Session 2010-12
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Police Reform and Social Responsibility Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 9th May 2011, as follows—

Clause 1
Schedule 1
Clause 2
Schedule 2
Clause 3
Schedule 3
Clause 4
Schedule 4
Clauses 5 to 26
Schedule 5
Clauses 27 and 28
Schedule 6
Clauses 29 to 31
Schedule 7
Clauses 32 to 38
Schedule 8
Clauses 39 to 57
Schedule 9
Clauses 58 to 76
Schedule 10
Clauses 77 to 89
Schedule 11
Clause 90
Schedule 12
Clause 91
Schedule 13
Clauses 92 to 96
Schedule 14
Clauses 97 to 99
Schedule 15
Clause 100
Schedule 16
Clauses 101 to 152
Schedule 17
Clauses 153 to 159

[Amendments marked * are new or have been altered]

Clause 1

BARONESS HARRIS OF RICHMOND

1*

Page 1, line 6, leave out subsection (1)

BARONESS HAMWEE

LORD SHIPLEY

BARONESS BUTLER-SLOSS

LORD GOODHART

2

Page 1, line 6, at beginning insert “Subject to section (Pilot schemes),”

LORD BRADSHAW

3

Page 1, line 6, at beginning insert “Subject to section (Pilot schemes (No. 2)),”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

4

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

5

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

6*

Page 1, line 6, at beginning insert “Subject to section (Referendums on police and crime commissioners),”

LORD MARLESFORD

LORD HARRIS OF HARINGEY

7

Page 1, line 6, leave out “commissioner” and insert “guardian”

LORD CARLILE OF BERRIEW

8

Page 1, line 6, after “commissioner” insert “and an elected police authority”

BARONESS HARRIS OF RICHMOND

9*

Page 1, line 8, leave out subsection (2)

LORD CARLILE OF BERRIEW

10

Page 1, line 8, leave out “is a corporation sole” and insert “shall be the person elected for the time being by the police authority for a police area to chair the authority”

BARONESS HARRIS OF RICHMOND

11*

Page 1, line 9, leave out subsection (3)

12*

Page 1, line 11, leave out subsection (4)

BARONESS HAMWEE

LORD SHIPLEY

13

Page 1, line 13, after “has” insert “, subject to section (Shadow operation)”

BARONESS HENIG

14

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 police and crime panel for that area.”

LORD BLENCATHRA

15*

Page 2, line 4, at end insert—

“( ) The police and crime commissioner for a police area does not have direction and control of the police force for that area.”

BARONESS HAMWEE

LORD SHIPLEY

16

Page 2, line 5, at end insert “, in conjunction with the chief constable”

BARONESS HENIG

17

Page 2, line 7, at end insert “, and

( ) secure the reduction of crime within that area”

LORD BLENCATHRA

18*

Page 2, line 19, leave out paragraph (c)

BARONESS HENIG

19*

Page 2, line 30, at end insert—

“(h) the exercise of duties imposed on the chief constable by any other enactment, including but not limited to the Human Rights Act 1998 and the Children Act 2004.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

20

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 to the Police Act 1996 (form of declaration).”

21

Page 2, line 30, at end insert—

“( ) The police and crime commissioners 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).”

BARONESS HENIG

22*

Page 2, line 30, at end insert—

“( ) The police and crime commissioner must make arrangements—

(a) to hold meetings with the public in the relevant police area regularly, and not less than four times per year;

(b) to ensure that such meetings include meetings with—

(i) victims of crime;

(ii) people who are aged under 21 or over 65;

(iii) people who belong to the business and voluntary sectors;

(iv) people from diverse sectors of society, including those of disadvantaged socio-economic status, those from different ethnic backgrounds, different faith groups, disabled groups, or sexual identity groups;

(c) to promote diversity.”

BARONESS HAMWEE

LORD SHIPLEY

23

Page 2, line 32, leave out “are abolished” and insert “shall be abolished in accordance with section (Shadow operation (No. 2))”

LORD HARRIS OF HARINGEY

24

Page 2, line 32, at end insert—

“( ) Each police and crime commissioner shall appoint a non-executive board of between four and seven members.

( ) Such non-executive boards shall work with the police and crime commissioners to ensure good governance of—

(a) financial,

(b) staff, and

(c) equality,

matters, and to support the police and crime commissioners in respect of their functions.

( ) Police and crime commissioners may make such arrangements as they see necessary to remunerate and reimburse expenses incurred by members of such non-executive boards.

( ) Appointments to and remuneration and expenses arrangements for such non-executive boards shall be subject to approval by the relevant police and crime panel.”

25

Page 2, line 32, at end insert—

“( ) The police and crime commissioner must meet representatives of each local authority in the relevant police area at least twice a year to discuss the policing needs of those authorities.”

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 1 stand part of the Bill.

After Clause 1

BARONESS HAMWEE

LORD SHIPLEY

BARONESS BUTLER-SLOSS

LORD CORMACK

26

Insert the following new Clause—

“Pilot schemes

(1) Section 1 and other provisions on police and crime commissioners and police and crime panels shall commence—

(a) in accordance with section 158 in respect of not more than six police areas designated by the Secretary of State, and

(b) in respect of other police areas only in accordance with an order made by the Secretary of State.

(2) No order shall be made under subsection (1)(b) unless—

(a) pilot schemes have been undertaken for at least two years in the police areas designated under subsection (1)(a), and

(b) the Secretary of State has reported to Parliament on the pilot schemes.”

LORD BLENCATHRA

[As an amendment to Amendment 26]

27*

Line 6, leave out “designated by the Secretary of State” and insert “which shall be Cleveland, Dyfed-Powys, Cumbria, Gloucestershire, Devon and Cornwall and Warwickshire”

BARONESS HAMWEE

LORD SHIPLEY

28

Insert the following new Clause—

“Shadow operation

(1) Subsections (5) to (10) of section 1 shall not take effect until the end of the shadow period.

(2) The Secretary of State shall make regulations for the functions during the shadow period of the police and crime commissioner, relevant police and crime panel and police authority for each police area.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

29

Insert the following new Clause—

“Memorandum of understanding: operational independence

(1) The responsible Minister must prepare a memorandum of understanding to outline how police and crime commissioners will work with police forces and, in particular, how the operational independence of chief constables 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, except this section and section (Applicability of memorandum of understanding: operational independence), if the memorandum of understanding has not been finalised under subsection (5).”

30

Insert the following new Clause—

“Applicability of memorandum of understanding: operational independence

The Minister must ensure that any memorandum of understanding finalised and approved in accordance with section 155(2) is applied to 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.”

BARONESS HARRIS OF RICHMOND

31*

Insert the following new Clause—

“Police Commission

(1) There shall be a body corporate for each police area listed in Schedule 1 to the Police Act 1996 to be known as a “Police Commission”.

(2) A Police Commission shall consist of—

(a) a police and crime commissioner, and

(b) a police and crime panel.

