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Report Stage Proceedings: 19 May 2009                  

267

 

Policing and Crime Bill, continued

 
 

Human rights framework for Inspectorate

 

Mr Andrew Dismore

 

Dr Evan Harris

 

Not selected  NC14

 

To move the following Clause:—

 

‘After section 54(2A) of the Police Act 1996 (c. 16) (inspection and report powers

 

of inspectors of constabulary) insert—

 

“(2AA)    

The Inspectors of Constabulary shall inspect and report to the Secretary

 

of State on a police authority’s performance of its duties to monitor the

 

performance of its police force in complying with the duties imposed by

 

the Human Rights Act 1998 and to promote equality and diversity within

 

its police force and within the authority.”.’.

 


 

Offence of trespassing: designation of sites

 

Mr Andrew Dismore

 

Dr Evan Harris

 

Not selected  NC15

 

To move the following Clause:—

 

‘(1)    

Section 128 of the Serious Organised Crime and Police Act 2005 (c. 15) is

 

amended as follows.

 

(2)    

In subsection (3)(c), after “appropriate”, insert “and necessary”’.

 


 

Protest around Parliament: repeal of provisions in the Serious Organised Crime and

 

Police Act 2005

 

Mr Andrew Dismore

 

Dr Evan Harris

 

Not selected  NC16

 

To move the following Clause:—

 

‘In the Serious Organised Crime and Police Act 2005 (c. 15), sections 132 to 138

 

are repealed.’.

 



 
 

Report Stage Proceedings: 19 May 2009                  

268

 

Policing and Crime Bill, continued

 
 

Imposing conditions on public assemblies in Parliament

 

Mr Andrew Dismore

 

Dr Evan Harris

 

Not selected  NC17

 

To move the following Clause:—

 

‘(1)    

The Public Order Act 1986 (c. 64) is amended as follows.

 

(2)    

At the end of section 14(1)(a) insert “, if it takes place in the designated area or

 

areas, it is a security risk, or”.

 

(3)    

After section 14(1)(b) insert—

 

“(c)    

it is taking place or will take place in the designated area or areas

 

and will seriously impede, or be likely to seriously impede,

 

access to the Houses of Parliament,”.

 

(4)    

After section 14(2) insert—

 

“(2A)    

In subsection (1) “the designated area or areas” means the area or areas

 

specified as such by the Secretary of State—

 

(a)    

by description, by reference to a map, or in any other way; and

 

(b)    

which lie within 300 metres of the perimeter of the Palace of

 

Westminster or Portcullis House”.’.

 


 

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

 

Not selected  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.


 
 

Report Stage Proceedings: 19 May 2009                  

269

 

Policing and Crime Bill, continued

 
 

(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

 

Not selected  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

 

Not selected  NC27

 

To move the following Clause:—

 

‘(1)    

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

 

(2)    

After section 27 insert—

 

“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


 
 

Report Stage Proceedings: 19 May 2009                  

270

 

Policing and Crime Bill, continued

 
 

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

 

Not selected  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

 

Not selected  NC29

 

To move the following Clause:—

 

‘(1)    

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

 

(2)    

After section 7(6) insert—


 
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