House of Commons Public Bill Committee Proceedings

House of Commons

Session 2009 - 10
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Other Bills before Parliament

Public Bill Committee Proceedings: 23 February 2010
38

Crime and Security Bill, continued

(4)
In sections [Introductory] to [Parliamentary control], “injury” includes fatal

injury (and “injured” is to be construed accordingly).’.

Compensation scheme

Mr David Hanson

Added  NC12

To move the following Clause:—

‘(1)
Arrangements under section [Introductory] may include the making of a scheme

providing, in particular, for—

(a)
the circumstances in which payments may be made, and

(b)
the categories of person to whom payments may be made.

(2)
The scheme is to be known as the Victims of Overseas Terrorism Compensation

Scheme (“the Scheme”).

(3)
Sums required for payments to be made in accordance with the Scheme are to be

provided by the Secretary of State.

(4)
Schedule [Compensation of victims of overseas terrorism: consequential

amendments] (which makes consequential amendments relating to the Scheme)

is part of this section.’.

Eligibility and applications

Mr David Hanson

Added  NC13

To move the following Clause:—

‘(1)
The Scheme may make provision about a person’s eligibility for a payment under

it by reference to any or all of the following factors—

(a)
the nationality of the person (or the injured person);

(b)
the place of residence of the person (or the injured person);

(c)
the length of time the person (or the injured person) has resided there;

(d)
any other factors that the Secretary of State considers appropriate.

(2)
The Scheme may provide that applications for payments under it may only be

made—

(a)
by eligible persons;

(b)
within a period specified in the Scheme (and the Scheme may specify

different periods for different descriptions of act);

(c)
in a manner or form specified in the Scheme.’.

Public Bill Committee Proceedings: 23 February 2010
39

Crime and Security Bill, continued

Payments

Mr David Hanson

Added  NC14

To move the following Clause:—

‘(1)
The Scheme may make provision determining the amount of payments to be

made under it to, or in respect of, persons injured as a result of an act designated

under section [Introductory](2) by reference to any or all of the following

factors—

(a)
the nature of the injury;

(b)
loss of earnings resulting from the injury;

(c)
expenses that have been or will be incurred as a result of the injury;

(d)
any other factors that the Secretary of State considers appropriate.

(2)
The Scheme may make provision—

(a)
as to the circumstances in which a payment may be withheld or the

amount of a payment reduced;

(b)
for payments to be repayable in circumstances specified in the Scheme;

(c)
for payments to be made subject to conditions;

(d)
for payments not to exceed such maximum amounts as may be specified

in the Scheme.

(3)
Any amount which falls to be repaid by virtue of subsection (2)(b) is recoverable

as a debt due to the Crown.

(4)
Any sums received by the Secretary of State under any provision of the Scheme

made by virtue of subsection (2)(b) are to be paid by the Secretary of State into

the Consolidated Fund.

(5)
Any assignment (or, in Scotland, assignation) of, or charge on, a payment made

under the Scheme, and any agreement to assign or charge such a payment, is void.

(6)
On the bankruptcy of an individual to whom a payment is made under the Scheme

(or in Scotland, on the sequestration of such an individual’s estate), the payment

shall not pass to any trustee or other person acting on behalf of the individual’s

creditors.’.

Claims officers etc

Mr David Hanson

Added  NC15

To move the following Clause:—

‘(1)
The Scheme may include provision for applications to be determined and

payments to be made by persons (“claims officers”) appointed for the purpose by

the Secretary of State.

(2)
A claims officer—

(a)
is to be appointed on such terms and conditions as the Secretary of State

considers appropriate;

(b)
is not to be regarded as having been appointed to exercise functions of the

Secretary of State or to act on behalf of the Secretary of State.

(3)
No decision taken by a claims officer shall be regarded as having been taken by,

or on behalf of, the Secretary of State.

Public Bill Committee Proceedings: 23 February 2010
40

Crime and Security Bill, continued

(4)
The Secretary of State may pay such remuneration, allowances or gratuities to or

in respect of claims officers and other persons exercising functions in relation to

the Scheme as the Secretary of State considers appropriate.’.

Reviews and appeals

Mr David Hanson

Added  NC16

To move the following Clause:—

‘(1)
The Scheme must include provision for the review, in such circumstances as it

may specify, of any decision taken in respect of an application made under it.

(2)
The Scheme must secure that such a review is conducted by a person other than

the person who made the decision under review.

(3)
The Scheme must include provision for rights of appeal to the First-tier Tribunal

against decisions taken on reviews under provisions of the Scheme made by

virtue of subsection (1).

(4)
The power conferred by section [Payments](2)(a) to provide for the reduction of

an amount of a payment includes power to provide for a reduction where, in the

opinion of the First-tier Tribunal determining an appeal, the appeal is frivolous or

vexatious.’.