(3) The Police and Crime Commissioner shall be appointed by the police and crime panel (from amongst its own members).”

Schedule 1

BARONESS HAMWEE

LORD SHIPLEY

32

Page 106, line 9, at end insert “which upon the commissioner’s assumption of office shall not be more than one-third of the salary then payable to the chief constable of the relevant police force”

33

Page 107, line 41, leave out “contracts and other”

34

Page 107, line 41, leave out “(whether legally binding or not)”

35

Page 108, line 6, leave out “is shown to have” and insert “has”

36

Page 108, line 10, leave out “is shown to have” and insert “has”

Clause 2

LORD BLENCATHRA

37*

Page 2, line 41, at end insert “for all operational policing matters, subject to Schedule (Direction and control over operational policing matters)”

After Clause 2

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

38

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 Her Majesty’s Inspectorate of Constabulary (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 before 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.”

LORD BLENCATHRA

[As an amendment to Amendment 38]

39*

Line 6, at end insert “and these areas shall be Cleveland, Dyfed-Powys, Devon and Cornwall and Cumbria”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

40

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 question 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 years.

(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 to 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

41*

Page 108, line 25, leave out paragraph 2

42

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

BARONESS HAMWEE

LORD SHIPLEY

43

Page 108, line 29, leave out “must” and insert “may”

44

Page 109, line 1, leave out sub-paragraph (3)

45

Page 109, line 5, leave out “must” and insert “may”

BARONESS HENIG

46

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.”

BARONESS HAMWEE

LORD SHIPLEY

47

Page 109, line 31, leave out “contracts and other”

48

Page 109, line 31, leave out “(whether legally binding or not)”

Clause 3

LORD HARRIS OF HARINGEY

49

Page 3, line 13, at end insert “and the City of London”

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

50*

Page 3, line 15, leave out subsections (3) and (4) and insert—

“(3) There is to be a Deputy Mayor for Policing and Crime for the metropolitan police district and the City of London.

(4) The Deputy Mayor for Policing and Crime is to be elected, and hold office, in accordance with Chapter 6.

(4A) The person who has been given the title of deputy mayor and particular responsibility for policing and crime by the Mayor of London at the time this section is brought into effect is to be the occupant for the time being of the Mayor’s Office for Policing and Crime.”

BARONESS HAMWEE

LORD SHIPLEY

51

Page 3, line 22, at end insert—

“( ) Subsections (3) and (4) are subject to section (Mayor’s Office for Policing and Crime: term of office).”

52

Page 3, line 28, at end insert “in conjunction with the Commissioner of Police of the Metropolis”

LORD HARRIS OF HARINGEY

53

Page 3, line 29, after “force” insert “and the City of London Police”

54

Page 3, line 30, leave out “is” and insert “and the City of London Police are”

55

Page 3, line 32, after “Metropolis” insert “and the Commissioner of the City of London Police”

56

Page 3, line 37, after “Commissioner” insert “of Police of the Metropolis and the Commissioner of the City of London Police”

57*

Page 4, line 18, leave out subsections (10) and (11)

58

Page 4, line 26, at end insert—

“( ) The Mayor’s Office for Policing and Crime shall appoint a non-executive board of between four and seven members.

( ) Such non-executive boards shall work with the Mayor’s Office for Policing and Crime to ensure good governance of—

(a) financial,

(b) staff, and

(c) equality,

matters and to support the Mayor’s Office for Policing and Crime in respect of its functions.

( ) The Mayor’s Office for Policing and Crime may make such arrangements as it sees necessary to remunerate and reimburse expenses incurred by members of such non-executive boards.

( ) Appointments to and remuneration and expenses arrangements for such non-executive boards shall be subject to approval by the London Assembly police and crime panel.”

59

Page 4, line 26, at end insert—

“( ) The Mayor’s Office for Policing and Crime must meet representatives of each local authority in the metropolitan police district at least twice a year to discuss the policing needs of those authorities.”

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.

Schedule 3

LORD HARRIS OF HARINGEY

60*

Page 111, line 17, leave out paragraph 4

BARONESS HAMWEE

LORD SHIPLEY

61

Page 111, line 24, at end insert—

“( ) a person who is not a member of the London Assembly;”

BARONESS HAMWEE

LORD SHIPLEY

BARONESS DOOCEY

62

Page 111, line 34, leave out from beginning to second “the” in line 35

BARONESS HAMWEE

LORD SHIPLEY

63

Page 113, line 6, leave out “is shown to have” and insert “has”

64

Page 113, line 10, leave out “is shown to have” and insert “has”

Clause 4

LORD BLENCATHRA

65*

Page 4, line 37, at end insert “for all operational policing matters, subject to Schedule (Direction and control over operational policing matters)”

Schedule 4

BARONESS HAMWEE

LORD SHIPLEY

66

Page 113, line 28, leave out “must” and insert “may”

67

Page 113, line 37, leave out sub-paragraph (3)

After Schedule 4

LORD BLENCATHRA

68*

Insert the following new Schedule—

“SCHEDULE Direction and control over operational policing matters

1 A chief constable or the Commissioner of Police of the Metropolis has the sole responsibility for deciding issues of command and control or operational policing matters, except where paragraph 2 applies.

2 Where a police and crime commissioner or the Mayor’s Office for Policing and Crime disagrees with a chief constable or the Commissioner of Police of the Metropolis on what constitutes a matter of command and control or operational policing, Her Majesty’s Chief Inspector of Constabulary shall determine the matter, and the chief inspector’s decision shall be final and binding.

3 The decision of the chief inspector shall not be subject to review or appeal by any other party.

4 Her Majesty’s Inspectorate of Constabulary (HMIC) may issue protocols to police and crime commissioners, the Mayor’s Office for Policing and Crime, chief constables and the Commissioner of Police of the Metropolis outlining issues it considers to be matters of command and control and operational policing and may update these from time to time.

5 Before issuing the protocols under paragraph 4, HMIC shall consult the Secretary of State and those whom it considers represent the views of chief officers of police and representatives of police and crime commissioners.

6 Protocols issued under paragraph 4 shall not be subject to scrutiny by either House of Parliament or any committee of either House.

7 In determining a matter under paragraph 2, Her Majesty’s Chief Inspector of Constabulary may have regard to the protocols issued by HMIC under paragraph 4, but shall not be bound by them; and the chief inspector decide matters based on the individual circumstances of the case.”

Clause 5

BARONESS HAMWEE

LORD SHIPLEY

69

Page 5, line 25, at end insert—

“( ) obtain the approval of the panel in accordance with section 28”

Clause 6

BARONESS HAMWEE

LORD SHIPLEY

70

Page 6, line 36, leave out “the police and crime panel of”

71

Page 6, line 38, leave out “panel” and insert “London Assembly”

72

Page 6, line 39, at end insert—

“( ) give the London Assembly a response to any such report or recommendations,

( ) publish any such response, and

( ) obtain the approval of the London Assembly in accordance with section 33”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

73

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.”

