Session 2010-12
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Police Reform and Social Responsibility Bill


THIRD
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]

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 Commissions 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

BARONESS HENIG

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).”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

31A

Insert the following new Clause—

“Duty of public engagement: Police Commission

(1) On a quarterly basis, the Police Commission for a police area must—

(a) arrange public forums to discuss policing and crime issues within that police area;

(b) organise independent and expert speakers to discuss options for reducing crime;

(c) publish a summary of any issues raised in that forum; and

(d) consult on a proposed response to those issues.

(2) The Police Commission for a police area must organise regular meetings with the Victims’ Advisory Panel and organisations representing the interests of victims and their families to discuss—

(a) issues that are affecting victims within that police area; and

(b) options for eliminating or reducing the rate of victimisation within the police area.”

LORD BEECHAM

31B

Insert the following new Clause—

“Deputy police and crime commissioners

(1) There is to be a deputy police and crime commissioner (“the deputy commissioner”) for each police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

(2) The name of the deputy commissioner for a police area is “the Deputy Police and Crime Commissioner for” with the addition of the name of the police area.

(3) The deputy commissioner shall be appointed by the police and crime commissioner for the area from among those members of the police and crime panel for the police area who are properly appointed as members of the panel.

(4) The deputy commissioner shall have—

(a) such functions that are performed by the police and crime commissioner for that police area, where the police and crime commissioner is unable or unavailable to perform them in accordance with this Act;

(b) such other functions that are conferred by this Act or any other enactment.

(5) A person must not hold the office of deputy commissioner and chair the police and crime panel at the same time.

(6) If the police and crime commissioner appoints as deputy commissioner the person who chairs the police and crime panel, the person shall resign as chair of the police and crime panel.

(7) Subsections (5) and (6) apply in relation to the deputy chair of the police and crime panel (if there is one) as they apply in relation to the chair of the police and crime panel.

(8) A person shall cease to be the deputy commissioner if—

(a) that person ceases to be a police and crime panel member;

(b) that person, at any time, gives notice of resignation as the deputy commissioner to the police and crime commissioner’s chief executive; or

(c) the police and crime commissioner at any time gives notice terminating his or her appointment as deputy commissioner.

(9) A person who ceases to be deputy commissioner shall be eligible for reappointment.”

31C

Insert the following new Clause—

“Functions of deputy commissioner

(1) Any function exercisable by the police and crime commissioner shall also be exercisable by the deputy commissioner, if or to the extent that the police and crime commissioner so authorises, whether generally or specially, and subject to any conditions imposed by the police and crime commissioner.

(2) Where, by virtue of an authorisation under subsection (1), a duty is exercisable by the deputy commissioner, the deputy commissioner shall discharge the duty in accordance with the authorisation and any conditions imposed by the police and crime commissioner under subsection (1).

(3) Subsection (1) does not apply in relation to functions under this section.

(4) An authorisation under this section may be varied or revoked at any time by the police and crime commissioner.

(5) Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.

(6) Paragraphs 2, 3, 4 and 5 of Schedule 1 shall apply to deputy commissioners as they apply to police and crime commissioners.”

BARONESS HENIG

31D

Insert the following new Clause—

“Police Commission (No. 2)

(1) A Police Commission has—

(a) the functions conferred by this section;

(b) the functions relating to community safety and crime prevention conferred by Chapter 3; and

(c) the other functions conferred by this Act and other enactments.

(2) The Police Commission for a police area must—

(a) secure the maintenance of the police force for that area;

(b) secure that the police force is efficient and effective; and

(c) secure the reduction of crime within that area.

(3) The Police Commission for a police area must hold the relevant chief constable to account for the exercise of—

(a) the functions of the chief constable;

(b) the functions of persons under the direction and control of the chief constable; and

(c) the duties imposed on the chief constable or persons under his or her direction and control by this Act and other enactments, including but not limited to the Human Rights Act 1998, the Children Act 2004 and the Equality Act 2010.