Reports, accounts and financial records

Mr David Hanson

Added  NC17

To move the following Clause:—

‘(1)
The Scheme must include provision for such person as the Secretary of State

considers appropriate to make a report to the Secretary of State as soon as possible

after the end of each financial year on the operation of the Scheme during that

year.

(2)
The Secretary of State must lay a copy of every such report before Parliament.

(3)
The Scheme must also include provision—

(a)
for such person as the Secretary of State considers appropriate—

(i)
to keep proper accounts and proper records in relation to the

accounts;

(ii)
to prepare a statement of accounts in each financial year in such

form as the Secretary of State may direct;

(b)
requiring such a statement of accounts to be submitted to the Secretary of

State at such time as the Secretary of State may direct.

(4)
Where a statement of accounts is submitted to the Secretary of State, the

Secretary of State must send a copy of it to the Comptroller and Auditor General

as soon as is reasonably practicable.

(5)
The Comptroller and Auditor General must—

Public Bill Committee Proceedings: 23 February 2010
41

Crime and Security Bill, continued

(a)
examine, certify and report on any statement of accounts received under

subsection (4);

(b)
lay copies of the statement and of the report made under paragraph (a)

before Parliament.

(6)
In this section “financial year” means the period beginning with the day on which

this section comes into force and ending with the following 31st March and each

successive period of 12 months.’.

Parliamentary control

Mr David Hanson

Added  NC18

To move the following Clause:—

‘(1)
Before making the Scheme, the Secretary of State must lay a draft of it before

Parliament.

(2)
The Secretary of State must not make the Scheme unless the draft has been

approved by a resolution of each House of Parliament.

(3)
Before making any alteration to a provision of the Scheme made by virtue of—

(a)
section [Eligibility and applications](1) (eligibility for payments under

the scheme),

(b)
section [Payments](1) (determination of amount of payment),

(c)
section [Payments](2)(a) (circumstances in which payment may be

withheld or reduced),

(d)
section [Payments](2)(d) (payments not to exceed specified maximum

amount), or

(e)
section [Reviews and appeals] (reviews and appeals),


the Secretary of State must lay before Parliament a draft of the provision as

proposed to be altered.

(4)
The Secretary of State must not give effect to the proposal concerned unless the

draft has been approved by a resolution of each House of Parliament.

(5)
Before making any other alteration to the Scheme the Secretary of State must lay

a statement of the altered provision before Parliament.

(6)
If a statement laid before either House of Parliament under subsection (5) is

disapproved by a resolution of that House passed before the end of the period of

40 days beginning with the date on which the statement was laid, the Secretary of

State must—

(a)
make such alterations in the Scheme as appear to the Secretary of State

to be required in the circumstances, and

(b)
before the end of the period of 40 days beginning with the date on which

the resolution was made, lay a statement of those alterations before

Parliament.

(7)
In calculating the period of 40 days mentioned in subsection (6), any period

during which Parliament is dissolved or prorogued or during which both Houses

are adjourned for more than 4 days is to be disregarded.’.

Public Bill Committee Proceedings: 23 February 2010
42

Crime and Security Bill, continued

Material subject to the Criminal Procedure (Scotland) Act 1995

Mr David Hanson

Read a second time on division and added  NC19

To move the following Clause:—

‘(1)
This section applies to the following material—

(a)
relevant physical data or samples taken under section 18(2), (6) or (6A)

of the 1995 Act (prints, samples etc. in criminal investigations), and

(b)
a DNA profile derived from a DNA sample falling within paragraph (a).

(2)
Material retained under this section must not be used other than—

(a)
in the interests of national security, or

(b)
for the purposes of a terrorist investigation.

(3)
Material to which this section applies may be retained—

(a)
if the chief constable determines that it is necessary for the material to be

retained for the purposes of national security, and

(b)
for as long as the determination has effect.

(4)
A determination mentioned in subsection (3)—

(a)
has effect for a maximum of 2 years beginning with the date on which the

material would (but for this section) first become liable for destruction

under the 1995 Act,

(b)
may be renewed.

(5)
The reference in subsection (3) to the chief constable is a reference to the chief

constable of the police force—

(a)
of which the constable who took (or directed the taking of) the material

was a member, or

(b)
in the case of a DNA profile, of which the constable who took (or directed

the taking of) the sample from which the profile was derived was a

member.

(6)
Subsection (3) has effect despite any provision to the contrary in the 1995 Act.

(7)
The reference in subsection (2) to using material includes a reference to allowing

any check to be made against it and to disclosing it to any person.

(8)
In this section—

“the 1995 Act” is the Criminal Procedure (Scotland) Act 1995,

“DNA profile” means any information derived from a DNA sample,

“DNA sample” means any material that has come from a human body and

consists of or includes human cells,

“terrorist investigation” has the meaning given by section 32 of the

Terrorism Act 2000.’.