BARONESS HAMWEE

LORD SHIPLEY

74

Page 6, line 41, leave out “police and crime panel” and insert “London Assembly”

75

Page 7, line 16, leave out “42(1) and (6)” and insert “42”

76

Page 7, line 20, at end insert—

“( ) In section 32 of the 1999 Act, at the end of subsection (3)(a) insert “(which in the case of the draft police and crime plan shall include bodies working within Greater London to combat crime and disorder and assist the victims of crime)”.”

Clause 7

BARONESS HENIG

77

Page 8, line 5, at end insert—

“( ) arrangements for reducing crime and disorder in the policing area; and

( ) collaborative arrangements with other organisations.”

BARONESS HAMWEE

LORD SHIPLEY

78

Page 8, line 26, at end insert—

“( ) such persons as appear to the Secretary of State to represent the views of police and crime panels,”

79

Page 8, line 27, at end insert—

“( ) The Secretary of State shall have regard to the views expressed in response to the consultation under subsection (6).”

Clause 8

BARONESS HAMWEE

LORD SHIPLEY

80

Page 9, line 29, at end insert—

“( ) such persons as appear to the Secretary of State to represent the views of police and crime panels,”

Clause 9

BARONESS HAMWEE

LORD SHIPLEY

81

Page 9, line 33, at end insert —

“( ) Before making a crime and disorder reduction grant, the elected local policing body shall consult the relevant police and crime panel and shall have regard to its views.”

Clause 10

BARONESS HAMWEE

LORD SHIPLEY

82

Page 10, line 2, after “co-operation” insert—

“(a)”

83

Page 10, line 2, at end insert “, and

(b) with voluntary and statutory organisations working within the police area to combat crime and disorder and assist the victims of crime.”

Clause 11

BARONESS HAMWEE

LORD SHIPLEY

84

Page 11, line 2, after “necessary” insert “or required by the relevant police and crime panel”

85

Page 11, line 6, at end insert—

“( ) For the purpose of subsection (3), “performance” includes the treatment of victims of crime.”

Clause 12

BARONESS HAMWEE

LORD SHIPLEY

86

Page 11, line 20, at end insert—

“( ) The annual report shall include information of such descriptions as the relevant police and crime panel, prior to the beginning of the financial year to which the annual report relates, has notified the elected local policing body that it wishes to be included in the annual report.”

Clause 13

BARONESS HAMWEE

LORD SHIPLEY

87

Page 12, line 8, at end insert—

“( ) Subsection (2) does not apply if it is possible for the chief officer of police to disclose the information in such form as will avoid the risks listed.”

88

Page 12, line 10, at end insert “or which the panel requests”

Clause 14

BARONESS HAMWEE

LORD SHIPLEY

89

Page 12, line 15, after “area” insert “and of voluntary and statutory organisations working within that area to combat crime and disorder and assist the victims of crime”

90

Page 12, line 24, after “area” insert “and of voluntary and statutory organisations working within that area to combat crime and disorder and assist the victims of crime”

91

Page 12, line 30, at end insert—

“(c) the local authorities in the area (including parish and town councils),”

92

Page 12, line 39, at end insert—

“(c) the London boroughs,”

93

Page 13, line 12, leave out subsection (6)

Clause 15

BARONESS HAMWEE

LORD SHIPLEY

94

Page 13, line 20, leave out subsection (3)

Clause 16

BARONESS HAMWEE

LORD SHIPLEY

95

Page 13, line 34, leave out “in spite of” and insert “subject to”

Clause 17

BARONESS HAMWEE

LORD SHIPLEY

96

Page 14, line 2, at end insert “and any other report or recommendations made by the panel”

Clause 18

BARONESS HAMWEE

LORD SHIPLEY

97

Page 14, line 12, leave out “any person” and insert “a member of the relevant police and crime panel”

98

Page 14, line 13, at end insert “but retains responsibility for such functions”

99

Page 14, line 15, leave out paragraph (a)

100

Page 14, line 17, leave out subsection (3)

101

Page 14, line 35, leave out subsection (5)

Clause 19

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

102*

Page 14, line 40, leave out subsection (1)

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

103

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

BARONESS HAMWEE

LORD SHIPLEY

104

Page 14, line 43, at end insert—

“but shall retain responsibility for such functions”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

105

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

BARONESS HAMWEE

LORD SHIPLEY

106

Page 15, line 3, at end insert “but shall retain responsibility for such functions”

107

Page 15, line 5, leave out paragraph (a)

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

108*

Page 15, line 5, leave out paragraphs (a) and (b)

BARONESS HAMWEE

LORD SHIPLEY

109

Page 15, line 8, leave out “(7)(a), (e), (f), (g) or (h)” and insert “(7)”

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

110*

Page 15, line 13, leave out subsection (4)

BARONESS HAMWEE

LORD SHIPLEY

111

Page 15, line 13, leave out subsections (4) to (6)

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

112

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

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

113*

Page 15, line 22, leave out paragraph (c)

BARONESS HAMWEE

LORD SHIPLEY

114

Page 15, line 44, leave out subsection (8)

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

115*

Page 16, line 1, leave out subsections (9) to (13)

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

116

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

Clause 20

LORD HARRIS OF HARINGEY

Lord Harris of Haringey gives notice of his intention to oppose the Question that Clause 20 stand part of the Bill.

Schedule 5

BARONESS HAMWEE

LORD SHIPLEY

117

Page 115, line 28, after “panel” insert—

“(a) of the budget which the commissioner is proposing to apply for the financial year (the “proposed budget”), including each head of expenditure in such detail as shall enable the panel to assess the activities of the commissioner and of the relevant police force in the financial year (the “proposed heads of expenditure”); and

(b) ”

118

Page 115, line 31, after “precept” insert “, proposed budget and proposed heads of expenditure”

119

Page 115, line 33, at end insert “, proposed budget and proposed heads of expenditure”

120

Page 115, line 35, after “precept” insert “, proposed budget and proposed heads of expenditure”

121

Page 115, line 37, at end insert “proposed budget and proposed heads of expenditure,”

122

Page 116, line 8, leave out “three-quarters” and insert “two-thirds”

Clause 28

BARONESS HAMWEE

LORD SHIPLEY

123

Page 20, line 33, at end insert—

“(2A) A police and crime panel must consider the draft police and crime plan or draft variation and may approve or reject it.

(2B) For the purpose of subsection (2A) a draft is deemed to have been approved unless it is rejected by a majority of at least two-thirds of the persons who are members of the panel at the time the decision is made.”

