House of Commons Public Bill Committee Proceedings

House of Commons

Session 2009 - 10
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Other Bills before Parliament

31

House of Commons

Tuesday 23 February 2010

Public Bill Committee Proceedings

Crime and Security Bill

[eleventh and Twelfth Sittings]

Mr David Hanson

Agreed to

That the Order of the Committee [26 January] be amended as follows:

(1)
in paragraph (1), at end insert—

  ‘(g) at 9.00 am and 1.00 pm on Thursday 25 February;’;

(2)
in paragraph (4), leave out ‘8.00 pm on Tuesday 23 February’ and insert ‘5.00

pm on Thursday 25 February’.

Tom Brake

Mr Mark Oaten

Not selected  161

Page  66,  line  20,  leave out Clause 35.

Clause Agreed to.

James Brokenshire

Andrew Rosindell

Withdrawn  168

Clause  36,  page  67,  line  19,  leave out from ‘must’ to end of line 20 and insert

‘receive a report from the relevant youth offending team in respect of the person and take

such report into consideration.’.

James Brokenshire

Andrew Rosindell

Not called  169

Clause  36,  page  67,  line  25,  at end insert ‘, and the court shall state its reasons why

it is so satisfied that a detention order is necessary.’.

Public Bill Committee Proceedings: 23 February 2010
32

Crime and Security Bill, continued

Tom Brake

Mr Mark Oaten

Not selected  162

Page  66,  line  24,  leave out Clause 36.

Clause Agreed to.

Tom Brake

Mr Mark Oaten

Not selected  163

Page  77,  line  19,  leave out Clause 37.

Clause Agreed to.

Tom Brake

Mr Mark Oaten

Not selected  164

Page  77,  line  32,  leave out Clause 38.

Clause Agreed to.

Mr Douglas Hogg

Not selected  144

Clause  39,  page  79,  line  8,  leave out from ‘conduct’ to end of line 9 and insert

‘falling within subsection (2).’.

Mr Douglas Hogg

Not selected  145

Clause  39,  page  79,  line  10,  leave out from ‘person’ to end of line 11 and insert

‘commits an offence if that person engages in the following conduct—’.

Mr Douglas Hogg

Withdrawn  89

Clause  39,  page  79,  line  13,  at end insert ‘or’.

Mr Douglas Hogg

Not called  88

Clause  39,  page  79,  line  15,  leave out from ‘vehicles)’ to end of line 23.

James Brokenshire

Andrew Rosindell

Withdrawn  171

Clause  39,  page  79,  line  33,  at end insert ‘or agent’.

Public Bill Committee Proceedings: 23 February 2010
33

Crime and Security Bill, continued

James Brokenshire

Andrew Rosindell

Not called  172

Clause  39,  page  79,  leave out lines 41 to 43.

Mr Douglas Hogg

Withdrawn  90

Clause  39,  page  80,  line  14,  leave out from ‘conviction,’ to ‘to’ in line 15.

Mr Douglas Hogg

Not called  93

Clause  39,  page  80,  line  16,  leave out ‘or to both’.

Mr Douglas Hogg

Not called  91

Clause  39,  page  80,  line  17,  leave out from ‘indictment’ to first ‘to’ in line 18.

Mr Douglas Hogg

Not called  92

Clause  39,  page  80,  line  18,  leave out ‘or to both’.

Mr Douglas Hogg

Not called  137

Clause  39,  page  80,  line  18,  leave out ‘five’ and insert ‘two’.

Mr Douglas Hogg

Not called  135

Clause  39,  page  80,  leave out lines 19 to 25.

Mr Douglas Hogg

Withdrawn  143

Clause  39,  page  81,  line  3,  at end insert—

‘(aa)
the occupier fails to display by a notice displayed in a prominent place

the name, address and telephone number of the person referred to in

paragraph (a);’.

Mr Douglas Hogg

Not selected  146

Clause  39,  page  81,  leave out lines 4 to 22.