Material subject to the Terrorism Act 2000 (Scotland)

Mr David Hanson

Read a second time on division and added  NC20

To move the following Clause:—

‘(1)
Schedule 8 to the Terrorism Act 2000 is amended as follows.

(2)
In paragraph 20—

Public Bill Committee Proceedings: 23 February 2010
43

Crime and Security Bill, continued

(a)
for sub-paragraph (3) there is substituted—

  “(3)
Material to which this sub-paragraph applies may be retained

after it has fulfilled the purpose for which it was taken or

derived.

    (3A)
Sub-paragraph (3) applies to the following material—

(a)
relevant physical data or samples taken by virtue of

this paragraph, and

(b)
a DNA profile derived from a DNA sample so taken.

    (3B)
Sub-paragraph (3)—

(a)
in the case to which sub-paragraph (1) relates, has

effect despite any provision to the contrary in the Act

referred to in that sub-paragraph,

(b)
in any case, is subject to paragraphs 20A to 20E.

    (3C)
In this paragraph and paragraphs 20A to 20I—

“DNA profile” means any information derived from a DNA

sample,

“ DNA sample” means any material that has come from a human

body and consists of or includes human cells.”,

(b)
sub-paragraph (4) is repealed.

(3)
After paragraph 20 there is inserted—

“20A (1)
A DNA sample to which paragraph 20(3) applies must be destroyed—

(a)
as soon as a DNA profile has been derived from the sample, or

(b)
if sooner, before the end of the period of 6 months beginning

with the date on which the sample was taken.

      (2)
Any other sample to which paragraph 20(3) applies must be destroyed

before the end of the period of 6 months beginning with the date on

which it was taken.

20B(1)
This paragraph applies to material falling within sub-paragraph (2)

relating to a person who—

(a)
has no previous convictions or only one exempt conviction,

(b)
is detained under Schedule 7 or section 41, and

(c)
is aged 18 or over on the date he is detained.

      (2)
Material falls within this sub-paragraph if it is—

(a)
relevant physical data to which paragraph 20(3) applies, or

(b)
a DNA profile to which that paragraph applies.

      (3)
The material must be destroyed—

(a)
in the case of relevant physical data, before the end of the

period of 6 years beginning with the date on which it was

taken,

(b)
in the case of a DNA profile, before the end of the period of 6

years beginning with the date on which the DNA sample from

which the profile was derived was taken (or, if the profile was

derived from more than one DNA sample, the date on which

the first of those samples was taken).

      (4)
But if, before the material is required to be destroyed by virtue of this

paragraph, the person is detained under Schedule 7 or section 41, the

Public Bill Committee Proceedings: 23 February 2010
44

Crime and Security Bill, continued

material may be further retained until the end of the period of 6 years

beginning with the date the person is detained.

      (5)
This paragraph ceases to have effect in relation to the material if,

before the material is required to be destroyed by virtue of this

paragraph, the person is convicted of—

(a)
an offence in Scotland which is punishable by imprisonment,

or

(b)
a recordable offence in England and Wales or Northern

Ireland.

20C(1)
This paragraph applies to material falling within sub-paragraph (2)

relating to a person who—

(a)
has no previous convictions or only one exempt conviction,

(b)
is detained under Schedule 7, and

(c)
and is aged under 18 on the date he is detained.

      (2)
Material falls within this sub-paragraph if it is—

(a)
relevant physical data to which paragraph 20(3) applies, or

(b)
a DNA profile to which that paragraph applies.

      (3)
The material must be destroyed—

(a)
in the case of relevant physical data, before the end of the

period of 3 years beginning with the date on which the

material was taken,

(b)
in the case of a DNA profile, before the end of the period of 3

years beginning with the date on which the DNA sample from

which the profile was derived was taken (or, if the profile was

derived from more than one DNA sample, the date on which

the first of those samples was taken).

      (4)
But if, before the material is required to be destroyed by virtue of this

paragraph, the person is detained under Schedule 7 or section 41—

(a)
where the person is aged 18 or over on the date he is detained,

the material may be further retained until the end of the period

of 6 years beginning with the date he is detained,

(b)
where—

(i)
the person is detained under Schedule 7, and

(ii)
the person is aged under 18 on the date he is detained,


the material may be further retained until the end of the period

of 3 years beginning with the date he is detained,

(c)
where—

(i)
the person is detained under section 41, and

(ii)
the person is aged under 16 on the date he is detained,


the material may be further retained until the end of the period

of 3 years beginning with the date the person is detained,

(d)
where—

(i)
the person is detained under section 41, and

(ii)
the person is aged 16 or 17 on the date he is detained,


the material may be further retained until the end of the period

of 6 years beginning with the date the person is detained.



© Parliamentary copyright 2010	Revised 24 February 2010