Schedule 6

BARONESS HAMWEE

LORD SHIPLEY

124

Page 117, line 31, leave out paragraph 1

125

Page 117, line 34, leave out sub-paragraphs (2) to (4)

126

Page 118, line 22, leave out from “district)” to end of line 23

127

Page 122, line 5, leave out sub-paragraphs (a) and (b) and insert “that each relevant local authority has at least one of its councillors as a member of the panel”

128

Page 123, line 5, leave out from “Wales” to end of line 7

129

Page 123, line 24, leave out “two” and insert “four”

130

Page 123, line 26, leave out first “ten” and insert “fifteen”

131

Page 123, line 28, leave out “eleven” and insert “sixteen”

132

Page 123, line 29, at end insert—

“( ) if the police area covers a unitary district and other district councils, the number equal to X calculated by the following formula—

X = A + (A × B)

where A equals the number of other district councils and B equals the number of unitary districts”

133

Page 125, line 17, leave out paragraph 17

134

Page 125, line 22, leave out paragraph 18

135

Page 126, line 2, transpose paragraphs 19 and 20 to after paragraph 31

136

Page 127, line 10, at end insert—

“( ) the directly elected mayor of a local authority which is covered by that police area”

137

Page 127, line 11, leave out paragraph (c)

138

Page 127, line 28, at end insert—

“( ) Panel arrangements may not include provisions for the approval of any member other than by that member’s nominating authority.”

139

Page 129, line 18, leave out paragraph 32

Clause 29

BARONESS HAMWEE

LORD SHIPLEY

140

Page 21, line 26, after “staff” insert “and the relevant chief officer of police, deputy chief constable and assistant chief constables”

141

Page 21, line 27, after “question” insert “, produce any document or provide any information”

142

Page 21, line 33, after “commissioner” insert “and the relevant chief officer of police”

143

Page 21, line 36, leave out “police and crime commissioner” and insert “persons referred to in subsection (1)”

144

Page 21, line 38, after “commissioner” insert “and the deputy to the relevant chief officer of police”

145

Page 21, line 39, at end insert—

“( ) For the purposes of this section any person exercising a function under section 18(1) shall be deemed to be a member of the police and crime commissioner’s staff.”

After Clause 29

BARONESS HAMWEE

LORD SHIPLEY

146

Insert the following new Clause—

“Approval of budget by police and crime panel

(1) The relevant elected local policing body shall present a draft budget to the relevant police and crime panel for approval at a public meeting of the panel on or before 1 February in the financial year preceding that to which the draft budget relates.

(2) The panel may veto the draft budget by a majority of at least two-thirds of the persons who are members of the panel at the time the decision is made.

(3) In the event of a veto the relevant elected local policing body shall present an amended draft budget to the relevant police and crime panel at a public meeting of the panel, and subsection (2) shall apply to successive drafts until the panel approves the draft budget.

(4) For the purposes of this section a draft budget is approved if it is not vetoed.

(5) This section shall not apply to the Mayor’s Office for Policing and Crime.”

147

Insert the following new Clause—

“Budget heads of expenditure

(1) Neither a police and crime commissioner nor the Mayor’s Office for Policing and Crime may make any virement between heads of expenditure in a budget implemented following the procedures set out in Schedule 5 if the virement is vetoed by the relevant police and crime panel.

(2) A veto under this section is a decision that the proposed virement be not made, taken by the panel by a majority of at least two-thirds of the persons who are members of the panel at the time the decision is made.”

Clause 30

BARONESS HAMWEE

LORD SHIPLEY

148

Page 22, line 3, leave out from “one” to end of line 4 and insert “for which the sanction may be imprisonment”

After Clause 30

BARONESS HAMWEE

LORD SHIPLEY

149

Insert the following new Clause—

“Shadow operation (No. 2)

(1) The provisions of sections 28 to 30 are subject to this section.

(2) Subsections (2) to (9) of section 28 and sections 29 and 30 shall not take effect until the end of the shadow period.”

Schedule 7

BARONESS HAMWEE

LORD SHIPLEY

150

Page 133, line 14, leave out paragraph 6

Clause 32

BARONESS HAMWEE

LORD SHIPLEY

151

Page 22, line 36, after “discharged” insert “by it or”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

152

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

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

153*

Page 22, line 40, leave out paragraph (b)

BARONESS HAMWEE

LORD SHIPLEY

154

Page 23, line 3, leave out subsection (3)

155

Page 23, line 8, leave out “only”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

156

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.”

BARONESS HAMWEE

LORD SHIPLEY

157

Page 23, line 22, after “as” insert “including”

158

Page 23, line 24, at end insert “including”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

159

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

Clause 33

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

160

Page 23, line 37, leave out “must”

161

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

162

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

163

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.”

BARONESS HAMWEE

LORD SHIPLEY

164

Page 23, line 42, at end insert—

“(1A) The London Assembly may approve or reject the draft police and crime plan or draft variation.

(1B) For the purposes of subsection (1A), a draft is deemed to have been approved unless it is rejected by a majority of at least two-thirds of the persons who are members at the time the decision is made.”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

165

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.”

BARONESS HAMWEE

LORD SHIPLEY

166

Page 24, line 30, at end insert—

“(e) the Commissioner of Police of the Metropolis;

(f) any other officer of the metropolitan police force of the rank of commander or above”

After Clause 33

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

167*

Insert the following new Clause—

“Suspension of the Deputy Mayor for Policing and Crime

(1) The London Assembly police and crime panel may suspend the Deputy Mayor for Policing and Crime if it appears to the panel that—

(a) the Deputy Mayor for Policing and Crime has been charged in the United Kingdom, the Channel Islands or the Isle of Man with an offence, and

(b) the offence is one which carries a maximum term of imprisonment exceeding two years.

(2) The suspension of the Deputy Mayor for Policing and Crime ceases to have effect upon the occurrence of the earliest of these events—

(a) the charge being dropped;

(b) the Deputy Mayor for Policing and Crime being acquitted of the offence;

(c) the Deputy Mayor for Policing and Crime being convicted of the offence but not being disqualified under section 67 by virtue of the conviction;

(d) the termination of the suspension by the police and crime panel.

(3) For the purposes of salary, pensions and allowances in respect of times during a period of suspension, the Deputy Mayor for Policing and Crime is to be treated as not holding that office during that suspension.

(4) In this section, references to an offence which carries a maximum term of imprisonment exceeding two years are references—

(a) to an offence which carries such a maximum term in the case of a person who has attained the age of 18 years, or

(b) to an offence for which, in the case of such a person, the sentence is fixed by law as life imprisonment.”

Clause 34

BARONESS HAMWEE

LORD SHIPLEY

168

Page 25, line 18, at end insert—

“( ) In making arrangements under this section, the chief officer of police must consult the relevant police and crime panel.”

Clause 36

BARONESS HAMWEE

LORD SHIPLEY

169

Page 25, line 26, at end insert “and shall provide a copy to the relevant police and crime panel”

Clause 38

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

170

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

171

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

Schedule 8

BARONESS HAMWEE

LORD SHIPLEY

172

Page 135, line 16, leave out “three-quarters” and insert “two-thirds”

173

Page 136, line 8, leave out sub-paragraph (3)

174

Page 136, line 24, leave out sub-paragraphs (4) and (5) and insert—

“( ) The regulations may not make provision for appointing the rejected candidate.”