Mr Douglas Hogg

Not called  138

Clause  39,  page  81,  line  4,  after ‘person’, insert ‘to the knowledge of the occupier’.

Mr Douglas Hogg

Not called  139

Clause  39,  page  81,  line  6,  after ‘section’, insert ‘and the occupier is aware of that

fact’.

Mr Douglas Hogg

Not called  140

Clause  39,  page  81,  line  33,  after first ‘or’, insert ‘wilful’.

Public Bill Committee Proceedings: 23 February 2010
34

Crime and Security Bill, continued

Mr Douglas Hogg

Not called  141

Clause  39,  page  81,  line  33,  leave out from ‘of’ to end of line 34.

Clause Agreed to on division.

Schedule Agreed to.

Clause 40 Agreed to.

James Brokenshire

Andrew Rosindell

Withdrawn  173

Clause  41,  page  83,  line  24,  after ‘telephone’, insert ‘or any device capable of

sending or receiving electronic data’.

Clause Agreed to.

James Brokenshire

Andrew Rosindell

Withdrawn  174

Clause  42,  page  83,  line  33,  leave out ‘take reasonable precautions to’.

Mr Douglas Hogg

Withdrawn  142

Clause  42,  page  83,  line  34,  leave out ‘eighteen’ and insert ‘fourteen’.

Clause Agreed to.

Clause 43 Agreed to.

James Brokenshire

Andrew Rosindell

Not called  21

Clause  44,  page  84,  line  27,  at end insert—

‘(1A)
Section [Stop and search power] extends to England and Wales and Scotland

only.’.

Mr David Hanson

Agreed to  125

Clause  44,  page  84,  line  37,  at end insert—

‘( )
Section [Material subject to the Criminal Procedure (Scotland) Act 1995]

extends to Scotland only.’.

Public Bill Committee Proceedings: 23 February 2010
35

Crime and Security Bill, continued

Mr David Hanson

Agreed to  126

Clause  44,  page  84,  line  38,  leave out ‘Section 16’ and insert ‘Sections 16 and

[Material subject to the Terrorism Act 2000 (Scotland)]’.

Mr David Hanson

Agreed to  127

Clause  44,  page  85,  line  3,  leave out ‘18’ and insert ‘[Material subject to the

Counter-Terrorism Act 2008 (Scotland)]’.

Mr David Hanson

Agreed to  110

Clause  44,  page  85,  line  8,  leave out ‘and 40’ and insert ‘to [charges for vehicle

release: appeals]’

Mr David Hanson

Agreed to  111

Clause  44,  page  85,  line  11,  at end insert—

‘( )
Sections [Introductory] to [Parliamentary control] (compensation of victims of

overseas terrorism) extend to England and Wales, Scotland and Northern

Ireland.’.

Mr David Hanson

Agreed to  175

Clause  44,  page  85,  line  11,  at end insert—

‘( )
Section [Power to restrict sale and supply of alcohol] (power to restrict sale and

supply of alcohol) extends to England and Wales only.’

Mr David Hanson

Agreed to  177

Clause  44,  page  85,  line  11,  at end insert—

‘( )
Section [Persons subject to control order: powers of search and seizure] (persons

subject to control order: powers of search and seizure) extends to England and

Wales, Scotland and Northern Ireland.’.

Mr Robert Flello

Withdrawn  147

Clause  44,  page  85,  line  11,  at end insert—

‘( )
Sections [Prohibition of alcohol consumption in public places] to [Interpretation

of sections [Prohibition of alcohol consumption in public places] to [Places

which are not a restricted public place]] extend to England and Wales only.’.

Clause, as amended, Agreed to.

Mr David Hanson

Agreed to  112

Clause  45,  page  85,  line  19,  at end insert—

‘( )
sections [Introductory] to [Parliamentary control] (compensation of

victims of overseas terrorism);’.

Public Bill Committee Proceedings: 23 February 2010
36

Crime and Security Bill, continued

Clause, as amended, Agreed to.

