Public Bill Committee: 3 February 2011

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Police Reform and Social Responsibility Bill, continued

Dr Julian Huppert

Mike Crockart

579

Clause  115,  page  77,  leave out lines 31 to 33.

David T. C. Davies

558

Clause  119,  page  80,  line  18,  at end insert—

‘(ba)

the Chief Officer of the British Transport Police,’.

Member’s explanatory statement

This amendment would give the British Transport Police the same jurisdictional responsibilities

in this respect as those enjoyed by Home Office and Scottish police forces.

Dr Julian Huppert

Mike Crockart

577

Clause  120,  page  82,  leave out lines 23 to 33.

Dr Julian Huppert

Mike Crockart

578

Clause  120,  page  83,  leave out lines 21 to 32.

Dr Julian Huppert

Mike Crockart

574

Clause  124,  page  86,  line  30,  leave out ‘not’.

Dr Julian Huppert

Tom Brake

3

Schedule  16,  page  175,  line  22,  leave out ‘two’ and insert ‘four’.

Dr Julian Huppert

Tom Brake

4

Schedule  16,  page  175,  line  29,  at end add ‘sufficient to constitute a social

problem’.

Public Bill Committee: 3 February 2011

455

Police Reform and Social Responsibility Bill, continued

Dr Julian Huppert

Tom Brake

5

Schedule  16,  page  175,  line  29,  at end insert—

‘(3A)

The third condition is that the Secretary of State shall have consulted with the

Advisory Council on the Misuse of Drugs as to its opinion on the merits of

making a temporary class drug order.’.

Dr Julian Huppert

Tom Brake

6

Schedule  16,  page  175,  line  29,  at end insert—

‘(3B)

The fourth condition is that the Secretary of State shall have requested the

Advisory Council on the Misuse of Drugs to begin investigating the merits of

making the substance or product a class A drug, a class B drug or a class C drug.’.

James Brokenshire

567

Schedule  16,  page  176,  line  6,  leave out ‘such’.

James Brokenshire

568

Schedule  16,  page  176,  line  7,  leave out ‘A temporary class drug order’ and insert

‘An order under this section’.

James Brokenshire

569

Schedule  16,  page  176,  line  8,  leave out ‘a temporary class drug order’ and insert

‘an order under this section’.

James Brokenshire

570

Schedule  16,  page  178,  line  3,  leave out ‘the reference in subsections (1) and’ and

insert ‘a reference in subsection (1) or’.

James Brokenshire

571

Schedule  16,  page  178,  line  4,  leave out ‘(in the case of subsection (1)) section

10(2)(i)’ and insert ‘(i)’.

James Brokenshire

572

Schedule  16,  page  178,  line  9,  leave out ‘(in the case of subsection (1)) section

10(2)(i)’ and insert ‘(as the case may be) (i)’.

James Brokenshire

573

Schedule  16,  page  179,  line  19,  at end insert—

‘18A	In section 37(1) (interpretation), after the definition of “supplying” insert—

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456

Police Reform and Social Responsibility Bill, continued

““temporary class drug order” means an order made under section

2A(1);”.’.

Dr Julian Huppert

Tom Brake

2

Clause  150,  page  100,  line  1,  leave out from ‘omit’ to end of line and insert

‘paragraph (a) and insert “(a) a number of persons comprising at least a third of the

membership with wide and recent experience of relevant areas of science or medicine.”’.

New Clause

Code of practice on the operational independence of chief constables

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

NC2

To move the following Clause:—

‘(1)	The Secretary of State shall publish a Code of Practice on the Operational

Independence of Chief Constables detailing where their actions shall be

independent of the Police and Crime Commissioner.

(2)	Regulations to bring into force a Code of Practice under subsection (1) shall be

subject to agreement by affirmative resolution of both Houses of Parliament.’.

New Schedule

Mike Crockart

Dr Julian Huppert

NS2

To move the following Schedule:—

‘Alternative Vote System

19	This Schedule applies to an election under Chapter 6 of Part 1 of a police and

crime commissioner for a police area at which there are three or more

candidates.

How votes are to be given

20  (1)

A voter votes by marking the ballot paper with—

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457

Police Reform and Social Responsibility Bill, continued

(a)	the number 1 opposite the name of the candidate who is the voter’s

first preference (or, as the case may be, the only candidate for whom

the voter wishes to vote),

(b)	if the voter wishes, the number 2 opposite the name of the candidate

who is the voter’s second preference, and so on.

(2)	The voter may mark as many preferences (up to the number of candidates) as

the voter wishes.

