Public Bill Committee: 25 January 2011

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Police Reform and Social Responsibility Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

196

Clause  102,  page  65,  line  5,  leave out ‘commissioner’s’ and insert ‘panel’s’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

197

Clause  102,  page  65,  line  7,  leave out ‘commissioner’s’ and insert ‘panel’s’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

198

Clause  102,  page  65,  line  8,  leave out ‘commissioner’s’ and insert ‘panel’s’.

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.’.

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.’.

Public Bill Committee: 25 January 2011

215

Police Reform and Social Responsibility Bill, continued

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

17	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

18  (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),

(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.

Public Bill Committee: 25 January 2011

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Police Reform and Social Responsibility Bill, continued

How votes are to be counted

19  (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

20  (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.

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

Public Bill Committee: 25 January 2011

217

Police Reform and Social Responsibility Bill, continued

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: 25 January 2011

218

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.

NOTICES WITHDRAWN

The following Notices have been withdrawn:

Dr Julian Huppert

Mike Crockart

51

Schedule  6,  page  117,  line  30,  at end insert—

‘(3)	Co-opted members must be elected members of a participating authority,

selected in accordance with section 7 of this schedule.’.

Dr Julian Huppert

Mike Crockart

7

Clause  1,  page  1,  line  8,  after ‘London)’, insert ‘, subject to the referendum result

in each police area as in accordance with section 1 of this Act.’.

Dr Julian Huppert

Mike Crockart

8

Clause  1,  page  2,  line  32,  leave out from first ‘police’ to end of line 33 and insert

‘authority for a police area, as established under section 3 of the Police Act 1996, is

abolished upon the election of a police and crime commissioner to that police area.’.

Public Bill Committee: 25 January 2011

219

Police Reform and Social Responsibility Bill, continued

Dr Julian Huppert

Mike Crockart

9

Clause  28,  page  20,  line  9,  at beginning insert ‘Upon the election of a police and

crime commissioner.’.

Dr Julian Huppert

Mike Crockart

10

Clause  50,  page  31,  line  20,  after ‘election”)’, insert ‘, subject to the referendum

result in each police area as in accordance with section 1 of this Act.’.

Dr Julian Huppert

Mike Crockart

11

Clause  62,  page  38,  line  19,  at beginning insert—

‘(A1)

Subsection (1) applies subject to the referendum result in each police area as in

accordance with section 1 of this Act.’.

Dr Julian Huppert

Mike Crockart

12

Clause  96,  page  61,  line  38,  after ‘Schedule 1);’, insert—

‘(aa)

the existing police authority.’.

Dr Julian Huppert

Mike Crockart

13

Clause  96,  page  62,  leave out line 16.

Dr Julian Huppert

Mike Crockart

14

Clause  97,  page  62,  leave out line 39.

Dr Julian Huppert

Mike Crockart

15

Schedule  10,  page  131,  line  8,  leave out subsection (2).

Dr Julian Huppert

Mike Crockart

16

Schedule  11,  page  136,  line  18,  after ‘commissioner’, insert—

‘(aa)

if the area (or any part of it) falls within the police area of an existing

police authority.’.

Public Bill Committee: 25 January 2011

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Police Reform and Social Responsibility Bill, continued

Referendum on establishment of police and crime commissioner

Dr Julian Huppert

Mike Crockart

NC1

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.’.

Dr Julian Huppert

Mike Crockart

NS1

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

(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—

© Parliamentary copyright	Revised 25 January 2011