Session 2010-12
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Police Reform and Social Responsibility Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 1

BARONESS HENIG

Page 2, line 4, at end insert—

“( ) in exercising the functions conferred under subsection (5), the police and crime commissioner for a police area must co-operate with the relevant chief officer and relevant Policing and Crime Panel for that area.”

Page 2, line 7, at end insert—

“( ) secure the reduction of crime within that area”

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 forces and, in particular, how the operational independence of the chief constable and police forces 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.

(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 (Applicability of memorandum of understanding: operational independence) 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 all 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 (2), finalise the memorandum of understanding if it is approved in accordance with section 155(2).

(6) The Minister may not make a commencement order for this Part if the memorandum of understanding has not been finalised under subsection (5).”

Insert the following new Clause—

“Applicability of memorandum of understanding: operational independence

The Minister must ensure that any memorandum of understanding is finalised and approved in accordance with section 155(2) is applied to the non-geographic police bodies in the United Kingdom, including—

(a) the British Transport Police Force;

(b) the Central Motorway Policing Group;

(c) the Civil Nuclear Constabulary;

(d) the Ministry of Defence Police;

(e) the Port of Dover Police;

(f) the Port of Liverpool Police; and

(g) the Serious Organised Crime Agency.”

After Clause 2

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

Insert the following new Clause—

“Referendums on police and crime commissioners

(1) Except for this section, this Part only applies in respect of a police area if—

(a) a referendum has been held in that police area in accordance with this section;

(b) at least 40% of persons eligible to vote in that referendum have voted; and

(c) the majority of those voting in the referendum are in favour of adopting police and crime commissioners instead of police authorities in that area.

(2) A referendum may only be held if the criteria in this section have been satisfied.

(3) A local authority has a duty to hold a referendum in a police area where—

(a) an authority (or authorities within that police area receives a petition that complies with section 40 of the Localism Act 2011, or

(b) one or more members of an authority (or authorities) within that police area makes a request that complies with section 42 of the Localism Act 2011,

and the wording of the proposed referendum is that in subsection (4) of this section.

(4) The question that is to appear on the ballot papers is—

At present in our area we have a system where the police are managed by police authorities, which are independent and non-political, with ultimate political responsibility for policing resting with the responsible Home Office Ministers. Should we instead have elected political leaders to manage the police (“police and crime commissioners”) in addition to the responsible Ministers?

(5) There is no requirement to hold a referendum under subsection (3) where one has been held in the relevant police area in the previous five year period.

(6) Where a local authority receives a request or petition and considers that it satisfies the criteria for holding a referendum under this section, the local authority must—

(a) inform any other local authorities in the police area of that fact;

(b) notify the petition organiser or referendum requester of the fact; and

(c) publish the determination in such manner as it sees fit.

(7) Where this section applies to more than one local authority within a police area, those authorities have a duty to cooperate to discharge the duty under subsection (3).

(8) Sections 40, 41 and 42 of the Localism Act 2011 shall apply to this section with the following changes—

(a) section 40(2) does not apply;

(b) the reference to “5%” in section 41(1) means 5% of those persons in the police area who are eligible to vote in local authority elections;

(c) all references to—

(i) “principal local authority” shall have the meaning provided in section 39(5) of the Localism Act 2011, where those authorities are within the relevant police area;

(ii) “a relevant area” shall mean “the relevant police area”.

(9) Section 49 (Date of referendum) of the Localism Act 2011 shall apply to this section with the following changes—

(a) section 49(6) does not apply;

(b) all references to “principal local authority” shall have the meaning provided in section 39(5) of the Localism Act 2011, where those authorities are within the relevant police area.”

Schedule 2

BARONESS HENIG

Page 108, line 25, at end insert “for the purposes of employment only”

Page 109, line 28, leave out paragraph 7 and insert—

“7 (1) A chief constable may enter into, vary or terminate contracts of employment.

(2) This paragraph is subject to the other provisions of this Act and to any other enactment about the powers of chief constables.”

Clause 7

BARONESS HENIG

Page 8, line 5, at end insert—

“( ) arrangements for reducing crime and disorder in the policing area; and collaborative arrangements with other organisations.”

After Clause 141

BARONESS FINLAY OF LLANDAFF

Insert the following new Clause—

“Licensed Premises Cumulative Impact (saturation) Policies

(1) Local authorities must comply with their local Licensed Premises Cumulative Impact (saturation) Policies when granting any license for premises for the sale of alcohol.

(2) Each local authority shall review their Licensed Premises Cumulative Impact (saturation) Policies at least every three years, to take account of changing patterns of consumption, accidental injuries, antisocial behaviour, violence and aggression data as collected by local health, social care and public order bodies.

(3) Licenses shall not be granted for sales of alcohol on petrol filling station forecourts.”