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Lord Williams of Mostyn moved Amendment No. 50:



"POLICE POWERS FOR DESIGNATED CONTRACTED-OUT STAFF
(1) This section applies if the Board has entered into a contract with a person ("the contractor") for the provision of services relating to the detention or escort of persons who have been arrested or are otherwise in custody.
(2) The Chief Constable may designate an employee of the contractor as an officer of either or both of these descriptions—
(a) detention officer;
(b) escort officer.
(3) The Chief Constable may designate a person under this section only if he is satisfied that these requirements are met—
(a) the person is a suitable person to carry out the functions for the purposes of which he is to be designated;
(b) the person is capable of effectively carrying out those functions;
(c) the person has received adequate training in the carrying out of those functions and in the exercise of the powers and performance of the duties to be conferred or imposed on him by his designation;
(d) the contractor is a fit and proper person to supervise the carrying out of the functions for the purposes of which the person is to be designated.
(4) A person designated under this section has—
(a) the powers conferred on him by his designation;
(b) the duties imposed on him by his designation.
(5) A designation under this section may confer powers or impose duties on a person only by applying the powers or duties to him.
(6) The powers and duties that may be applied to a person designated under this section by his designation are any or all of those specified in the applicable Part of Schedule 1.
(7) The applicable Part of Schedule 1 is—
(a) Part 2, in the case of a person designated under this section as a detention officer;
(b) Part 3, in the case of a person designated under this section as an escort officer.
(8) If a power is conferred or a duty imposed on a person designated under this section by his designation—
(a) the power or duty does not authorise or require him to engage in any conduct otherwise than in the course of his employment as an employee of the contractor;
(b) the power may be conferred or the duty imposed subject to restrictions or conditions specified in the designation.
(9) Subsection (10) applies in relation to the exercise of a power by a person designated under this section in reliance on his designation if the power is one which, if exercised by a police officer, includes or is supplemented by a power to use reasonable force.
(10) The designated person has the same entitlement to use reasonable force as a police officer would have if the power were exercised by him.
(11) A designation under this section, unless it is previously withdrawn or ceases to have effect under subsection (12), shall remain in force for such period as may be specified in the designation; but it may be renewed at any time with effect from the time when it would otherwise expire.
(12) A designation under this section shall cease to have effect—
(a) if the designated person ceases to be an employee of the contractor; or
(b) if the contract between the Board and the contractor is terminated or expires."

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On Question, amendment agreed to.

Schedule 1 [Powers exercisable by designated police support staff]:

Lord Williams of Mostyn moved Amendments Nos. 51 to 53:


    Page 16, line 10, leave out from "arrest)" to end of line.


    Page 16, line 12, leave out "any such"


    Page 16, line 20, leave out from second "person)" to "as" in line 21.

The noble and learned Lord said: My Lords, in moving Amendments Nos. 51 to 53, I shall speak also to Amendments Nos. 56 and 57, 59 to 61, 63 and 64, 66 to 68 and 72.

These amendments will remove references to "relevant police area" in the Bill. Because of the Bill's limited extent, it is sufficient to restrict the exercise of the powers in question to Northern Ireland, despite the fact that the powers are conferred by statute with a United Kingdom extent. The "relevant police area" references replicate the Police Reform Act when it might be necessary to move a prisoner from one constabulary area to another within England and Wales. Because there is only one police area in Northern Ireland, that phrase is not appropriate. I beg to move.

On Question, amendments agreed to.

Lord Williams of Mostyn moved Amendments Nos. 54 and 55:


    Page 20, line 7, at end insert—


"(2) Article 5 of the Criminal Evidence (Northern Ireland) Order 1988 (S.I. 1988/1987 (N.I. 20)) (consequences of failure by arrested person to account for objects etc.) applies (without prejudice to the effect of any designation applying paragraph 8A) in the case of a person arrested in exercise of the power exercisable by virtue of this paragraph as it applies in the case of a person arrested by a constable." Page 20, line 33, at end insert—

"Power to require arrested person to account for certain matters

8A Where a designation applies this paragraph to a person—
(a) he has the powers of a constable under Articles 5(1)(c) and 6(1)(c) of the Criminal Evidence (Northern Ireland) Order 1988 (S.I. 1988/1987 (N.I. 20)) to request a person who has been arrested by a constable or by a person to whom paragraph 7 applies to account for the presence of an object, substance or mark or for the presence of the arrested person at a particular place; and
(b) the references to a constable in Articles 5(1)(b) and (c) and (4) and 6(1)(b) and (c) and (3) of that Order accordingly include references to the person to whom this paragraph is applied."

The noble and learned Lord said: My Lords, the purpose of the amendments is to apply Articles 5 and 6 of the Criminal Evidence (Northern Ireland) Order 1988 to designated investigating officers. Those powers replicate the powers given to designated officers in England and Wales under the Police Reform Act 2002. It was initially thought that there was no equivalent to the Criminal Justice and Public Order Act in Northern Ireland legislation. However, we have subsequently discovered that this is not the case in that equivalent provisions are contained in

23 Jan 2003 : Column 900

Articles 5 and 6, to which I referred. These amendments enable a designated investigating officer to question a convicted person under those articles about facts which may be attributable to the person's participation in the offence—for example, presence at a particular place at a relevant time or the presence of potentially incriminating objects such as a mark. They may also warn the suspect about the capacity of the court to draw adverse inferences.

The effect of Amendment No. 54 is that a court may draw similar inferences in the case of a person arrested by a designated person under paragraph 7 of Schedule 1 to the Bill. I beg to move.

On Question, amendments agreed to.

Lord Williams of Mostyn moved Amendments Nos. 56 and 57:


    Page 20, line 44, leave out "in the relevant police area"


    Page 21, line 1, leave out sub-paragraph (2).

On Question, amendments agreed to.

Lord Williams of Mostyn moved Amendment No. 58:


    Page 21, line 33, leave out paragraph 13.

The noble and learned Lord said: My Lords, Amendment No. 91 is also in this group.

Noble Lords will recall that in Committee I promised to look again at this matter to make it explicit that so far as concerns civilians, only doctors or nurses could be involved in this work. It was never our intention that civilians other than doctors or nurses would be involved in this work. To clarify this matter, I propose to amend Article 56 of the PACE order by means of this new clause.

I appreciate that the noble Baroness, Lady Harris, is unable to be present today. I pay tribute to the fact that she was alert enough to find this ambiguity. I hope that I have pleased noble Lords by putting it right. I beg to move.

Lord Shutt of Greetland: My Lords, we are grateful for the amendment and will pass the Minister's kind words to the noble Baroness, Lady Harris.

On Question, amendment agreed to.

Lord Williams of Mostyn moved Amendments Nos. 59 to 61:


    Page 22, line 14, leave out "in the relevant police area"


    Page 22, line 41, leave out "in the relevant police area"


    Page 23, line 10, leave out "in the relevant police area"

On Question, amendments agreed to.

[Amendment No. 62 not moved.]

Lord Williams of Mostyn moved Amendment No. 63:


    Page 24, line 5, leave out "in the relevant police area"

On Question, amendment agreed to.

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Lord Williams of Mostyn moved Amendments Nos. 64 to 68:


    Page 24, line 7, leave out "in that or any other police area"


    Page 24, line 8, leave out "or" and insert—


"(aa) from that police station to any other place that is specified by the custody officer;" Page 24, line 11, leave out "in that area or in another police area"


    Page 24, line 12, leave out sub-paragraph (2).


    Page 24, line 20, leave out "or (2)"

On Question, amendments agreed to.

[Amendment No. 69 not moved.]


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