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

Amendments 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

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

James Brokenshire

2

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

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

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

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

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

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

James Brokenshire

12

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

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

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

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

deal’.

James Brokenshire

6

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

James Brokenshire

7

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.

© Parliamentary copyright	Revised 24 March 2011