House of Commons Public Bill Committee Proceedings

House of Commons

Session 2009 - 10
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Other Bills before Parliament

7

House of Commons

Tuesday 2 February 2010

Public Bill Committee Proceedings

Crime and Security Bill

[fifth and sixth Sittings]

James Brokenshire

Andrew Rosindell

Withdrawn  1

Clause  1,  page  1,  line  6,  at end insert ‘which may be made by electronic record or

by the recording of a telecommunications message containing the relevant details.’.

Mr Douglas Hogg

Withdrawn  49

Clause  1,  page  1,  line  13,  leave out ‘, if that is not practicable,’.

Mr Douglas Hogg

Not called  50

Clause  1,  page  1,  line  13,  after second ‘as’, insert ‘reasonably’.

Mr Douglas Hogg

Not called  51

Clause  1,  page  2,  line  1,  after ‘vehicle,’, insert ‘the stated name and address of the

person searched,’.

Mr Douglas Hogg

Not called  52

Clause  1,  page  2,  line  9,  leave out from ‘as’ to ‘perceived’ in line 10.

Clause Agreed to.

Mr Douglas Hogg

Withdrawn  53

Clause  2,  page  2,  line  25,  leave out ‘before or’.

Public Bill Committee Proceedings: 2 February 2010
8

Crime and Security Bill, continued

James Brokenshire

Andrew Rosindell

Withdrawn  2

Clause  2,  page  2,  line  31,  at end insert ‘provided that the power under this

subsection may not be exercised later than six months from the date of arrest or if earlier

the date that it was decided that no further action would be taken in connection with the

events or circumstances which led to the arrest.’.

James Brokenshire

Andrew Rosindell

Withdrawn  3

Clause  2,  page  2,  line  41,  at end insert ‘provided that the power under this

subsection may not be exercised if the person has been acquitted of the offence or the

relevant charges have been withdrawn.’.

Mr Douglas Hogg

Withdrawn  54

Clause  2,  page  3,  line  6,  leave out from beginning to ‘and’ in line 9.

Mr Douglas Hogg

Not called  55

Clause  2,  page  3,  line  13,  leave out ‘cautioned or warned or reprimanded’.

Mr David Hanson

Agreed to  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.”’

Mr Douglas Hogg

Not called  56

Clause  2,  page  3,  line  25,  leave out ‘before or’.

James Brokenshire

Andrew Rosindell

Not called  4

Clause  2,  page  3,  line  35,  at end insert ‘provided that the power under this

subsection may not be exercised later than six months from the date of arrest or if earlier

the date that it was decided that no further action would be taken in connection with the

events or circumstances which led to the arrest.’.

James Brokenshire

Andrew Rosindell

Not called  5

Clause  2,  page  4,  line  7,  at end insert ‘provided that the power under this subsection

may not be exercised if the person has been acquitted of the offence or the relevant

charges have been withdrawn.’.

Mr Douglas Hogg

Not called  57

Clause  2,  page  4,  line  10,  leave out ‘before or’.

Public Bill Committee Proceedings: 2 February 2010
9

Crime and Security Bill, continued

Mr Douglas Hogg

Not called  58

Clause  2,  page  4,  line  13,  leave out from beginning to ‘and’ in line 16.

Mr Douglas Hogg

Not called  59

Clause  2,  page  4,  line  20,  leave out ‘cautioned or warned or reprimanded’.

Clause, as amended, Agreed to.

James Brokenshire

Andrew Rosindell

Withdrawn  6

Clause  3,  page  5,  line  5,  leave out from ‘person’ to ‘may’ in line 6.

Mr Douglas Hogg

Not called  60

Clause  3,  page  5,  line  10,  leave out ‘whether before or’ and insert ‘and’.

Mr Douglas Hogg

Not called  61

Clause  3,  page  5,  line  13,  leave out from ‘Wales’ to end of line 14.

James Brokenshire

Andrew Rosindell

Withdrawn  7

Clause  3,  page  5,  line  29,  leave out subsections (2) and (3).

James Brokenshire

Andrew Rosindell

Not called  8

Clause  3,  page  6,  line  3,  leave out from ‘person’ to ‘if’ in line 4.

Mr Douglas Hogg

Not called  62

Clause  3,  page  6,  line  7,  leave out ‘whether before or’ and insert ‘and’.

Mr Douglas Hogg

Not called  63

Clause  3,  page  6,  line  10,  leave out from ‘Wales’ to end of line 11.

James Brokenshire

Andrew Rosindell

Not called  22

Clause  3,  page  6,  line  36,  leave out paragraph (b).

Clause Agreed to.

Public Bill Committee Proceedings: 2 February 2010
10

Crime and Security Bill, continued

Mr Douglas Hogg

Not called  64

Clause  4,  page  7,  line  25,  after second ‘as’, insert ‘reasonably’.