(4) The Police Commission for a police area must make arrangements—

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

(b) to ensure the police and crime commissioner attends at least two such meetings per year;

(c) 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, and those from different ethnic backgrounds, faith groups, disabled groups, or sexual identity groups;

(d) to promote diversity.”

Schedule 1

BARONESS HENIG

31E

Page 106, line 9, leave out “Secretary of State” and insert “police and crime panel”

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”

LORD BEECHAM

32A

Page 106, line 9, at end insert “after consultation with—

(a) the Local Government Association,

(b) the Welsh Local Government Association,

(c) the Association of Police Authorities”

BARONESS HENIG

32B

Page 106, line 10, leave out sub-paragraph (3) and insert—

“(3) The Secretary of State may make regulations about salaries, authorised allowances and pensions to be paid to police and crime commissioners.”

32C

Page 106, line 15, leave out from “functions” to end of line 16 and insert “subject to paragraph 2(3)”

32D

Page 106, line 19, leave out “A police and crime commissioner” and insert “Subject to paragraph 2(3), a Police Commission”

32E

Page 106, leave out lines 25 and 26

32EA

Page 106, line 27, leave out “police and crime commissioner” and insert “Police Commission”

32F

Page 106, line 29, leave out sub-paragraph (2)

32G

Page 106, line 32, leave out “police and crime commissioner” and insert “Police Commission”

32GA

Page 107, line 1, leave out “commissioner’s” and insert “Commission’s”

32GB

Page 107, line 2, leave out “commissioner’s” and insert “Commission’s”

32H

Page 107, line 6, leave out “police and crime commissioner” and insert “Police Commission”

32J

Page 107, line 7, leave out first “commissioner” and insert “Commission”

32K

Page 107, line 7, leave out second “commissioner” and insert “Commission”

32KA

Page 107, line 7, leave out “the functions of commissioner” and insert “its functions”

32L

Page 107, line 10, leave out “police and crime commissioner” and insert “Police Commission”

32M

Page 107, line 13, leave out “police and crime commissioner” and insert “Police Commission”

32MA

Page 107, line 16, leave out “commissioner’s” and insert “Commission’s”

32N

Page 107, line 22, leave out “police and crime commissioner” and insert “Police Commission”

32P

Page 107, line 26, leave out “police and crime commissioner” and insert “Police Commission”

32PA

Page 107, line 27, leave out “commissioner’s” and insert “Commission’s”

32Q

Page 107, line 28, leave out “police and crime commissioner” and insert “Police Commission”

32QA

Page 107, line 30, leave out “commissioner’s” and insert “Commission’s”

32QB

Page 107, line 32, leave out “commissioner’s” and insert “Commission’s”

32QC

Page 107, line 33, leave out “commissioner’s” and insert “Commission’s”

32R

Page 107, line 37, leave out “police and crime commissioner” and insert “Police Commission”

32RA

Page 107, line 38, leave out “the functions of commissioner” and insert “its functions”

BARONESS HAMWEE

LORD SHIPLEY

33

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

34

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

LORD BEECHAM

34A

Page 107, line 44, at end insert —

“( ) The police and crime commissioner must exercise these powers in consultation with the police and crime panel.

( ) The police and crime panel may amend or reject the police and crime commissioner’s decisions to use these powers if the panel agrees to do so by a two-thirds majority.”

BARONESS HENIG

34B

Page 108, line 2, leave out “police and crime commissioners” and insert “Police Commissions”

BARONESS HAMWEE

LORD SHIPLEY

35

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

BARONESS HENIG

35A

Page 108, line 8, leave out “police and crime commissioner” and insert “Police Commission”

BARONESS HAMWEE

LORD SHIPLEY

36

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

BARONESS HENIG

36ZA

Page 108, line 13, leave out “police and crime commissioner” and insert “Police Commission”

36ZB

Page 108, line 15, leave out “election of the commissioner is held” and insert “Commission is appointed”

36ZC

Page 108, line 18, leave out “commissioner’s” and insert “Commission’s”

