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Public Bill Committee: 20 January 2011                  

39

 

Police Reform and Social Responsibility Bill, continued

 
 

Nick Herbert

 

79

 

Parliamentary Star    

Schedule  15,  page  153,  line  25,  leave out ‘plan’ and insert ‘code’.

 

Nick Herbert

 

80

 

Parliamentary Star    

Schedule  15,  page  159,  line  6,  leave out ‘, omit paragraphs 55 and 57’ and insert

 

‘—

 

(a)    

for paragraph 55 substitute—

 

“55      

A police and crime commissioner established under section

 

1 of the Police Reform and Social Responsibility Act

 

2011.”;

 

(b)    

for paragraph 57 substitute—

 

“57      

The Mayor’s Office for Policing and Crime established

 

under section 3 of the Police Reform and Social

 

Responsibility Act 2011.”.’.

 

Nick Herbert

 

81

 

Parliamentary Star    

Schedule  15,  page  163,  line  31,  leave out ‘finance officer’ and insert ‘executive’.

 


 

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’.

 

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.’.


 
 

Public Bill Committee: 20 January 2011                  

40

 

Police Reform and Social Responsibility Bill, continued

 
 

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.’.

 


 

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

 

Referendum on establishment of police and crime commissioner

 

Dr Julian Huppert

 

Mike Crockart

 

NC1

 

Parliamentary Star - white    

To move the following Clause:—

 

‘A referendum shall be held in each police area listed in Schedule 1 to the Police

 

Act 1996 (Police areas outside london) on the establishment of a police and crime

 

commissioner for that police area in which the referendum was held.’.

 


 

New Schedules

 

Dr Julian Huppert

 

Mike Crockart

 

NS1

 

Parliamentary Star - white    

To move the following Schedule:—

 

‘Referendum on establishment of police and crime commissioner

 

    (1)  

A referendum on the establishment of a police and crime commissioner shall

 

be held in each police area listed in Schedule 1 to the Police Act 1996 (Police

 

areas outside London) in 2012—

 

(a)    

in England, on the day which is the ordinary day of election in that

 

year of councillors for counties in England and districts (see sections

 

37 and 37A of the Representation of the People Act 1983), and


 
 

Public Bill Committee: 20 January 2011                  

41

 

Police Reform and Social Responsibility Bill, continued

 
 

(b)    

in Wales, on the day which is the ordinary day of election in that year

 

of councillors for counties in Wales and county boroughs (see sections

 

37 and 37B of that Act).

 

      (2)  

Within six months of Royal Assent the Secretary of State must lay before

 

Parliament an order containing the proposition to be voted on in the

 

referendums.

 

      (3)  

Before making the order the Secretary of State must consult—

 

(a)    

all local authorities within England and Wales, excluding the

 

Metropolis,

 

(b)    

such persons as appear to the Secretary of State to represent the views

 

of chief officers of police,

 

(c)    

such other persons as the Secretary of State sees fit.

 

      (4)  

Those entitled to vote in the referendums shall be the persons who, on the date

 

of the referendums would be entitled to vote as electors at a local government

 

election in any electoral area in England and Wales, excluding the Metropolis.

 

But an alteration in a register of electors under section 11(1) or (2) or 57 of the

 

Representation of the People Act 1983 (Correction of registers and registration

 

appeals) shall not have effect for the purposes of the referendum unless it is

 

made before the start of the period of 11 days ending with the date of the

 

referendum.

 

      (5)  

The Secretary of State shall appoint a Chief Counting Officer for each police

 

area.

 

      (6)  

Each chief counting officer shall—

 

(a)    

conduct the counting of votes cast in the area for which he is

 

appointed, and

 

(b)    

certify, for each of the two forms of ballot paper, the number of ballot

 

papers counted by him and the number of votes cast for each

 

proposition.

 

      (7)  

The Chief Counting Officer shall certify, for each of the two forms of ballot

 

paper, the total of—

 

(a)    

the ballot papers counted, and

 

(b)    

the votes cast for each proposition, for the whole of their police area.’.

 


 

Mike Crockart

 

Dr Julian Huppert

 

NS2

 

Parliamentary Star - white    

To move the following Schedule:—

 

‘Alternative Vote System

 

1          

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

 

2    (1)  

A voter votes by marking the ballot paper with—

 

(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),


 
 

Public Bill Committee: 20 January 2011                  

42

 

Police Reform and Social Responsibility Bill, continued

 
 

(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

 

3    (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

 

4    (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—

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.


 
 

Public Bill Committee: 20 January 2011                  

43

 

Police Reform and Social Responsibility Bill, continued

 
 

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.

 

 
 

Public Bill Committee: 20 January 2011                  

44

 

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.

 


 
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Revised 20 January 2011