Police and Justice Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING
The amendments have been marshalled in accordance with the Order tabled for 9th October 2006, as follows—
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
| 1* | Page 3, leave out line 13 |
| 2 | Page 3, leave out lines 16 and 17 and insert— |
| | "sections 10 to 12 (inspection); |
| | section 13 (inspection reports);" |
| | THE BARONESS D'SOUZA
THE LORD GARDEN
THE LORD ARCHER OF SANDWELL
THE LORD LAMONT OF LERWICK |
| 3* | Insert the following new Clause— |
| | "Power to search aeroplanes |
| (1) | If the Secretary of State is aware of intelligence that any aircraft entering British airspace is being, has been or may be involved in an act of unlawful rendition then he may require that aircraft to land at a designated suitable airport and inform a responsible person that he has done so. |
| (2) | If any plane is required to land in accordance with subsection (1) a responsible person shall as soon as practicable make arrangements to— |
| (a) | enter the aircraft; or |
| (b) | arrange for a police constable to enter the aircraft. |
| (3) | If the Secretary of State or other responsible person is aware of intelligence that an aircraft using airport facilities in the United Kingdom is being, has been or may be involved in an act of unlawful rendition then a responsible person shall as soon as practicable make arrangements to— |
| (a) | enter the aircraft; or |
| (b) | arrange for a police constable to enter the aircraft. |
| (4) | A person who enters an aircraft under subsection (2) or (3) above shall endeavour to ascertain— |
| (a) | whether the aircraft is being, has been or may be used for an act of unlawful rendition; |
| (b) | whether a criminal offence has been committed; |
| (c) | whether allowing the aircraft to continue could place the United Kingdom in breach of its obligations under the European Convention on Human Rights; |
| | and for these purposes may search the aircraft. |
| (5) | In order to comply with a power under subsection (4)(a) any item may be removed from the aircraft. |
| (6) | The powers in this section are exercisable only in circumstances where it is not reasonably practicable to obtain a warrant of entry in accordance with section 8 of the Police and Criminal Evidence Act 1984 (c. 60). |
| (7) | For the purposes of this section— |
| | "an act of unlawful rendition" is an act involving the transportation of a person to a territory where international human rights standards, in particular protections against torture and inhuman and degrading treatment, are not routinely observed, such transportation not being in accordance with formal lawful extradition or deportation procedures; |
| | "a responsible person" means— |
| (a) | the chief officer of police of a police force maintained for a police area in England and Wales; |
| (b) | the chief constable of a police force maintained under the Police (Scotland) Act 1967 (c. 77); |
| (c) | the Chief Constable of the Police Service of Northern Ireland." |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 4 | Page 13, line 35, leave out from "provision" to "about" in line 36 |
| 5 | Page 13, line 37, after "arrangements" insert ", made up of provision corresponding to that made by section 21 of the Local Government Act 2000 and particular provision for the City of London" |
| | THE LORD DHOLAKIA
THE BARONESS LINKLATER OF BUTTERSTONE |
| 6 | Page 16, leave out from beginning of line 38 to end of line 3 on page 18 |
| | THE LORD DHOLAKIA
THE BARONESS LINKLATER OF BUTTERSTONE |
| 7 | Page 19, leave out from beginning of line 6 to end of line 12 on page 20 |
| 8 | Page 20, line 14, leave out "or registered social landlord (a "relevant authority")" |
| 9 | Page 20, line 23, leave out "relevant" and insert "local" |
| 10 | Page 20, line 26, leave out "relevant" and insert "local" |
| 11 | Page 20, line 30, leave out "relevant" and insert "local" |
| 12 | Page 20, line 32, leave out "relevant" and insert "local" |
| 13 | Page 20, line 35, leave out "relevant" and insert "local" |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 14 | Page 22, line 13, at end insert— |
| "28B | Treatment of organisations performing parenting contract and parenting order functions as public authorities |
| (1) | Any person with whom arrangements are made under or by virtue of section 28A for the performance of the functions under section 25A or 26A shall, in the discharge of those functions, be treated as a public authority for the purposes of the Human Rights Act 1998. |
| (2) | For the avoidance of doubt it is hereby declared that nothing in this section affects the meaning of "public authority" in section 6 of the Human Rights Act 1998 or the determination of whether functions, other than those referred to in subsection (1) above, are functions of a public nature for the purposes of section 6."" |
| | THE LORD DHOLAKIA
THE BARONESS LINKLATER OF BUTTERSTONE |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 16* | Insert the following new Clause— |
| | "Her Majesty's Chief Inspector of Prisons |
| (1) | In section 5A of the Prison Act 1952 (c. 52) (appointment and functions of Her Majesty's Chief Inspector of Prisons), after subsection (6) there is inserted— |
| "(7) | Schedule A1 to this Act (which makes further provision about the Chief Inspector) has effect." |
| (2) | At the beginning of the Schedules to that Act there is inserted— |
|
