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Lord Williams of Mostyn moved Amendment No. 155:
After Clause 92, insert the following new clause--
(" .--(1) Any person who, apart from this subsection, would not have power to disclose information--
(a) to a relevant authority; or
(b) to a person acting on behalf of such an authority,
shall have power to do so in any case where the disclosure is necessary or expedient for the purposes of any provision of this Act.
(2) In subsection (1) above "relevant authority" means--
(a) the chief officer of police for a police area in England and Wales;
(b) the chief constable of a police force maintained under the Police (Scotland) Act 1967;
(c) a police authority within the meaning given by section 101(1) of the Police Act 1996;
(d) a local authority, that is to say--
(i) in relation to England, a county council, a district council, a London borough council or the Common Council of the City of London;
(ii) in relation to Wales, a county council or a county borough council;
(iii) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
(e) a probation committee in England and Wales;
(f) a health authority.").
The noble Lord said: My Lords, I shall speak also to Amendment No. 160. Amendment No. 155 relates to the sharing of information. I gave an assurance to my noble friend Lady Hilton in Committee about concerns which related to disclosure or use of personal information where necessary or expedient for the purposes of the Bill. The purpose of the new clause is to provide power where there is none to allow for the disclosure by any person of information to relevant authorities or persons acting on their behalf, which is necessary or expedient for the purposes of the Bill.
The authority to share information is essential to the partnership approach to crime and disorder which the Bill requires. Much sharing already occurs between agencies under existing statutory and common law powers; for instance, between police, probation service and others. We are concerned that there should be no gaps.
I shall make three short points. First, the amendment gives a power to disclose. It goes no further than that. Secondly, the disclosure is limited to that to and between the relevant statutory authorities--local authorities, police, probation service and health authorities, and those acting on their behalf. It is limited to what is necessary or expedient for the Bill, and goes no further.
Thirdly, the clause covers only those occasions where the power to disclose does not already exist. It does not therefore override existing powers or interfere with existing conventions or protocols. It merely means that a body or an individual may be certain of the power to disclose information. Amendment No. 160 contains a consequential amendment to ensure that this provision applies also to Scotland. I beg to move.
On Question, amendment agreed to.
Clause 94 [General interpretation]:
Lord Williams of Mostyn moved Amendment No. 156:
The noble Lord said: My Lords, I shall speak to Amendments Nos. 156 to 221. I point out for your Lordships' assistance that Amendments Nos. 168, 177 and 191 have been withdrawn and replaced by Amendments Nos. 168A, 177A and 191A.
I could if pressed, indeed tempted, explain all the amendments in some detail, if only to get our own back. I shall not do that. The purposes of the amendments are dealt with fully, I hope, in the letters of 11th and 12th March which I sent to the noble Lord, Lord Henley,
I have already spoken to other amendments in the group. As I say, I am at your Lordships' disposal, but I do not believe that a further illumination or elucidation will be enormously helpful, bearing in mind, I hope, that the ground has been fully laid, as I indicated. I beg to move.
On Question, amendment agreed to.
Lord Williams of Mostyn moved Amendments Nos. 157 to 162:
Page 78, leave out line 20.
Page 78, line 31, at end insert--
("(1A) In this Act--
"the 1993 Act" means the Prisoners and Criminal Proceedings (Scotland) Act 1993; and
"the 1995 Act" means the Criminal Procedure (Scotland) Act 1995.").
Page 79, line 12, after ("section,") insert ("section 91 above").
Page 79, line 26, leave out ("and 91") and insert (", 91 and 94(1A)").
Page 79, line 30, at end insert--
("( ) section (Disclosure of information);").
Page 79, line 33, after ("(3),") insert ("23, 23A,").
Before Schedule 1, insert the following new schedule--
("SCHEDULE
"Schedule 2A
Retention and disposal of property seized under section 54(2A) of this Act
Application
1. This schedule applies to property seized under section 54(2A) of this Act.
Retention
2.--(1) Subject to sub-paragraph (2) below, property to which this Schedule applies may be retained for a period of twenty-eight days beginning with the day on which it was seized.
(2) Where proceedings for an offence are instituted within the period specified in sub-paragraph (1) above against any person, the property may be retained for a period beginning on the day on which it was seized and ending on the day when--
(a) the prosecutor certifies that the property is not, or is no longer, required as a production in criminal proceedings or for any purpose relating to such proceedings;
(b) the accused in such proceedings--
(i) is sentenced or otherwise dealt with for the offence; or
(ii) is acquitted of the offence; or
(c) the proceedings are expressly abandoned by the prosecutor or are deserted simpliciter.