James Brokenshire

Andrew Rosindell

Not called  9

Clause  4,  page  8,  line  1,  leave out from ‘include’ to ‘a’ in line 2.

Mr Douglas Hogg

Not called  65

Clause  4,  page  8,  line  6,  after second ‘as’, insert ‘reasonably’.

Mr Douglas Hogg

Not called  66

Clause  4,  page  8,  line  27,  after second ‘as’, insert ‘reasonably’.

Clause Agreed to.

Tom Brake

Mr Mark Oaten

Chris Huhne

Withdrawn  102

Clause  5,  page  9,  line  3,  at end insert—

‘(1A)
In section 24 of the Police and Criminal Evidence Act 1984 (arrest) after

subsection (6) there is inserted—

“(7)
For the avoidance of doubt, the taking of fingerprints, impressions of

footwear and intimate and non-intimate samples is not, on its own, a

reasonable ground for believing that it is necessary to arrest a person.”’.

Clause Agreed to.

James Brokenshire

Andrew Rosindell

Withdrawn  10

Clause  6,  page  10,  leave out lines 26 to 28.

James Brokenshire

Andrew Rosindell

Not called  11

Clause  6,  page  12,  leave out lines 31 to 34.

Tom Brake

Mr Mark Oaten

Chris Huhne

Withdrawn  101

Clause  6,  page  13,  line  16,  at end insert—

Public Bill Committee Proceedings: 2 February 2010
11

Crime and Security Bill, continued

‘15A
Fingerprints and non-intimate samples may only be taken under sections

61(5A), 61(5B), 63(3ZA) and 63(3A) from a person at a police station.’.

Clause Agreed to.

Tom Brake

Mr Mark Oaten

Chris Huhne

Withdrawn  100

Clause  7,  page  15,  line  9,  after ‘2008’, insert ‘other than an offence under section 1

and 2 of the Terrorism Act 2006’.

Mr Douglas Hogg

Withdrawn  67

Clause  7,  page  15,  leave out lines 10 to 14.

Clause Agreed to.

James Brokenshire

Andrew Rosindell

Not called  12

Clause  8,  page  15,  line  37,  at end insert ‘provided that the power under this

paragraph may not be exercised later than six months from the date of arrest or if earlier

the date that it was decided that no further action would be taken in connection with the

events or circumstances which led to the arrest.’.

James Brokenshire

Andrew Rosindell

Not called  13

Clause  8,  page  16,  line  2,  at end insert ‘provided that the power under this

paragraph may not be exercised if the person has been acquitted of the offence or the

relevant charges have been withdrawn.’.

Mr David Hanson

Agreed to  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.”’

James Brokenshire

Andrew Rosindell

Not called  14

Clause  8,  page  16,  line  39,  at end insert ‘provided that the power under this

paragraph may not be exercised later than six months from the date of arrest or if earlier

the date that it was decided that no further action would be taken in connection with the

Public Bill Committee Proceedings: 2 February 2010
12

Crime and Security Bill, continued

events or circumstances which led to the arrest.’.

James Brokenshire

Andrew Rosindell

Not called  15

Clause  8,  page  17,  line  13,  at end insert ‘provided that the power under this

paragraph may not be exercised if the person has been acquitted of the offence or the

relevant charges have been withdrawn.’.

Clause, as amended, Agreed to.

James Brokenshire

Andrew Rosindell

Not called  16

Clause  9,  page  18,  line  5,  leave out from ‘person’ to ‘may’ in line 6.

James Brokenshire

Andrew Rosindell

Not called  17

Clause  9,  page  18,  line  28,  leave out subsections (2) and (3).

James Brokenshire

Andrew Rosindell

Not called  18

Clause  9,  page  19,  line  3,  leave out from ‘person’ to ‘if’ in line 4.

James Brokenshire

Andrew Rosindell

Not called  23

Clause  9,  page  19,  line  34,  leave out paragraph (b).

Clause Agreed to.

James Brokenshire

Andrew Rosindell

Not called  19

Clause  10,  page  21,  line  1,  leave out from ‘include’ to ‘a’ in line 2.

Clause Agreed to.

Clause 11 Agreed to.

Public Bill Committee Proceedings: 2 February 2010
13

Crime and Security Bill, continued

James Brokenshire

Andrew Rosindell

Not called  20

Clause  12,  page  23,  leave out lines 25 to 27.

James Brokenshire

Andrew Rosindell

Not called  24

Clause  12,  page  25,  leave out lines 25 to 28.

Clause Agreed to.

Mr David Hanson

Agreed to  48

Clause  13,  page  28,  line  3,  leave out ‘37, 40, 43 to 50’ and insert ‘37 to 40, 43 to

54’.

Clause, as amended, Agreed to.

Mr David Hanson

Agreed to  36

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

James Brokenshire

Andrew Rosindell

Withdrawn  25

Clause  14,  page  29,  line  14,  leave out ‘sooner’ and insert ‘later’.

[Adjourned till Thursday at 9.00 am.



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