175

Page 136, line 32, leave out paragraphs (c) and (d)

176

Page 137, line 16, leave out from first “the” to end of line 18 and insert “panel recommends that the commissioner call for the retirement or resignation”

177

Page 139, line 2, leave out paragraph 16

Clause 39

BARONESS HAMWEE

LORD SHIPLEY

178

Page 26, line 30, at end insert—

“( ) The police and crime commissioner must consult the relevant police and crime panel before responding to a consultation by the chief constable of a police force under subsection (2) or (3).”

After Clause 43

BARONESS HAMWEE

LORD SHIPLEY

179

Insert the following new Clause—

“Shortlisting and interviewing of candidates for Commissioner and Deputy Commissioner

The Mayor’s Office for Policing and Crime shall include a member of the London Assembly on the board that shortlists and interviews candidates for the posts that are the subject of sections 42 and 43, and shall have regard to the views of that member in making recommendations under those sections.”

After Clause 47

BARONESS HAMWEE

LORD SHIPLEY

180

Insert the following new Clause—

“Shortlisting and interviewing of candidates for Assistant Commissioners, Deputy Assistant Commissioners and Commanders

The Mayor’s Office for Policing and Crime shall include a member of the London Assembly on the board that shortlists and interviews candidates for the posts that are the subject of sections 45 to 47, and shall have regard to the views of that member in making recommendations under those sections.”

Clause 48

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

181

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

182

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

BARONESS HAMWEE

LORD SHIPLEY

183

Page 30, line 33, at end insert—

“( ) consult the London Assembly;”

184

Page 30, line 38, at end insert—

“( ) have due regard to the views of the London Assembly;”

After Clause 50

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

185*

Insert the following new Clause—

“Election of the Deputy Mayor for Policing and Crime

(1) An election of the Deputy Mayor for Policing and Crime (an “ordinary election”) is to be held—

(a) in 2012;

(b) in each subsequent fourth year.

(2) The poll at an ordinary election of the Deputy Mayor for Policing and Crime in any year is to be held on the day which is the ordinary day of election in that year for the Mayor of London and the London Assembly.

(3) The term of office of a person elected as the Deputy Mayor for Policing and Crime at an ordinary election—

(a) begins with the seventh day after the day of the poll at the election, and

(b) ends with the sixth day after the day of the poll at the next ordinary election of the Deputy Mayor for Policing and Crime.

(4) Subsection (3) is subject to any provision of or made under this or any other Act relating to the appointment or election of the Deputy Mayor for Policing and Crime or the Deputy Mayor for Policing and Crime ceasing to hold office.”

Clause 51

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

186*

Page 32, line 19, at end insert “or in the office of the Deputy Mayor for Policing and Crime”

187*

Page 32, line 21, after “officer” insert “or the Greater London Returning Officer”

188*

Page 32, line 33, at end insert “or the next ordinary election of the Deputy Mayor for Policing and Crime”

189*

Page 32, line 38, after “area” insert “or the Deputy Mayor for Policing and Crime”

190*

Page 32, line 40, at end insert “or the Deputy Mayor for Policing and Crime”

Clause 52

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

191*

Page 33, line 11, at end insert—

“( ) A person is entitled to vote as an elector at an election of the Deputy Mayor for Policing and Crime if that person is an elector entitled to vote in an election for the Mayor of London and the London Assembly being held on that date.”

Clause 54

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

192*

Page 33, line 29, at end insert—

“( ) The returning officer for an election of the Deputy Mayor for Policing and Crime is to be the Greater London Returning Officer.”

Clause 55

BARONESS HAMWEE

LORD SHIPLEY

193

Page 34, line 24, leave out “necessarily” and insert “reasonably”

194

Page 34, line 25, leave out “necessarily” and insert “reasonably”

Clause 57

BARONESS HAMWEE

LORD SHIPLEY

195

Page 36, line 13, leave out “supplementary” and insert “alternative”

196

Page 36, line 15, leave out paragraph (b)

197

Page 36, line 16, leave out “supplementary” and insert “alternative”

198

Page 36, line 17, leave out from “(3),” to end of line 18 and insert ““alternative vote system” means the system enabling the voter to indicate preferences among the candidates as provided by Schedule 9”

Schedule 9

BARONESS HAMWEE

LORD SHIPLEY

199

Leave out Schedule 9 and insert the following new Schedule—

“SCHEDULE 9 Alternative vote system

1 This Schedule applies to an election under Chapter 6 of Part 1 of a police and crime commissioner for a police area at which there are three or more candidates.

How votes are to be given

2 (1) A voter votes by marking the ballot paper with—

(a) the number 1 opposite the name of the candidate who is the voter’s first preference (or, as the case may be, the only candidate for whom the voter wishes to vote),

(b) if the voter wishes, the number 2 opposite the name of the candidate who is the voter’s second preference, and so on.

(2) The voter may mark as many preferences (up to the number of candidates) as the voter wishes.

How votes are to be counted

3 (1) This paragraph sets out how votes are to be counted, in one or more stages of counting, in order to give effect to the preferences marked by voters on their ballot papers and so to determine which candidate is elected.

(2) Votes shall be allocated to candidates in accordance with voters’ first preferences and, if one candidate has more votes than the other candidates put together, that candidate is elected.

(3) If not, the candidate with the fewest votes is eliminated and that candidate’s votes shall be dealt with as follows—

(a) each vote cast by a voter who also ranked one or more of the remaining candidates shall be reallocated to that remaining candidate or (as the case may be) to the one that the voter ranked highest;

(b) any votes not reallocated shall play no further part in the counting.

(4) If after that stage of counting one candidate has more votes than the other remaining candidates put together, that candidate is elected.

(5) If not, the process referred to in sub-paragraph (3) above shall be repeated as many times as necessary until one candidate has more votes than the other remaining candidates put together, and so is elected.

Information to be given by returning officer after each stage of counting

4 (1) If no candidate is elected at the first stage of counting, the returning officer shall, immediately after that stage, record and make publicly available the following information—

(a) the number of first preference votes obtained by each candidate;

(b) which candidate was eliminated;

(c) the number of rejected ballot papers.

(2) Immediately after each subsequent stage of counting, except the final stage, the returning officer shall record and make publicly available the following information—

(a) the number of votes obtained by each candidate at that stage (including any reallocated);

(b) which candidate was eliminated at that stage;

(c) the number of votes of the candidate eliminated at the previous stage that were not reallocated.”

Clause 58

BARONESS HAMWEE

LORD SHIPLEY

200

Page 36, line 33, at end insert—

“( ) about the regulation of spending with the intention of influencing the outcome of an election by campaigners who are not standing in that election;”

201

Page 37, line 1, at end insert—

“( ) An order under subsection (1) shall make only such modifications and exceptions as are required to apply the relevant provisions to the election of police and crime commissioners.”