Arrangements for custody of property
3.--(1) Subject to the proviso to section 17(3)(b) of the Police (Scotland) Act 1967 (duty to comply with instructions received from prosecutor), the chief constable shall, in accordance with the provisions of this Schedule, make such arrangements as he considers appropriate for the care, custody, return or disposal of property to which this Schedule applies.
(2) Any reference in this Schedule to property being in the possession of, delivered by or disposed of by, the chief constable includes a reference to its being in the possession of, delivered by or disposed of by, another person under arrangements made under sub-paragraph (1) above.
Disposal
4. Where the period of retention permitted by paragraph 2 above expires and the chief constable has reason to believe that the person from whom the property was seized is not the owner or the person having right to possession of it, he shall take reasonable steps to ascertain the identity of the owner or of the person with that right and to notify him of the procedures determined under paragraph 5(1) below.
5.--(1) Subject to sub-paragraphs (5) and (6) below, the owner or any person having right to possession of any property to which this Schedule applies and which, at the expiry of the period of retention permitted by paragraph 2 above, is in the possession of the chief constable may at any time prior to its disposal under paragraph 6 below claim that property in accordance with such procedure as the chief constable may determine.
(2) Subject to sub-paragraphs (3), (5) and (6) below, where the chief constable considers that the person making a claim in accordance with the procedure determined under sub-paragraph (1) above is the owner of the property or has a right to possession of it, he shall deliver the property to the claimant.
(3) Subject to sub-paragraph (4) below, the chief constable may impose such conditions connected with the delivery to the claimant of property under sub-paragraph (2) above as he thinks fit and, without prejudice to that generality, such conditions may relate to the payment of such reasonable charges (including any reasonable expenses incurred in relation to the property by or on behalf of him) as he may determine.
(4) No condition relating to the payment of any charge shall be imposed by the chief constable on the owner or person having right of possession of the property where he is satisfied that that person did not know, and had no reason to suspect that the property to which this Schedule applies was likely to be used in a manner which gave rise to its seizure.
(5) This paragraph does not apply where the period of retention expires in such manner as is mentioned in paragraph 2(2)(b)(i) above and the court by which he was convicted has made a suspended forfeiture order or a restraint order in respect of the property to which this Schedule applies.
(6) This paragraph shall cease to apply where at any time--
(a) the property to which this Schedule applies--
(i) is seized under any other power available to a constable; or
(ii) passes into the possession of the prosecutor; or
(b) proceedings for an offence are instituted, where the property to which this Schedule applies is required as a production.
6.--(1) Where this sub-paragraph applies, the chief constable may--
(a) sell property to which this Schedule applies; or
(b) if in his opinion it would be impracticable to sell such property, he may dispose of it.
(2) Sub-paragraph (1) above applies--
(a) at any time after the expiry of the relevant period where, within that period--
(i) no claim has been made under paragraph 5 above; or
(ii) any such a claim which has been made has been rejected by the chief constable; and
(b) where a claim has been made under paragraph 5 above and not determined within the relevant period, at any time after the rejection of that claim by the chief constable.
(3) In sub-paragraph (2) above, the "relevant period" means a period of six months beginning with the day on which the period of retention permitted by paragraph 2 above expired.
(4) Sections 71, 72 and 77(1) of this Act shall apply to a disposal under this paragraph as they apply to a disposal under section 68 of this Act.
Appeals
7.--(1) A claimant under sub-paragraph (2) of paragraph 5 above may appeal to the sheriff against any decision of the chief constable made under that paragraph as respects the claim.
(2) The previous owner of any property disposed of for value under paragraph 6 above may appeal to the sheriff against any decision of the chief constable made under section 72 of this Act as applied by sub-paragraph (4) of that paragraph.
(3) Subsections (3) to (5) of section 76 of this Act shall apply to an appeal under this paragraph as they apply to an appeal under that section.
Interpretation
8. In this Schedule--
"chief constable" means the chief constable for the police area in which the property to which this Schedule applies was seized, and includes a constable acting under the direction of the chief constable for the purposes of this Schedule;
"restraint order" shall be construed in accordance with section 28(1) of the Proceeds of Crime (Scotland) Act 1995;
"suspended forfeiture order" shall be construed in accordance with section 21(2) of that Act." ").
On Question, amendments agreed to.
Schedule 2 [Procedure where persons are sent for trial under section 42]:
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