Clause 46 Agreed to.

New Clauses

Charges for vehicle release: appeals

Mr David Hanson

Added  NC10

To move the following Clause:—

‘(1)
The Private Security Industry Act 2001 is amended as follows.

(2)
Before section 23 there is inserted—

“22A
Charges for vehicle release: appeals

(1)
The Secretary of State shall by regulations make provision for the

purpose specified in subsection (2) in a case where, in England and Wales

or Northern Ireland, a person carries out—

(a)
an activity to which paragraph 3 of Schedule 2 applies by virtue

of sub-paragraph (1)(c) of that paragraph (demanding or

collecting a charge as a condition of the removal of an

immobilisation device), or

(b)
an activity to which paragraph 3A of Schedule 2 applies by virtue

of sub-paragraph (1)(d) of that paragraph (demanding or

collecting a charge as a condition of the release of a vehicle).

(2)
The purpose referred to in subsection (1) is to entitle a person otherwise

entitled to remove the vehicle to appeal against the charge.

(3)
Regulations under this section shall specify the grounds on which an

appeal may be made.

(4)
The grounds may include in particular—

(a)
contravention of a code of practice issued by the Authority;

(b)
contravention of any requirement imposed by or under this Act

(including a condition contained in a licence granted under this

Act).

(5)
Regulations under this section shall make provision for and in connection

with the person to whom an appeal may be made.

(6)
That person may in particular be—

(a)
a person exercising functions of adjudication or the hearing of

appeals under another enactment;

(b)
a body established by the Secretary of State under the

regulations;

(c)
an individual appointed under the regulations by the Secretary of

State or by another person specified in the regulations.

(7)
Regulations under this section may also include provision—

Public Bill Committee Proceedings: 23 February 2010
37

Crime and Security Bill, continued

(a)
as to the procedural conditions to be satisfied by a person before

an appeal may be made;

(b)
as to the payment of a fee by the appellant;

(c)
as to the procedure (including time limits) for making an appeal;

(d)
as to the procedure for deciding an appeal;

(e)
as to the payment to the appellant by the respondent of—

(i)
the charge against which the appeal is made;

(ii)
other costs incurred by the appellant in consequence of

the activity referred to in subsection (1);

(f)
as to the payment by a party to an appeal of—

(i)
costs of the other party in relation to the adjudication;

(ii)
other costs in respect of the adjudication;

(g)
as to the payment by the respondent to an appeal, in a case where

the appeal is granted, of a charge in respect of the costs of

adjudications under the regulations;

(h)
as to the effect and enforcement of a decision of the person to

whom an appeal is made;

(i)
requiring or authorising the person to whom an appeal is made to

provide information relating to the appeal to the Authority;

(j)
to the effect that a person who makes a representation that is false

in a material particular, and does so recklessly or knowing it to

be false, commits an offence triable summarily and punishable

with a fine not exceeding level 5 on the standard scale.

(8)
The provision specified in paragraphs (e), (f) and (g) of subsection (7)

includes provision authorising the person to whom an appeal is made to

require payment of the matters specified in those paragraphs.”

(3)
In section 24 (orders and regulations), in subsection (4), after “section 3(2)(j)”

there is inserted “or 22A”.’

Introductory

Mr David Hanson

Added  NC11

To move the following Clause:—

‘(1)
The Secretary of State may make arrangements for making payments to, or in

respect of, persons who are injured as a result of an act designated under

subsection (2).

(2)
The Secretary of State may designate an act under this subsection if—

(a)
it took place outside the United Kingdom,

(b)
it took place on or after 18 January 2010,

(c)
in the view of the Secretary of State the act constitutes terrorism within

the meaning of the Terrorism Act 2000 (see section 1 of that Act), and

(d)
having regard to all the circumstances, the Secretary of State considers

that it would be appropriate to designate it.

(3)
Nothing in this section affects any power of the Secretary of State to make

payments to, or in respect of, persons who are injured as a result of terrorism

outside the United Kingdom.



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