Clause 59

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

202*

Page 37, line 32, after “area” insert “or in the office of the Deputy Mayor for Policing and Crime”

203*

Page 37, line 40, after “area” insert “or in the office of the Deputy Mayor for Policing and Crime”

204*

Page 38, line 1, after “commissioner” insert “or the Deputy Mayor for Policing and Crime”

205*

Page 38, line 7, after “commissioner” insert “or the Deputy Mayor for Policing and Crime”

206*

Page 38, line 11, at end insert “or the Deputy Mayor for Policing and Crime”

207*

Page 38, line 13, at end insert—

“( ) The appropriate officer must give notice of a vacancy in the office of the Deputy Mayor for Policing and Crime to the Greater London Returning Officer.”

Clause 60

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

208*

Page 38, line 18, after “area” insert “or the Deputy Mayor for Policing and Crime”

209*

Page 38, line 20, after “commissioner” insert “or the Deputy Mayor for Policing and Crime”

210*

Page 38, line 23, at end insert “or the Deputy Mayor for Policing and Crime”

Clause 61

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

211*

Page 38, line 36, after “commissioner” insert “or the Deputy Mayor for Policing and Crime”

Clause 62

BARONESS HAMWEE

LORD SHIPLEY

212

Page 39, line 45, leave out “any” and insert “this Act and any other”

After Clause 62

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

213*

Insert the following new Clause—

“Appointment of acting Deputy Mayor for Policing and Crime

(1) The Mayor of London will act as the Deputy Mayor for Policing and Crime if—

(a) no person holds the office of the Deputy Mayor for Policing and Crime,

(b) the Deputy Mayor for Policing and Crime is incapacitated, or

(c) the Deputy Mayor for Policing and Crime is suspended in accordance with section (Suspension of the Deputy Mayor for Policing and Crime).

(2) Where the Mayor of London acts as the Deputy Mayor for Policing and Crime, the Mayor of London will have all the powers and functions vested in the Mayor’s Office for Policing and Crime as the Mayor of London has been elected as the Deputy Mayor for Policing and Crime.

(3) For the purposes for this section—

(a) the Deputy Mayor for Policing and Crime is incapacitated if the Deputy Mayor for Policing and Crime is unable to exercise the functions of the Deputy Mayor for Policing and Crime, except where the Deputy Mayor for Policing and Crime is unable to exercise those functions only because the Deputy Mayor for Policing and Crime has yet to give a declaration of office under section 71; and

(b) it is for London Assembly police and crime panel to determine whether or not the Deputy Mayor for Policing and Crime is incapacitated.”

After Clause 65

BARONESS HAMWEE

LORD SHIPLEY

214

Insert the following new Clause—

“Mayor’s Office for Policing and Crime: term of office

(1) A person is disqualified from occupying the Mayor’s Office for Policing and Crime if the person has been elected as Mayor of London at two previous elections.

(2) It is immaterial, for the purpose of subsection (1), whether—

(a) any election is, or was, an ordinary election; or

(b) having been elected at a previous election, the person was the occupant of the Mayor’s Office for Policing and Crime.

(3) An election which has been declared void is to be disregarded for the purposes of subsection (1).”

Clause 66

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

215

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.”

BARONESS HAMWEE

LORD SHIPLEY

216

Page 42, line 32, leave out “and for this purpose B works for A if” and insert “or if otherwise”

After Clause 73

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

217*

Insert the following new Clause—

“Deputy Mayor for Policing and Crime: further provision

Sections 64 to 73 of this act shall apply to the Deputy Mayor for Policing and Crime as though the Deputy Mayor for Policing and Crime were a police and crime commissioner.”

After Clause 77

LORD BRADSHAW

218*

Insert the following new Clause—

“Pilot schemes (No. 2)

(1) The provisions of this Chapter shall be subject to pilot schemes in three police areas outside London before they come generally into effect.

(2) The Secretary of State shall, by order, specify—

(a) the police areas in which the pilot schemes shall be carried out;

(b) how long the pilot schemes shall last, providing the period is not less than three years; and

(c) against which criteria the pilot schemes shall be assessed.

(3) When the pilot schemes are finished the Secretary of State shall lay before both Houses of Parliament—

(a) a report containing an assessment of the pilot schemes; and

(b) a draft order bringing this Chapter generally into force.

(4) The Secretary of State may, by order, make transitional arrangements for the police areas in which the pilot schemes have been held for the period between the end of the pilot schemes and this Chapter coming generally into force.”

LORD BLENCATHRA

[Amendments 219 and 220 are amendments to Amendment 218]

219*

Line 3, leave out “three police areas outside London” and insert “Cumbria, Cleveland and Dyfed-Powys”

220*

Line 6, leave out paragraph (a)

Clause 79

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

221

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

222

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.”

BARONESS HAMWEE

LORD SHIPLEY

223

Page 50, line 3, after “importance” insert “(and any matter within the functions of the Serious Organised Crime Agency under the Serious Organised Crime and Police Act 2005 shall be deemed to be such a threat)”

224

Page 50, line 4, leave out “can” and insert “is most likely to”

225

Page 50, line 5, leave out “only”

Clause 80

BARONESS HAMWEE

LORD SHIPLEY

226

Page 50, line 11, leave out “the efficiency and effectiveness of the police” and insert “safety and security”

Clause 83

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

227

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

228

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

Clause 86

LORD HARRIS OF HARINGEY

229

Page 53, line 39, at end insert—

“( ) In sub-paragraph (1) omit “from time to time” and insert “on a regular basis or as often as he deems necessary”.”

230

Page 54, line 19, at end insert—

“( ) After sub-paragraph (3) insert—

“(3A) Any inspection programme or framework must include a review of the extent to which each chief constable is meeting the obligations of the strategic policing requirement.””

Schedule 11

BARONESS HAMWEE

LORD SHIPLEY

231

Page 146, line 15, leave out paragraph 5

Schedule 12

BARONESS HAMWEE

LORD SHIPLEY

232

Page 149, line 28, at end insert—

“(d) the views of the police and crime panel for the area in question established under the Police Reform and Social Responsibility Act 2011”

After Clause 95

LORD BLENCATHRA

233*

Insert the following new Clause—

“Application of health and safety enactments to police

(1) No police and crime commissioner nor chief officer of police shall be liable for prosecution under any health and safety enactment in the performance of their duties.

(2) No police and crime commissioner nor chief officer of police shall be liable for damages or compensation for any injuries caused as a result of a breach of health and safety law in the performance of their duties, save where it is proved that the individual acted maliciously or with reckless disregard for the safety of others.