After Schedule 1

LORD BEECHAM

36A

Insert the following new Schedule—

“SCHEDULE Vacancies in the office of police and crime commissioners Part 1 Interpretation Interpretation

1 Any reference in this Schedule to a period when a police and crime commissioner is temporarily unable to act is a reference to a period when—

(a) there is no vacancy in the office of police and crime commissioner; but

(b) the police and crime commissioner is unable to act by reason of illness, imprisonment or absence abroad or for any other reason;

and references to the police and crime commissioner being temporarily unable to act shall be construed accordingly.

Part 2 Vacancies in the office of police and crime commissioner Notice of vacancy in office of police and crime commissioner

2 If a casual vacancy occurs in the office of a police and crime commissioner, the commissioner’s chief executive shall give notice of the vacancy—

(a) to the deputy commissioner, if there is a holder of that office; or

(b) in any other case, to the chair of the police and crime panel.

Provision for acting commissioner during vacancy

3 During any vacancy in the office of police and crime commissioner in any police area there shall be an acting commissioner (in this Act referred to as the “acting commissioner”).

Filling the office of acting commissioner

4 (1) If a person holds the office of deputy commissioner on the date on which a vacancy in the office of police and crime commissioner occurs, that person shall be the acting police and crime commissioner unless, within the permitted period, that person gives notice to the commissioner’s chief executive that he or she does not wish to be the acting commissioner.

(2) If a person becomes the acting commissioner by virtue of being the deputy commissioner, that person shall—

(a) cease to be the deputy commissioner; and

(b) not be the deputy commissioner, the chair of the police and crime panel or the deputy chair of the police and crime panel at any time while he or she is the acting commissioner.

(3) If, by virtue of sub-paragraph (1), the person who is the deputy commissioner does not become the acting commissioner, the commissioner’s chief executive shall give notice of that fact to the chair of the police and crime panel as soon as practicable after—

(a) receipt of any notice under sub-paragraph (1); or

(b) if no such notice is given, the last day of the permitted period.

(4) Where notice is given to the chair of the police and crime panel—

(a) under paragraph 2(1)(b), or

(b) under sub-paragraph (3),

the person who is the chair of the police and crime panel shall be the acting commissioner.

(5) If a person becomes acting commissioner by virtue of being the chair of the police and crime panel that person shall—

(a) cease to be the chair of the police and crime panel; and

(b) not be the deputy commissioner, the chair of the police and crime panel or the deputy chair of the police and crime panel at any time while he or she is the acting commissioner.

(6) In this paragraph “the permitted period” means the period of seven days following the day on which notice under paragraph 2(1)(a) is given to the deputy commissioner.

Acting commissioner to be treated as police and crime commissioner during vacancy

5 (1) If and so long as there is an acting commissioner—

(a) any functions exercisable by the police and crime commissioner shall be exercisable instead by the acting commissioner; and

(b) for the period of the vacancy, the acting commissioner shall accordingly be treated as if he or she were the police and crime commissioner.

Acting commissioner not to act as member of police and crime panel

6 While a person is the acting commissioner, he or she shall not act as a member of the police and crime panel.

Part 3 Police and crime commissioner temporarily unable to act Notice of police and crime commissioner’s temporary inability to act

7 (1) If the commissioner’s chief executive becomes aware that the police and crime commissioner is temporarily unable to act, he or she shall as soon as reasonably practicable give notice of that fact—

(a) to the chair of the police and crime panel; and

(b) to the deputy commissioner, if there is a holder of that office.

(2) For the purposes of the following provisions of this Part of this Schedule, any period when the police and crime commissioner is temporarily unable to act shall be taken to begin with the giving of the notice required by sub-paragraph (1).

Deputy commissioner to be treated as commissioner during the period

8 During any period when the police and crime commissioner is temporarily unable to act—

(a) any functions exercisable by the police and crime commissioner shall be exercisable instead by the deputy commissioner, and

(b) for that period, the deputy commissioner shall accordingly be treated as if he or she were the police and crime commissioner.

