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On Question, amendments agreed to.
[Amendments Nos. 58 and 59 not moved.]
Lord Rooker moved Amendments Nos. 60 and 61:
On Question, amendments agreed to.
Lord Rooker moved Amendments Nos. 63 to 65:
On Question, amendments agreed to.
[Amendment No. 66, as an amendment to Amendment No. 65, not moved.]
Lord Rooker moved Amendments Nos. 68 to 70:
On Question, amendments agreed to.
[Amendment No. 71, as an amendment to Amendment No. 70, not moved.]
[Amendments Nos. 72 to 82 not moved.]
[Amendment No. 83, as an amendment to Amendment No. 82, not moved.]
[Amendments Nos. 84 to 92 not moved.]
[Amendment No. 93, as an amendment to Amendment No. 92, not moved.]
Lord Rooker moved Amendment No. 95:
On Question, amendment agreed to.
Lord Rooker moved Amendments Nos. 97 to 103:
On Question, amendments agreed to.
Clause 9 [The Independent Police Complaints Commission]:
Lord Rooker moved Amendment No. 104:
The noble Lord said: My Lords, I shall also speak to Amendment No. 105. The first amendment is a drafting amendment as the words to be left out are superfluous.
The second is in response to an amendment tabled in Committee by the noble Lord, Lord Dixon-Smith, and the noble Viscount, Lord Bridgeman. I said then that accredited persons will be members of the extended police family and, as such, will work closely with the police. Although they are not employed by a chief constable and they exercise very limited police powers, it would not make sense to have on the commission someone who is doing that job, or who has done that job. It is possible that they will be viewed as lacking in independence and objectivity because of their association with police work. Therefore, I am fulfilling a commitment to return with an amendment. I beg to move.
Lord Dixon-Smith: My Lords, I welcome Amendment No. 105, which we are grateful to see on the Marshalled List.
On Question, amendment agreed to.
Lord Rooker moved Amendment No. 105:
On Question, amendment agreed to.
Schedule 2 [The Independent Police Complaints Commission]:
"(4A) The Secretary of State shall lay any code of practice issued by him under this section, and any revisions of any such code, before Parliament.
(4B) The Secretary of State shall not be required by subsection (4A) to lay before Parliament, or may exclude from what he does so lay, anything the publication of which, in his opinion—
(a) would be against the interests of national security;
(b) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or
(c) could jeopardise the safety of any person."
Page 86, line 29, after "such" insert "remedial"
Page 86, line 30, at end insert—
"(1A) Those remedial measures must not relate to any matter other than—
(a) a matter by reference to which the report contains a statement of opinion falling within subsection (1)(a) or (b); or
(b) a matter that the Secretary of State considers relevant to any matter falling within paragraph (a)."
Page 86, line 40, after "such" insert "remedial"
Page 86, line 41, at end insert—
"(3) Those remedial measures must not relate to any matter other than—
(a) a matter by reference to which the report contains a statement of opinion falling within subsection (2)(a) or (b); or
(b) a matter that the Scottish Ministers consider relevant to any matter falling within paragraph (a)."
Page 86, line 41, at end insert—
"(4) If the Secretary of State exercises his power to give a direction under this section—
(a) he shall prepare a report on his exercise of that power; and
(b) he shall lay that report before Parliament.
(5) If the Scottish Ministers exercise their power to give a direction under this section—
(a) they shall prepare a report on their exercise of that power; and
(b) they shall lay that report before the Scottish Parliament.
(6) A report under subsection (4) or (5)—
(a) shall be prepared at such time as the Secretary of State considers or, as the case may be, the Scottish Ministers consider appropriate; and
(b) may relate to more than one exercise of the power to give a direction under this section."
Page 87, line 13, after "such" insert "remedial"
Page 87, line 13, at end insert—
"(2) Those remedial measures must not relate to any matter other than—
(a) a matter by reference to which the report contains a statement of opinion falling within subsection (1)(a) or (b); or
(b) a matter that the Secretary of State considers relevant to any matter falling within paragraph (a)."
Page 87, line 13, at end insert—
"(3) If the Secretary of State exercises his power to give a direction under this section—
(a) he shall prepare a report on his exercise of that power; and
(b) he shall lay that report before Parliament.
(4) A report under subsection (3)—
(a) shall be prepared at such time as the Secretary of State considers appropriate; and
(b) may relate to more than one exercise of the power to give a direction under this section."
Page 90, line 35, leave out "such persons as he" and insert "with—
(a) the Service Authority for the National Crime Squad;
(b) the Director General of that Squad;
(c) persons whom the Secretary of State considers to represent the interests of police authorities;
(d) persons whom the Secretary of State considers to represent the interests of chief officers of police; and
(e) such other persons as the Secretary of State"
Page 91, line 6, leave out "operational"
Page 91, line 7, leave out "operational"
Page 91, line 10, after "from" insert "—
(a) the chief inspector of constabulary; and"
Page 91, line 11, at end insert—
"( ) A request for the purposes of subsection (2) may specify a period within which the requested advice is to be provided; and, if a period is so specified, the requested advice must be provided within it."
Page 91, line 11, at end insert—
"( ) Before seeking advice under subsection (2) the Secretary of State shall consult about his proposal to do so with—
(a) persons whom he considers to represent the interests of police authorities; and
(b) persons whom he considers to represent the interests of chief officers of police."
Page 91, line 14, leave out "shall consult such persons as it" and insert "("the CPTDA") shall consult with—
(a) the NCS Service Authority;
(b) the Director General of the National Crime Squad;
(c) persons whom the CPTDA considers to represent the interests of police authorities;
(d) persons whom the CPTDA considers to represent the interests of chief officers of police; and
(e) such other persons as the CPTDA"
Page 91, line 14, at end insert—
"(3A) The Secretary of State shall not make any regulations under this section requiring the adoption of any procedure or practice unless—
(a) he has, as respects that procedure or practice, received advice from the Central Police Training and Development Authority and has considered that advice; and
(b) the advice of the chief inspector of constabulary states that that inspector is satisfied as to the matters mentioned in subsection (3B); and
(c) the Secretary of State himself is satisfied as to those matters.
(3B) Those matters are—
(a) that the adoption of that procedure or practice is necessary in order to facilitate the carrying out by members of the National Crime Squad and of any one or more police forces of joint or co-ordinated operations;
(b) that the making of regulations is necessary for securing the adoption of that procedure or practice; and
(c) that securing the adoption of that procedure or practice is in the national interest."
Page 7, line 18, leave out "at any time"
9 p.m.
Page 7, line 20, at end insert—
"( ) he is a person in relation to whom an accreditation under section 36 is or has been in force;"
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