(3) A police officer in the execution of the officer’s duty who believes that an action or actions are necessary—

(a) to prevent crime,

(b) to prevent risk to the health and welfare of others, or

(c) to save the lives of others,

shall not be prevented from taking that action or actions by the intervention of any other public official, of whatever rank, who alleges that there is a health and safety risk to the officer.

(4) It shall be an offence for any public official to obstruct a police officer in the execution of the officer’s duty when the officer has decided under subsection (3) that an action or actions are necessary.

(5) A police officer who has come to a decision under subsection (3) shall have no authority to compel others to join with the officer in the action or actions.

(6) Sections 1, 2 and 5 of the Police (Health and Safety) Act 1997 are repealed.

(7) Her Majesty’s Inspectorate of Constabulary shall issue general guidance on health and safety matters to all police forces for every police area listed in Schedule 1 to the Police Act 1996 (police areas).

(8) A breach of the guidance issued under subsection (7) by any officer of the rank of constable may result in disciplinary action but shall not result in any prosecution or civil action.

(9) A police and crime commissioner shall not be liable for prosecution nor civil action because of any breach of the guidance issued under subsection (7).”

Schedule 14

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

234

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.”

After Schedule 16

BARONESS FINLAY OF LLANDAFF

235

Insert the following new Schedule—

“SCHEDULE Youth rehabilitation orders: alcohol monitoring requirement

1 The Criminal Justice and Immigration Act 2008 is amended as follows.

2 In section 1 (youth rehabilitation orders), after subsection (1)(n) insert—

“(na) an alcohol monitoring requirement (see paragraph 24A of that Schedule),”.

3 (1) Schedule 1 (further provision about youth rehabilitation orders) is amended in accordance with this paragraph.

(2) In paragraph 1 (imposition of requirements), after sub-paragraph (k), insert—

“(ka) paragraph 24A(2) (alcohol monitoring requirement), and”.

(3) In paragraph 34(4) (provision of copies of orders), after the entry for “an intoxicating substance treatment requirement”, insert—

“An alcohol monitoring requirement Any person specified under paragraph 24A(1)”.
4 (1) Schedule 2 (breach, revocation or amendment of youth rehabilitation orders) is amended in accordance with this paragraph.

(2) In paragraph 3(1) (duty to give warning), after “youth rehabilitation order”, insert “, other than an order imposing an alcohol monitoring requirement,”.

(3) After paragraph 4, insert—

“Breach of an alcohol monitoring requirement

4A If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement, the officer may arrest the offender and must cause an information to be laid before a justice of the peace in respect of that failure.”.

(4) In paragraph 21(1) (warrants), after “by virtue of this Schedule” insert “or under paragraph 4A”.”

236

Insert the following new Schedule—

“SCHEDULE Alcohol monitoring requirement

1 The Criminal Justice Act 2003 is amended as follows.

2 In section 177 (community orders)—

(a) in subsection (1), after paragraph (j), insert—

“(ja) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (g), insert “, and

(h) section 212A(2) (alcohol monitoring requirement).”.

3 In section 182 (licence conditions)—

(a) in subsection (1), after paragraph (f), insert—

“(fa) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (d), insert “, and

(e) section 212A(2) (alcohol monitoring requirement).”.

4 In section 185 (intermittent custody: licence conditions), in subsection (1), after paragraph (d), insert “, and

(e) section 212A(2) (alcohol monitoring requirement).”.

5 In section 190 (imposition of requirements by suspended sentence order)—

(a) in subsection (1), after paragraph (j), insert—

“(ja) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (g), insert “, and

(h) section 212A(2) (alcohol monitoring requirement).”,

(c) in subsection (4), after “an alcohol treatment requirement,” insert “an alcohol monitoring requirement”.

6 In section 238 (power of court to recommend licence conditions), after subsection (1), insert—

“(1A) That may include a recommendation that the offender should be required to refrain from consuming alcohol, including a requirement that the offender submit to testing.”.

7 In section 250 (licence conditions), after subsection (2)(b)(ii), insert “, and

(iii) a condition requiring the prisoner to refrain from consuming alcohol, including a requirement that the prisoner must submit to testing.”.

8 (1) Schedule 8 (breach, revocation or amendment of community order) is amended in accordance with this paragraph.

(2) In paragraph 5 (duty to give warning), in sub-paragraph (1), after the words “community order”, insert “, other than a community order imposing an alcohol monitoring requirement”.

(3) After paragraph 6, insert—

“Breach of an alcohol monitoring requirement

6A(1) If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement, the officer may arrest the offender and must cause an information to be laid before a justice of the peace in respect of the failure in question.

(2) In relation to any community order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates’ court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.”.

9 (1) Schedule 12 (breach or amendment of suspended sentence order, and effect of further conviction) is amended in accordance with this paragraph.

(2) In paragraph 4 (duty to give warning), in sub-paragraph (1), after “a suspended sentence order”, insert “, other than an alcohol monitoring requirement”.

(3) After paragraph 5, insert—

“Breach of an alcohol monitoring requirement

5A(1) If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement of a suspended sentence order the officer may arrest the offender and must cause an information to be laid before a justice of the peace in respect of the failure in question.

(2) In relation to any suspended sentence order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates’ court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.”.

10 In Schedule 14 (persons to whom copies of requirements to be provided in particular cases), after the entry for “an alcohol treatment requirement”, insert—

“An alcohol monitoring requirement Any person specified under section 212A(1)”.”

Clause 103

BARONESS HAMWEE

LORD SHIPLEY

237

Page 65, line 21, at end insert—

““shadow period” means the period of one year provided by section (Shadow operation) in respect of each police area”

Clause 106

LORD PALMER OF CHILDS HILL

238

Page 67, line 17, after “area” insert “or in an adjoining area”

239

Page 67, line 24, after “who” insert “live, or are involved in a business, in the relevant licensing authority’s area or in an adjoining area and”

VISCOUNT ASTOR

Viscount Astor gives notice of his intention to oppose the Question that Clause 106 stand part of the Bill.

Clause 110

VISCOUNT ASTOR

240

Page 70, line 23, leave out subsection (2)

Clause 120

VISCOUNT ASTOR

Viscount Astor gives notice of his intention to oppose the Question that Clause 120 stand part of the Bill.

Clause 122

VISCOUNT ASTOR

241

Page 85, leave out line 3

After Clause 141

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

BARONESS STOWELL OF BEESTON

LORD PALMER OF CHILDS HILL

242

Insert the following new Clause—

“Youth rehabilitation orders: alcohol monitoring requirement

Youth rehabilitation orders: alcohol monitoring requirement

(1) In Schedule 1 to the Criminal Justice and Immigration Act 2008 (further provisions about youth rehabilitation orders), after paragraph 24 insert—

“Alcohol monitoring requirement

24A (1) In this Part “alcohol monitoring requirement”, in relation to a youth rehabilitation order, means a requirement that during a period specified in the order, the offender must—

(a) not consume alcohol,

(b) for the purpose of ascertaining whether there is alcohol in the offender’s body, provide samples of such description as may be determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person to whom the samples are to be provided, and

(c) pay such amount in respect of the costs of taking and analysing the sample as may be specified in the order.

