  [Clause  5],  leave out subsection (4) and insert—

 

‘(4)    

A police authority may make an agreement which includes provision about the

 

discharge of functions by employees who are under the direction and control of a

 

chief officer only with the approval of that chief officer.’.

 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

147

 

Page  6,  line  41  [Clause  5],  at end insert ‘and a collaboration agreement shall

 

include procedures for achieving a settlement of all outstanding financial and legal

 

liabilities between parties upon a party terminating its contractual obligations under a

 

collaboration agreement’.

 


 

Secretary Jacqui Smith

 

45

 

Page  8,  line  15  [Clause  5],  at end insert—

 

‘(1A)    

A notice under this section may provide for the termination of the agreement with

 

immediate effect or at the end of a specified period.’.

 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

148

 

Page  8,  line  17  [Clause  5],  at end insert—

 

‘(3)    

The period of notice shall be such as the Secretary of State sees fit.’.

 



 
 

Notices of Amendments: 15 May 2009                     

856

 

Policing and Crime Bill, continued

 
 

Dr Evan Harris

 

Lynne Jones

 

John McDonnell

 

142

 

Page  15,  line  25,  leave out Clause 13.

 

Mr Anthony Steen

 

211

 

Parliamentary Star    

Page  15,  line  27  [Clause  13],  leave out from beginning to end of line 2 on page 16

 

and insert—

 

‘“53A

 Paying for sexual services of a trafficked prostitute

 

(1)    

A person (A) commits an offence if—

 

(a)    

A makes or promises payment for the sexual services of a prostitute (B),

 

and

 

(b)    

B has been trafficked, and

 

(c)    

A is aware, or ought to be aware, that B has been trafficked.

 

(2)    

Whether A ought to be aware that B has been trafficked is to be determined

 

having regard to all the circumstances, including any steps A has taken to

 

ascertain whether B has been trafficked.

 

(3)    

It is irrelevant where in the world the sexual services are to be provided and

 

whether those services are provided.”’.

 

Secretary Jacqui Smith

 

46

 

Page  15,  line  27  [Clause  13],  leave out ‘controlled for gain’ and insert ‘subjected to

 

force etc.’.

 

Mr Andrew Dismore

 

Dr Evan Harris

 

Keith Vaz

 

Mr Anthony Steen

 

32

 

Page  15  [Clause  13],  leave out lines 28 to 37 and insert—

 

‘(1)    

A person (A) commits an offence if—

 

(a)    

A makes or promises payment for the sexual services of a prostitute (B),

 

and

 

(b)    

any of B’s activities relating to the provision of those services are

 

intentionally controlled for gain by a third person (C), and

 

(c)    

A is aware, or ought to be aware, that B’s activities are controlled for

 

gain.

 

(1A)    

Whether A ought to be aware that B’s activities are controlled for gain is to be

 

determined having regard to all the circumstances, including any steps A has

 

taken to ascertain whether B is controlled for gain.

 

(1B)    

It is irrelevant where in the world the sexual services are to be provided and

 

whether those services are provided.’.

 

Secretary Jacqui Smith

 

47

 

Page  15,  line  30  [Clause  13],  leave out from ‘(B),’ to end of line 32 and insert—


 
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