Session 2010 - 11
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Other Bills before Parliament


 
 

15

 

House of Commons

 
 

Thursday 24 March 2011

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Protection of Freedoms Bill


 

Note

 

The Amendments have been arranged in accordance with the Order of the

 

Committee [22 March].

 


 

James Brokenshire

 

1

 

Parliamentary Star    

Clause  18,  page  12,  line  32,  leave out ‘or’.

 

James Brokenshire

 

2

 

Parliamentary Star    

Clause  18,  page  12,  line  34,  at end insert—

 

‘(c)    

a person who has been found not guilty of the offence by reason of

 

insanity, or

 

(d)    

a person who has been found to be under a disability and to have done the

 

act charged in respect of the offence.’.

 

James Brokenshire

 

3

 

Parliamentary Star    

Clause  18,  page  12,  line  43,  at end insert—

 

‘(5)    

See also section 65(3) (which deals with findings equivalent to those mentioned

 

in subsection (1)(c) or (d) by courts which exercise jurisdiction under the laws of

 

countries or territories outside England and Wales).’.

 


 

James Brokenshire

 

8

 

Parliamentary Star    

Schedule  1,  page  87,  line  42,  after ‘(a)’ insert ‘in relation to a recordable offence in


 
 

Public Bill Committee: 24 March 2011                  

16

 

Protection of Freedoms Bill, continued

 
 

England and Wales or Northern Ireland—

 

(i)    

’.

 

James Brokenshire

 

9

 

Parliamentary Star    

Schedule  1,  page  87,  line  45,  leave out ‘(b)’ and insert—

 

‘(ii)    

the person has been found not guilty of the offence by reason

 

of insanity,

 

(iii)    

the person has been found to be under a disability and to have

 

done the act charged in respect of the offence, or

 

(iv)    

’.

 

James Brokenshire

 

10

 

Parliamentary Star    

Schedule  1,  page  88,  line  6,  at end insert—

 

‘( )    

the person, in relation to an offence in Scotland punishable by

 

imprisonment, has been acquitted on account of the person’s insanity

 

at the time of the offence or (as the case may be) by virtue of section

 

51A of the Criminal Procedure (Scotland) Act 1995,

 

( )    

a finding in respect of the person has been made under section 55(2)

 

of the Criminal Procedure (Scotland) Act 1995 in relation to an

 

offence in Scotland punishable by imprisonment,’.

 

James Brokenshire

 

11

 

Parliamentary Star    

Schedule  1,  page  97,  line  6,  leave out ‘or’.

 

James Brokenshire

 

12

 

Parliamentary Star    

Schedule  1,  page  97,  line  8,  at end insert—

 

‘(c)    

has been found not guilty of the offence by reason of insanity, or

 

(d)    

has been found to be under a disability and to have done the act

 

charged in respect of the offence’.

 

James Brokenshire

 

13

 

Parliamentary Star    

Schedule  1,  page  100,  line  22,  at end insert—

 

‘Part 7

 

Corresponding Northern Ireland provision for excepted or reserved matters

 

etc.

 

8    (1)  

The Secretary of State may make an order under sub-paragraph (2) or (3) if the

 

Secretary of State considers that the subject-matter in relation to Northern

 

Ireland of any provision of an Act of the Northern Ireland Assembly made in

 

2011 or 2012 (whether before or after the passing of this Act) is the same as

 

the subject-matter in relation to England and Wales of any provision made by

 

any of sections 1 to 18 and 23 to 25 of this Act.

 

      (2)  

The Secretary of State may by order make excepted or reserved provision in

 

relation to Northern Ireland which is about the same subject-matter as any

 

provision made in relation to England and Wales by any of sections 1 to 18 and

 

23 to 25 of this Act.


 
 

Public Bill Committee: 24 March 2011                  

17

 

Protection of Freedoms Bill, continued

 
 

      (3)  

The Secretary of State may by order make such provision as the Secretary of

 

State considers appropriate in consequence of the Act of the Northern Ireland

 

Assembly or an order under sub-paragraph (2).

 

      (4)  

The power to make an order under this paragraph—

 

(a)    

is exercisable by statutory instrument,

 

(b)    

includes power to make incidental, supplementary, transitional,

 

transitory or saving provision,

 

(c)    

may, in particular, be exercised by amending, repealing, revoking or

 

otherwise modifying any provision made by or under an enactment

 

(including this Act).

 

      (5)  

An order under this paragraph may not make provision which—

 

(a)    

deals with a transferred matter and, if it were contained in an Act of

 

the Northern Ireland Assembly, would be within the legislative

 

competence of the Northern Ireland Assembly,

 

(b)    

if it were contained in an Act of the Scottish Parliament, would be

 

within the legislative competence of the Scottish Parliament, or

 

(c)    

if it were contained in an Act of the National Assembly for Wales,

 

would be within the legislative competence of the National Assembly

 

for Wales.

 

      (6)  

Subject to sub-paragraph (7), a statutory instrument containing an order under

 

this paragraph is not to be made unless a draft of the instrument has been laid

 

before, and approved by a resolution of, each House of Parliament.

 

      (7)  

A statutory instrument containing an order under this paragraph which neither

 

amends nor repeals any provision of primary legislation is subject to

 

annulment in pursuance of a resolution of either House of Parliament.