How votes are to be counted

21  (1)

This rule sets out how votes are to be counted, in one or more stages of

counting, in order to give effect to the preferences marked by voters on their

ballot papers and so to determine which candidate is elected.

(2)	Votes shall be allocated to candidates in accordance with voters’ first

preferences and, if one candidate has more votes than the other candidates put

together, that candidate is elected.

(3)	If not, the candidate with the fewest votes is eliminated and that candidate’s

votes shall be dealt with as follows—

(a)	each vote cast by a voter who also ranked one or more of the remaining

candidates shall be reallocated to that remaining candidate or (as the

case may be) to the one that the voter ranked highest;

(b)	any votes not reallocated shall play no further part in the counting.

(4)	If, after that stage of counting, one candidate has more votes than the other

remaining candidates put together, that candidate is elected.

(5)	If not, the process mentioned in paragraph (3) above shall be repeated as many

times as necessary until one candidate has more votes than the other remaining

candidates put together, and so is elected.

Information to be given by returning officer after each stage of counting

22  (1)

If no candidate is elected (as mentioned in rule 2(2)) at the first stage of

counting, the returning officer shall, immediately after that stage, record and

make publicly available the following information—

(a)	the number of first-preference votes obtained by each candidate;

(b)	which candidate was eliminated;

(c)	the number of rejected ballot papers.

(2)	Immediately after each subsequent stage of counting, except the final stage (on

completion of which the requirements in rule 2(5) apply), the returning officer

shall record and make publicly available the following information—

(a)	the number of votes obtained by each candidate at that stage (including

any reallocated in accordance with rule 1);

(b)	which candidate was eliminated at that stage;

(c)	the number of votes of the candidate eliminated at the previous stage

that were not reallocated.’.

Member’s explanatory statement

This Schedule sets out the proposed change to the voting system for the election of a

Commissioner.

Order of the House [13 DECEMber 2010]

That the following provisions shall apply to the Police Reform and Social

Responsibility Bill—

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458

Police Reform and Social Responsibility Bill, continued

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 17 February 2011.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [18 january 2011]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

18 January) meet—

(a)	at 4.00 pm on Tuesday 18 January;

(b)	at 9.00 am and 1.00 pm on Thursday 20 January;

(c)	at 10.30 am and 4.00 pm on Tuesday 25 January;

(d)	at 9.00 am and 1.00 pm on Thursday 27 January;

(e)	at 10.30 am and 4.00 pm on Tuesday 1 February;

(f)	at 9.00 am and 1.00 pm on Thursday 3 February;

(g)	at 10.30 am and 4.00 pm on Tuesday 8 February;

(h)	at 9.00 am and 1.00 pm on Thursday 10 February;

(i)	at 10.30 am and 4.00 pm on Tuesday 15 February;

(j)	at 9.00 am and 1.00 pm on Thursday 17 February;

(2)	the Committee shall hear oral evidence in accordance with the following

Table—

TABLE

	Date	Time	Witness
	Tuesday 18	Until no later than	The Association of Police Authorities; Louise
	January	1 pm	Casey, Victims’ Commissioner; the
			Association of Chief Police Officers; Police
			Federation of England and Wales
	Tuesday 18	Until no later than	Ian Loader, Professor of Criminology and
	January	6 pm	Director of Criminology at All Souls College,
			University of Oxford; Chief Constable of
			West Midlands Police; Rick Muir, Institute
			for Public Policy Research
	Thursday 20	Until no later than	The Local Government Association; the Chair
	January	10.25 am	of the Advisory Council on the Misuse of
			Drugs; the Wine and Spirit Trade Association;
			the British Beer and Pub Association
	Thursday 20	Until no later than	The Metropolitan Police Service; Liberty
	January	2.30 pm
	Thursday 20	Until no later than	Keir Starmer QC, Director of Public
	January	3.15 pm	Prosecutions.

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Police Reform and Social Responsibility Bill, continued

(3)	proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clause 1; Schedule 1; Clause 2; Schedule 2; Clause 3;

Schedule 3; Clause 4; Schedule 4; Clauses 5 to 26; Schedule 5; Clauses 27

and 28; Schedule 6; Clauses 29 to 31; Schedule 7; Clauses 32 to 38; Schedule

8; Clauses 39 to 57; Schedule 9; Clauses 58 to 76; Schedule 10; Clauses 77

to 89; Schedule 11; Clause 90; Schedule 12; Clause 91; Schedule 13; Clauses

92 to 98; Schedule 14; Clause 99; Schedule 15; Clauses 100 to 149; Schedule

16; Clauses 150 to 156;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 3.00 pm on Thursday 17 February 2011.

© Parliamentary copyright	Revised 3 February 2011