(2) A court may not impose an alcohol monitoring requirement unless—

(a) it is satisfied that—

(i) the offender has a propensity to misuse alcohol and expresses willingness to comply with the alcohol monitoring requirement, or

(ii) the misuse by the offender of alcohol caused or contributed to the offence in question, and

(b) the court has been notified by the Secretary of State that arrangements for implementing the requirement are available in the local justice area proposed to be specified in the order.

(3) A youth rehabilitation order imposing an alcohol monitoring requirement must provide that the results of any tests carried out on any samples provided by the offender to the monitoring officer in pursuance of the requirement are to be communicated to the responsible officer.

(4) Where the offender has not attained the age of 17, the order must provide for the samples to be provided in the presence of an appropriate adult.

(5) The Secretary of State may from time to time give guidance about the exercise of the function of making determinations as to the provision of samples pursuant to sub-paragraph (1)(b).

(6) The Secretary of State makes rules for all or any of the following purposes—

(a) regulating the provision of samples pursuant to an alcohol monitoring requirement, including hours of attendance, interval between samples and the keeping of attendance records;

(b) regulating the provision and carrying on of a facility for the testing of samples;

(c) determining the maximum and minimum fee that may be specified under sub-paragraph (1)(c), and the frequency of such payments;

(d) regulating the functions of the monitoring officer; and

(e) making such supplemental, incidental, consequential and transitional provision as the Secretary of State considers necessary or expedient.

(7) In this paragraph—

“appropriate adult” means—

(a) the offender’s parent or guardian or, if the offender is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

(b) a social worker of the local authority, or

(c) if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police;

“monitoring officer” means any person, other than the responsible officer, specified in an alcohol monitoring requirement as the person to whom samples must be provided.”.

(2) Schedule (Youth rehabilitation orders: alcohol monitoring requirement) makes further amendments to the Criminal Justice and Immigration Act 2008.”

243

Insert the following new Clause—

“Alcohol monitoring requirement

(1) After section 212 of the Criminal Justice Act 2003, insert—

“212A Alcohol monitoring requirement

(1) In this Part “alcohol monitoring requirement”, in relation to a relevant order, means a requirement that during a period specified in the order, the offender must—

(a) not consume alcohol,

(b) for the purpose of ascertaining whether there is alcohol in the offender’s body, provide samples of such description as may be determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person to whom the samples are to be provided, and

(c) pay such amount of no less than £1 and no more than £5 in respect of the costs of taking and analysing the sample as may be specified in the order.

(2) A court may not impose an alcohol monitoring requirement unless—

(a) it is satisfied that—

(i) the offender has a propensity to misuse alcohol and the offender expresses willingness to comply with the alcohol monitoring requirement, or

(ii) the misuse by the offender of alcohol caused or contributed to the offence in question, and

(b) the court has been notified by the Secretary of State that arrangements for implementing the requirement are available in the area proposed to be specified in the order under section 216 (local justice area to be specified in relevant order).

(3) A relevant order imposing an alcohol monitoring requirement must provide that the results of any tests carried out on any samples provided by the offender to the monitoring officer in pursuance of the requirement are to be communicated to the responsible officer.

(4) The Secretary of State may from time to time give guidance about the exercise of the function of making determinations as to the provision of samples pursuant to subsection (1)(b).

(5) The Secretary of State may make rules for all or any of the following purposes—

(a) regulating the provision of samples pursuant to an alcohol monitoring requirement, including hours of attendance, interval between samples and the keeping of attendance records;

(b) regulating the provision and carrying on of a facility for the testing of samples;

(c) determining the maximum and minimum fee that may be specified under subsection (1)(c), and the frequency of such payments;

(d) regulating the functions of the monitoring officer; and

(e) making such supplemental, incidental, consequential and transitional provision as the Secretary of State considers necessary or expedient.

(6) In this section, “monitoring officer” means any person, other than the responsible officer, specified in an alcohol monitoring requirement as the person to whom samples must be provided.”.

(2) Schedule (Alcohol monitoring requirement) makes further amendments to the Criminal Justice Act 2003.”

BARONESS FINLAY OF LLANDAFF

LORD PALMER OF CHILDS HILL

244

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 licence 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) Licences shall not be granted for sales of alcohol on petrol filling station forecourts.”

Clause 153

LORD RAMSBOTHAM

Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 153 stand part of the Bill.

Clause 154

LORD CAMPBELL-SAVOURS

245*

Page 102, line 19, leave out from “applies” to end of line 20 and insert—

“(a) a justice of the peace shall apply to the Director of Public Prosecutions for advice on the advisability of granting the warrant or summons,

(b) no warrant or summons shall be issued under this section without taking into account any advice given by the Director of Public Prosecutions”

After Clause 154

LORD CARLILE OF BERRIEW

LORD ANDERSON OF SWANSEA

LORD AVEBURY

246

Insert the following new Clause—

“Annual war crimes report

(1) The Secretary of State shall each year lay before Parliament a war crimes report.

(2) The war crimes report must contain information on the investigation by police forces and the prosecution of persons present in the United Kingdom suspected of having committed a relevant offence, and in particular—

(a) the number of persons investigated and prosecuted for relevant offences,

(b) the country where the relevant offences are suspected to have been committed,

(c) any legal proceedings other than prosecution of those persons (for example, proceedings relating to immigration or residence), and

(d) whether any of those persons have been prosecuted for any other offence.

(3) The war crimes report must contain information on any assistance provided to any country or person in respect of the investigation and prosecution outside the United Kingdom of relevant offences, in particular—

(a) assistance to the International Criminal Court in accordance with the International Criminal Court Act 2001, and

(b) assistance to any international criminal tribunal with jurisdiction over relevant offences.

(4) The Secretary of State may omit from the war crimes report any information which ought not to be disclosed—

(a) in the interests of national security,

(b) because it relates to an individual and is of a sensitive personal nature,

(c) because it would, or would be likely to, prejudice proceedings which have been commenced in a court of law, or

(d) because it would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders.

(5) In this section “relevant offences” means—

(a) war crimes, crimes against humanity and genocide within the meaning of section 50 of the International Criminal Court Act 2001, and

(b) torture within the meaning of section 134 of the Criminal Justice Act 1988.”

Clause 155

BARONESS HAMWEE

LORD SHIPLEY

247

Page 103, line 39, after “under” insert “section (Pilot schemes) or”

LORD BRADSHAW

248

Page 103, line 39, at end insert “or (Pilot schemes (No. 2))(3)”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

249

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

250

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

BARONESS DOOCEY

251

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

252

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.”

253

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.”

LORD BRADSHAW

254

Page 104, line 39, at end insert—

“( ) Chapter 6 shall come into force in accordance with section (Pilot schemes (No. 2)).”