23

House of Commons

Notices of Amendments

given on

Tuesday 26 January 2010

For other Amendment(s) see the following page(s):

Crime and Security Bill Committee 13-21

Public Bill Committee

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Crime and Security Bill

Mr David Hanson

34

Clause  2,  page  3,  line  20,  at end insert—

‘( )	In that section, for subsection (8B) there is substituted—

“(8B)

Any power under this section to take the fingerprints of a person without

the appropriate consent, if not otherwise specified to be exercisable by a

constable, shall be exercisable by a constable.”’

Member’s explanatory statement

This amendment secures that any power to take fingerprints without consent in England and Wales

under section 61 of the Police and Criminal Evidence Act 1984 may be exercised by a constable,

wherever the power is exercised.

Mr David Hanson

35

Clause  8,  page  16,  line  24,  at end insert—

‘( )	In that Article, for paragraph (8A) there is substituted—

“(8A)

Any power under this Article to take the fingerprints of a person without

the appropriate consent, if not otherwise specified to be exercisable by a

constable, shall be exercisable by a constable.”’

Member’s explanatory statement

This amendment secures that any power to take fingerprints without consent under Article 61 of

the Police and Criminal Evidence (Northern Ireland) Order 1989 may be exercised by a constable,

wherever the power is exercised.

Mr David Hanson

36

Clause  14,  page  28,  line  41,  leave out ‘arrested for or’.

Member’s explanatory statement

This amendment alters the substituted section 64(5)(b) of PACE to remove the erroneous repeated

Notices of Amendments: 26 January 2010

24

Crime and Security Bill, continued

reference to an arrest under section 41 of the Terrorism Act 2000 as this is already provided for

under the substituted section 64(5)(a).

Mr David Hanson

37

Clause  14,  page  36,  line  38,  leave out ‘samples, fingerprints or impressions of

footwear’ and insert ‘fingerprints’.

Member’s explanatory statement

This amendment alters the substituted section 64ZK(4)(a) of PACE to remove the erroneous refer­

ence to samples and impressions of footwear because this section is only intended to provide for

the retention for purposes of national security of DNA profiles and fingerprints and not samples

or impressions of footwear.

Mr David Hanson

38

Clause  15,  page  39,  line  7,  leave out ‘arrested for or’.

Member’s explanatory statement

This amendment alters the substituted article 64(5)(b) of PACE (NI) to remove the erroneous re­

peated reference to an arrest under section 41 of the Terrorism Act 2000 as this is already provided

for under the substituted article 64(5)(a).

Mr David Hanson

39

Clause  16,  page  53,  line  8,  leave out ‘any material’ and insert ‘fingerprints or a

DNA profile’.

Member’s explanatory statement

This amendment narrows the scope of the provision allowing for longer periods of retention for

the purposes of national security so that it applies only to fingerprints and DNA profiles (as was

always the policy intention) - and not to samples.

Mr David Hanson

40

Clause  16,  page  53,  line  19,  leave out ‘or samples’.

Member’s explanatory statement

This amendment is consequential on amendment 39.

Mr David Hanson

41

Clause  16,  page  53,  line  20,  leave out ‘such a sample’ and insert ‘a sample taken in

England and Wales’.

Member’s explanatory statement

This amendment is consequential on amendment 39.

Mr David Hanson

42

Clause  16,  page  53,  line  21,  leave out ‘samples or’.

Member’s explanatory statement

This amendment is consequential on amendment 39.

Mr David Hanson

43

Clause  16,  page  53,  line  25,  leave out ‘or samples’.

Member’s explanatory statement

This amendment is consequential on amendment 39.

Notices of Amendments: 26 January 2010

25

Crime and Security Bill, continued

Mr David Hanson

44

Clause  16,  page  53,  line  26,  leave out ‘such a sample’ and insert ‘a sample taken in

Northern Ireland’.

Member’s explanatory statement

This amendment is consequential on amendment 39.

Mr David Hanson

45

Clause  18,  page  57,  line  12,  leave out ‘taken’ and insert ‘obtained or acquired’.

Member’s explanatory statement

This amendment corrects a drafting error. The material to which section 18 of the Counter-Ter­

rorism Act 2008 applies is that which is 'obtained' or 'acquired' by the law enforcement authority

- not necessarily that which the authority itself 'takes'.

Mr David Hanson

46

Clause  18,  page  57,  line  41,  leave out ‘Commissioner of Police of the Metropolis’

and insert ‘responsible officer’.

Member’s explanatory statement

This amendment changes the person responsible for making a determination that it is necessary to

retain material held under section 18 of the Counter-Terrorism Act 2008 beyond the usual reten­

tion period for the purposes of national security - from the Commissioner of the Metropolitan Po­

lice Service to 'the responsible officer'.

Mr David Hanson

47

Clause  18,  page  58,  line  3,  at end insert—

‘( )	“Responsible officer” means—

(a)	in relation to material obtained or acquired by a police force in England

and Wales, the chief officer of the police force;

(b)	in relation to material obtained or acquired by the Police Service of

Northern Ireland or the Police Service of Northern Ireland Reserve, the

Chief Constable of the Police Service of Northern Ireland;

(c)	in relation to material obtained or acquired by the Ministry of Defence

Police, the Chief Constable of the Ministry of Defence Police;

(d)	in relation to material obtained or acquired by the Royal Navy Police, the

Royal Military Police or the Royal Air Force Police, the Provost Marshal

for the police force which obtained or acquired the material;

(e)	in relation to material obtained or acquired by the British Transport

Police, the Chief Constable of the British Transport Police;

(f)	in relation to material obtained or acquired by the Serious Organised

Crime Agency, the Director General of the Serious Organised Crime

Agency;

(g)	in relation to material obtained or acquired by the Commissioners for Her

Majesty’s Revenue and Customs, any of those Commissioners.”’.

Member’s explanatory statement

This amendment defines who is the 'responsible officer' for the purposes of making a determination

about retention of material for the purposes of national security - it is the most senior office or per­

son in the law enforcement authority responsible for the material.

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Revised 27 January 2010