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On Question, amendments agreed to.
Clause 73, as amended, agreed to.
Clause 74 [Liability in respect of members of teams]:
Lord Rooker moved Amendment No. 335E:
The noble Lord said: In moving this amendment, I shall speak also to Amendments Nos. 335E to 335S. This group contains essentially minor amendments; they are not amendments of major substance. However, as my briefing does not refer to them as being "technical", perhaps I should put this on the record and speak to them briefly. I would not like to be accused later of misleading the Committee.
Clause 74 provides a legal basis for civil liabilities arising from operations of joint investigation teams set up under international agreements to which the United Kingdom is a party. As drafted, the clause envisages such teams involving police officers from England, Wales and Scotland, and law enforcement officers from abroad. Amendments Nos. 335I, 335J, 335L and 335M are counterpart provisions for Northern Ireland, envisaging that such teams could also include Northern Ireland police officers.
Amendments Nos. 335G and 335H reflect that international agreements are likely to include both reserved and devolved matters and, therefore, involve the Secretary of State, as well as the Scottish Ministers and this Parliament. Amendments Nos. 335E, 335F and 335N are minor drafting amendments in relation to the legislation for Scotland.
Amendment No. 335L, which amends subsection (5) of this clause, reflects the possibility that, with the agreement of the competent authorities of the countries setting up the joint investigation team, it could include members of international organisations such as Europol. Reimbursements might therefore be received from such organisations, as well as from other countries and territories.
Clause 75 provides that members of joint investigation teams set up under international agreements to which the United Kingdom is a party are to be treated in the same way as constables while in England, Wales and Scotland with regard to offences committed against them. Amendment No. 335S amends counterpart legislation for Northern Ireland to provide similar treatment for officers from abroad when in Northern Ireland as members of joint investigation teams.
Amendments Nos. 335Q and 335R reflect that international agreements are likely to include both reserved and transferred matters, and therefore involve the Secretary of State, as well as the Scottish Ministers and this Parliament. Amendment No. 335P is a minor drafting amendment in relation to the legislation for Scotland. I beg to move.
On Question, amendment agreed to.
Lord Rooker moved Amendments Nos. 335F to 335N:
On Question, amendments agreed to.
Clause 74, as amended, agreed to.
Clause 75 [Assaults on members of teams]:
Lord Rooker moved Amendments Nos. 335P to 335S:
On Question, amendments agreed to.
Clause 75, as amended, agreed to.
Lord Bradshaw moved Amendment No. 335T:
The noble Lord said: In moving Amendment No. 335T, I shall speak also to Amendments Nos. 335TA, 337A and 340AA, which are grouped together on the yellow sheet. They address two issues of considerable importance. We have been debating a large Bill about police reform but one key issue which is in need of desperate reform has been dumped again and again by governments of both parties. It is the issue of police pensions. I would couple with that—although it is not the subject today—fire service pensions.
The cost of police pensions is not a new issue for this House. The problem with the current police pension scheme is that it is under-funded. It means that the ongoing pension costs must be met by police authorities from the normal revenue account. Those costs are offset to an extent by the contributions made by serving police officers who pay from their monthly salaries 11 per cent, but that does not come close to meeting the existing pensions burden.
"(3) The enactments are—
(a) section 88(4)(a) of the 1996 Act (payments in respect of tort proceedings against constables and special constables);
(b) section 42(4)(a) of the 1997 Act (payments in respect of tort proceedings against members of, and constables serving with, NCIS);
(c) section 86(4)(a) of that Act (payments in respect of tort proceedings against members of, and constables serving with, the National Crime Squad);
(d) section 29(3)(a) of the Police (Northern Ireland) Act 1998 (c.32) (payments in respect of tort proceedings against police officers in Northern Ireland); and
(e) paragraph 7(4)(a) of Schedule 3 to that Act (payment in respect of tort proceedings against police officers serving with, or assisting, the Police Ombudsman).
(4) In section 42(6) of the 1997 Act (application to Scotland), paragraph (a) shall be omitted.
(5) In section 39 (1) of the Police (Scotland) Act 1967 (c. 77) (liability for wrongful acts of constables)—
(a) for "in reparation in respect of any wrongful act or omission" there shall be substituted "for any unlawful conduct"; and
(b) for "in respect of a wrongful act or omission" there shall be substituted "for any unlawful conduct".
(6) In section 39(4) of that Act, for "wrongful act or omission" there shall be substituted "unlawful conduct"."
Page 68, line 28, leave out "who is a member"
Page 68, line 34, leave out "officer of police" and insert "constable"
Page 68, line 49, after "by" insert "the Secretary of State with the consent of"
Page 69, line 2, leave out "the Scottish Parliament" and insert "either House of Parliament."
Page 69, line 3, at end insert—
"( ) In section 29 of the Police (Northern Ireland) Act 1998 (c. 32) (liability for wrongful acts of constables), after subsection (5) there shall be inserted—
"(6) This section shall have effect where an international joint investigation team has been formed under the leadership of a constable who is a member of the Police Service of Northern Ireland as if any unlawful conduct, in the performance or purported performance of his functions as such, of any member of that team who is neither—
(a) a constable, nor
(b) an employee of the Board,
were unlawful conduct of a constable under the direction and control of the Chief Constable.
(7) In this section "international joint investigation team" means any investigation team formed in accordance with—
(a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;
(b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or
(c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.
(8) A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament."
Page 69, line 6, after second "fund" insert "or by the Chief Constable of the Police Service of Northern Ireland"
Page 69, line 8, leave out "from the authorities of another country or territory"
Page 69, line 10, at end insert "or by that Chief Constable"
Page 69, line 11, after "fund" insert "or (as the case may be) to that Chief Constable"
Page 69, line 12, at end insert—
"( ) In Scotland, where—
(a) any sums are paid by virtue of this section by a police authority or a joint police board, and
(b) in pursuance of an international obligation, the Secretary of State receives any sum by way of reimbursement, in whole or in part, of the sums so paid,
the Secretary of State shall pay the sum received by him by way of reimbursement to the Scottish Ministers who shall pay it to that authority or board."
Page 69, line 44, leave out first "member" and insert "constable"
Page 70, line 11, after "by" insert "the Secretary of State with the consent of"
Page 70, line 13, leave out "the Scottish Parliament" and insert "either House of Parliament."
Page 70, line 14, at end insert—
"( ) In section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaults on constables), after subsection (3) there shall be inserted—
"(4) In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who—
(a) is a member of an international joint investigation team that is led by a member of the Police Service of Northern Ireland; and
(b) is carrying out his functions as a member of that team.
(5) In this section "international joint investigation team" means any investigation team formed in accordance with—
(a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;
(b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or
(c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.
(6) A statutory instrument containing an order under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.""
After Clause 75, insert the following new clause—
"PENSION ARRANGEMENTS
( ) The Police Pensions Act 1976 (c. 35) shall be repealed with effect from 31st March 2005.
( ) By 31st March 2003, the Secretary of State shall bring forward proposals for debate in both Houses of Parliament for the introduction, by 31st March 2005, of new pension arrangements for police officers, including arrangements to ensure the full and on-going costs of the new arrangements are met from a pension fund established from the Consolidated Fund."
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