Session 2010-12
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Police Reform and Social Responsibility Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 1

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

Page 1, line 6, at the beginning insert “Subject to section 158 (2A)”

Page 1, line 6, at the beginning insert “Subject to sections (Pilot schemes (No. 3)) and 158 (2B),”

Page 2, line 30, at end insert—

“( ) The police and crime commissioners must not exercise their functions in a way that undermines the operational independence of the chief constable in their police areas and, in particular, must not take any action, make any request or otherwise encourage any action that is inconsistent with the declaration that a chief constable makes under oath in accordance with Schedule 4 of the Police Act 1996.”

Page 2, line 30, at end insert—

“( ) The police and crime commissioner must exercise their functions under this Part in accordance with the memorandum of understanding issued by the Secretary of State under section (Memorandum of understanding: operational independence).”

The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.

After Clause 1

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

Insert the following new Clause—

“Memorandum of understanding: operational independence

(1) The responsible Minister must prepare a memorandum of understanding to outline how the police and crime commissioner will work with the police force and, in particular, how the operational independence of the chief constable and police force will be protected.

(2) A draft memorandum of understanding must be laid before Parliament at the same time as a draft commencement order for this Part of the Bill.

(3) In preparing the draft memorandum of understanding, the responsible Minister must consult interested members of the public, in particular—

(a) police bodies listed in section 66(1)(h) and organisations representing members of those bodies;

(b) local authorities;

(c) the Law Commission;

(d) organisations with an interest in criminal justice and constitutional affairs; and

(e) human rights organisations.

(4) The Minister must publish a summary of all representations received on the draft memorandum of understanding and include this summary with the draft memorandum of understanding when laying it before Parliament.

(5) The Minister may, after laying a draft memorandum of understanding under subsection (1), finalise the memorandum of understanding if it is approved in accordance with section 155(2).

(6) The Minister may not make a commencement order in respect of section 1 if the memorandum of understanding has not been finalised under subsection(5).”

After Clause 2

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

Insert the following new Clause—

“Pilot schemes (No. 3)

(1) The Secretary of State must—

(a) establish pilot schemes to test the operation of police and crime commissioners in no more than four police areas outside London, to operate for four years;

(b) commission an independent review by HMIC to assess the impact and effectiveness of the police and crime commissioners in place of police authorities in those pilot police areas; and

(c) at the end of the pilot schemes, publish a copy of HMIC’s final review report and lay a copy of that report in Parliament.

(2) Before commencing the pilot schemes under subsection (1), the Secretary of State must make regulations to establish—

(a) the police areas that the pilots will operate in, taking into consideration the demography, police resources, policing requirements and geography of those areas;

(b) the terms of reference for the review; and

(c) the assessment criteria that HMIC will use for the review.

(3) The Secretary of State must include—

(a) a description of the consultation undertaken; and

(b) a summary of representations received on;

the proposals in the draft regulations to be made under subsection (2) in the explanatory notes accompanying those draft regulations.”

Clause 3

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.

Clause 6

BARONESS DOOCEY

Page 6, line 39, at end insert—

“(e) if the draft plan or variation is referred back by the panel under section 33(1)(c) and (1A), ensure the plan or variation follows the reasons given in the Assembly’s resolution referring the draft plan back.”

Clause 19

BARONESS DOOCEY

Page 14, line 41, leave out “person” and insert “member of the London Assembly”

Page 15, line 1, leave out “person” and insert “member of staff of the Mayor’s Office for Policing and Crime”

Page 15, line 13, leave out “any other person” and insert “another member of the London Assembly”

Page 16, line 3, leave out subsections (10) and (11)

Clause 32

BARONESS DOOCEY

Page 22, line 39, at end insert “, except the power in section 33(1)(c)”

Page 23, line 19, at end insert—

“( ) Co-opted members of the police and crime panel shall be appointed following a resolution of the whole London Assembly.”

Page 23, line 32, leave out “33(1)” and insert “33(1)(a) and (b)”

Clause 33

BARONESS DOOCEY

Page 23, line 37, leave out “must”

Page 23, line 38, at beginning insert “must”

Page 23, line 41, at beginning insert “must”

Page 23, line 42, at end insert—

“(c) may pass a resolution referring the draft plan or variation back to the Mayor’s Office for Policing and Crime, and such a resolution may contain reasons for referring the draft plan or variation back.

(1A) Any resolution under subsection (1)(c) is only to have effect for the purpose of section 6(6)(e) if it was agreed to by at least two thirds of the Assembly members voting.”

Page 24, line 30, at end insert—

“(e) any senior police officer of the metropolitan police force;

(f) any member of the civilian staff of the metropolitan police force.

( ) In subsection (6)(e) “senior police officer” means the ranks of—

(a) Commissioner of Police of the Metropolis;

(b) Deputy Commissioner of Police of the Metropolis;

(c) Assistant Commissioner of Police of the Metropolis;

(d) Deputy Assistant Commissioner of Police of the Metropolis;

(e) Commander.”

Clause 38

BARONESS DOOCEY

Page 26, line 12, after “may” insert “, in the interests of efficiency or effectiveness,”

Page 26, line 15, after “area” insert “, in the interests of efficiency or effectiveness,”

Clause 48

BARONESS DOOCEY

Page 30, line 16, after “may,” insert “in the interests of efficiency or effectiveness and”

Page 30, line 24, after “may,” insert “in the interests of efficiency or effectiveness,”

Clause 66

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

Page 42, line 26, at end insert—

“( ) A person is disqualified from being elected as, or being, a police and crime commissioner within a particular police area where that person—

(a) has served as a member of any of the bodies listed in subsection (1)(h); and

(b) has done so in that police area within the previous four years;

at the rank of Assistant Chief Constable or above.”

Clause 79

BARONESS DOOCEY

Page 49, line 15, leave out “have regard to” and insert “follow”

Page 49, line 24, at end insert—

“(c) must identify national threats based on objective criteria and draw up the strategic policing requirement based on them.”

Clause 83

BARONESS DOOCEY

Page 51, line 2, after “may” insert “, in the interests of efficiency or effectiveness,”

Page 51, line 12, after “force” insert “and in the interests of efficiency or effectiveness”

Schedule 14

BARONESS DOOCEY

Page 164, leave out lines 34 and 35 and insert—

“(b) the chief constable who is the appropriate authority in relation to the relevant complaint, in any other case relating to a police force maintained under section 2 of the Police Act 1996; or

(c) the Mayor’s Office for Policing and Crime, in any other case where the relevant complaint relates to the metropolitan police force.”

Clause 155

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

Page 103, line 40, after “section” insert “(Memorandum of understanding: operational independence)”

Clause 158

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

Page 104, line 29, after “subsections” insert “(2A),”

BARONESS DOOCEY

Page 104, line 29, leave out “(3) and (4)” and insert “(2A) to (4).

(2A) Chapters 1 to 6 of Part 1 may not be brought into force before 1 October 2012 and must be brought into force on the same day.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

Page 104, line 29, at end insert—

“(2A) A commencement order must not be made under subsection (1) in respect of Part 1 of this Act until—

(a) Her Majesty’s Inspectorate of Constabulary (HMIC) has conducted an inquiry into, and published a report on, the expected impact of the introduction of police and crime commissioners in England and Wales; and

(b) the responsible Minister has laid a copy of the report, and the Government’s response to any recommendations raised in the report, before both Houses of Parliament.”

Page 104, line 29, at end insert—

“(2B) An order may not be made under subsection (1) to commence section 1 until the requirements in section (Pilot schemes (No. 3)) have been satisfied.”