 

      (8)  

In this paragraph—

 

“enactment” includes an Act of the Scottish Parliament, a Measure or Act

 

of the National Assembly for Wales and Northern Ireland legislation,

 

“excepted or reserved provision” means provision which—

 

(a)    

forms part of the law of Northern Ireland, but

 

(b)    

does not deal with a transferred matter,

 

“primary legislation” means—

 

(c)    

a public general Act,

 

(d)    

an Act of the Scottish Parliament,

 

(e)    

a Measure or Act of the National Assembly for Wales, and

 

(f)    

Northern Ireland legislation,

 

“transferred matter” has the meaning given by section 4(1) of the Northern

 

Ireland Act 1998.’.

 


 

James Brokenshire

 

4

 

Parliamentary Star    

Clause  37,  page  26,  line  38,  leave out ‘because it deals’ and insert ‘and would

 

deal’.

 



 
 

Public Bill Committee: 24 March 2011                  

18

 

Protection of Freedoms Bill, continued

 
 

James Brokenshire

 

5

 

Parliamentary Star    

Clause  38,  page  29,  line  40,  leave out ‘because it deals’ and insert ‘and would

 

deal’.

 


 

James Brokenshire

 

6

 

Parliamentary Star    

Clause  45,  page  33,  line  7,  leave out ‘because it deals’ and insert ‘and would deal’.

 


 

James Brokenshire

 

7

 

Parliamentary Star    

Clause  47,  page  34,  line  36,  leave out ‘because it deals’ and insert ‘and would

 

deal’.

 

 

Order of the House [1 MARCH 2011]

 

That the following provisions shall apply to the Protection of Freedoms 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 Tuesday 10 May 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.

 


 
 

Public Bill Committee: 24 March 2011                  

19

 

Protection of Freedoms Bill, continued

 
 

Protection of Freedoms Bill (Programme (No. 2)

 

 

That the Order of 1 March 2011 (Protection of Freedoms Bill (Programme)) be varied

 

as follows:

 

1.    

Paragraph 2 of the Order shall be omitted.

 

2.    

Proceedings in the Public Bill COmmittee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 17 May 2011.

 

 

Order of the Committee [22 March 2011]

 

That—

 

(1)  

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

 

22 March) meet—

 

(a)  

at 4.00 pm on Tuesday 22 March;

 

(b)  

at 9.00 am and 1.00 pm on Thursday 24 March;

 

(c)  

at 10.30 am and 4.00 pm on Tuesday 29 March;

 

(d)  

at 10.30 am and 4.00 pm on Tuesday 5 April;

 

(e)  

at 10.30 am and 4.00 pm on Tuesday 26 April;

 

(f)  

at 9.00 am and 1.00 pm on Thursday 28 April;

 

(g)  

at 10.30 am and 4.00 pm on Tuesday 3 May;

 

(h)  

at 10.30 am and 4.00 pm on Tuesday 10 May;

 

(i)  

at 9.00 am and 1.00 pm on Thursday 12 May;

 

(j)  

at 10.30 am and 4.00 pm on Tuesday 17 May;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 

TABLE

 

Date

Time

Witness

 
 

Tuesday 22 March

Until no later than

The Association of Chief

 
  

12.00 pm

Police Officers

 
 

Tuesday 22 March

Until no later than

Lord Macdonald of River

 
  

12.30 pm

Glaven QC (independent

 
   

reviewer of the review of

 
   

counter-terrorism and security

 
   

powers)

 
 

Tuesday 22 March

Until no later than

The Interception of

 
  

1.00 pm

Communications

 
   

Commissioner

 
 

Tuesday 22 March

Until no later than

Liberty, Justice, the Law

 
  

5.30 pm

Society and the Criminal Bar

 
   

Association

 
 

Tuesday 22 March

Until no later than

The Independent

 
  

6.30 pm

Safeguarding Authority and

 
   

Mrs Sunita Mason

 
   

(Independent Advisor for

 
   

Criminality Information

 
   

Management)

 
 

Tuesday 22 March

Until no later than

Genewatch UK and Action on

 
  

7.00 pm

Rights of Children

 
 

Thursday 24 March

Until not later than

The Information

 
  

10.05 am

Commissioner’s Office

 
 

Thursday 24 March

Until no later than

The Campaign for Freeedom

 
  

10.25 am

of Information

 
 

Thursday 24 March

Until no later than

The NSPCC, The Scout

 
  

2.00 pm

Association and Stonewall

 
 

Thursday 24 March

Until not later than

The Local Government

 
  

2.45 pm

Association and the Welsh

 
   

Local Government

 
   

Association

 
 

Thursday 24 March

Until no later than

The AA, the RAC Foundation,

 
  

3.45 pm

the British Parking

 
   

Association and the Security

 
   

Industry Authority

 
 

Thursday 24 March

Until no later than

Andrew Rennison (Interim

 
  

4.30 pm

CCTV Regulator) and

 
   

Birmingham Against Spy

 
   

Cameras;

 

 
 

Public Bill Committee: 24 March 2011                  

20

 

Protection of Freedoms Bill, continued

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order; Clauses 1 to 19; Schedule 1; Clauses 20 to 39; Schedule 2;

 

Clauses 40 to 53; Schedule 3; Clauses 54 to 56; Schedule 4; Clauses 57 to 60;

 

Schedule 5; Clauses 61 and 62; Schedule 6; Clauses 63 to 101; Schedules 7

 

and 8; Clauses 102 to 107; new Clauses; new Schedules; remaining

 

proceedings on the Bill;

 

(4)  

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

 

conclusion at 7.00 pm on Tuesday 17 May.

 


 
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Revised 24 March 2011