Exercise of police and crime commissioner’s functions by chair

9 (1) This paragraph applies in relation to any period (or, as the case may be, the remainder of any period) when the police and crime commissioner is temporarily unable to act, if—

(a) at the beginning of that period there is no deputy commissioner;

(b) the person who, at the beginning of that period, is the deputy commissioner gives notice to the commissioner’s chief executive, within the permitted time, that he or she does not wish to exercise the functions of the police and crime commissioner pursuant to paragraph 8, or

(c) a casual vacancy occurs in the office of deputy commissioner during that period,

and in paragraph (b) above “the permitted time” means the period of seven days following the day on which notice under paragraph 7(1)(b) is given to the deputy commissioner.

(2) Where this paragraph applies, paragraph 8 shall have effect with the substitution for references to the deputy commissioner of references to the chair of the police and crime panel.

(3) If and so long as functions are exercisable by virtue of paragraph 8 by the chair of the police and crime panel, he or she shall not exercise any of the other functions of chair of the police and crime panel.

(4) If and so long as the chair of the police and crime panel is precluded by sub-paragraph (3) from exercising any of his or her functions, those functions shall be exercisable instead by another member of the panel chosen by the panel.”

Clause 2

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

36B

Page 2, line 39, at end insert—

“( ) the declaration that a chief constable makes under oath in accordance with Schedule 4 to the Police Act 1996 (form of declaration).”

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)”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

37ZA

Page 2, line 41, at end insert—

“( ) Matters within the direction and control of a chief constable shall include, but not be limited to—

(a) decisions about whether to deploy police officers;

(b) decisions about the allocation of the annual police force budget;

(c) decisions that require balancing competing operational needs;

(d) tactical operational decisions;

(e) decisions that fall within the ordinary professional discretion of a police officer; and

(f) any other matter that the HMIC determines is within the direction and control of a chief constable.”

37ZB

Page 3, line 2, leave out from “to” to end of line 3 and insert “protect fundamental rights, uphold the law and keep the peace”

LORD BEECHAM

37ZC

Page 3, line 2, leave out “police and crime commissioner to exercise the commissioner’s” and insert “Police Commission to exercise its”

37A

Page 3, line 3, at end insert “and to assist the police and crime panel in the exercise of its functions”

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 Commissions 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 Commissions 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) One of the police areas prescribed under subsection (2) must have an elected Mayor in a local authority within that police area.

(4) 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 Commissions

(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 a Police Commission 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.”

40A

Insert the following new Clause—

“Principles

In exercising powers and performing functions under this Act, the Home Secretary, Police Commissions and chief constables must have regard to the following principles—

(a) principled, effective and efficient policing services are a cornerstone of a free and democratic society under the rule of law;

(b) effective policing relies on a wide measure of public support and confidence;

(c) policing services are provided under a tripartite system of police accountability;

(d) policing services are provided in a manner that respects human rights;

(e) policing services are provided independently and impartially; and

(f) in providing policing services, every police employee is required to act professionally, ethically, with integrity and in accordance with their attestation made under oath in accordance with Schedule 4 to the Police Act 1996.”

40B

[Withdrawn]

Schedule 2

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

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

BARONESS HARRIS OF RICHMOND

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

LORD KENNEDY OF SOUTHWARK

49

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

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

LORD KENNEDY OF SOUTHWARK

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”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

55A

Page 3, line 35, at end insert—

“(7A) The Mayor’s Office for Policing and Crime must not exercise its functions in a way that undermines the operational independence of the Commissioner of Police of the Metropolis and, in particular, must not take any action, make any request or otherwise encourage any action that is inconsistent with—

(a) the attestation that the Commissioner makes under oath in accordance with Schedule 4 to the Police Act 1996 (form of declaration); or

(b) the ability of the Commissioner to exercise his or her power of direction and control under section 4 of this Act.

(7B) If the Commissioner reasonably believes that the Mayor’s Office for Policing and Crime has taken, requested or otherwise encouraged any action that is inconsistent with subsection (7A)(a) or (b), the Commissioner may notify the London Assembly police and crime panel for a determination.

(7C) For the avoidance of doubt, any purported direction by the Mayor’s Office for Policing and Crime under subsection (7A) has no legal effect.”

LORD HARRIS OF HARINGEY

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)

LORD HARRIS OF HARINGEY

LORD STEVENS OF KIRKWHELPINGTON

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

BARONESS HENIG

64A

Page 4, line 29, leave out subsection (1)

LORD HARRIS OF HARINGEY

64B

Page 4, line 29, after “sole” insert “for the purposes of the employment of staff only”

BARONESS HENIG

64C

Page 4, line 30, at end insert “for the purposes of employing staff only”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

64D

Page 4, line 34, at end insert “, and

( ) the declaration that the Commissioner makes under oath in accordance with Schedule 4 to the Police Act 1996 (form of declaration).”

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”

BARONESS HENIG

LORD HARRIS OF HARINGEY

66A

Page 113, line 31, leave out “chief finance officer” and insert “finance director”

BARONESS HAMWEE

LORD SHIPLEY

BARONESS HENIG

LORD HARRIS OF HARINGEY

67

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

BARONESS HENIG

67A

Page 114, line 2, leave out paragraph 2

BARONESS HENIG

LORD HARRIS OF HARINGEY

67B

Page 114, line 16, leave out 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

LORD SOLEY

68ZA

Page 5, line 9, at end insert—

“( ) A police and crime commissioner must issue a crime prevention plan within the financial year in which each ordinary election is held.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

68ZB

Page 5, line 12, leave out subsection (4)

68ZC

Page 5, line 13, leave out “or varying”

LORD BEECHAM

68A

Page 5, line 20, at end insert—

“( ) consult local authorities in the police area and have regard for their views,”

BARONESS HAMWEE

LORD SHIPLEY

69

Page 5, line 25, at end insert—

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

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

69A

Page 5, line 39, at end insert “, and

( ) any report or recommendations made to the police and crime commissioner by HMIC under section 85 of this Act.”

69B

Page 5, line 40, leave out from “and” to end and insert “have regard to any relevant matters under this subsection in preparing the next annual police and crime plan”

Clause 6

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

69C

Page 6, line 27, leave out subsection (4)

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—

“( ) 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”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

74A

Page 7, line 8, leave out from “and” to end and insert “have regard to any relevant matters under this subsection in preparing the next annual police and crime plan”

BARONESS HAMWEE

LORD SHIPLEY

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

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

76A

Page 7, line 39, leave out paragraph (b) and insert—

“(b) the police and crime panel’s police and crime objectives;”

76B

Page 8, line 1, leave out “chief officer of police’s performance in providing policing” and insert “police force’s performance”

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.”

LORD BLENCATHRA

77A

Page 8, line 17, leave out subsection (4) and insert—

“( ) Her Majesty’s Inspectorate of Constabulary may publish general guidance on matters to be included in police and crime plans.”

77B

Page 8, line 20, leave out subsection (6)

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

LORD BLENCATHRA

79A

Page 9, line 9, leave out “have regard to” and insert “follow”

79B

Page 9, line 9, leave out “have regard to” and insert “ignore”

79C

Page 9, line 20, leave out subsections (5) to (7)

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

LORD BEECHAM

80A

Page 9, line 32, after “may” insert “, following consultation with the relevant local authorities”

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.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

83ZA

Page 10, line 6, after “effective” insert “independent and impartial”

LORD BEECHAM

83A

Page 10, line 16, leave out paragraphs (b) to (g)

After Clause 10

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

83B

Insert the following new Clause—

“Memorandum of understanding: cooperative working

(1) The responsible Minister must prepare a memorandum of understanding to outline the collaborative working relationship between the Police Commission and criminal justice bodies, detailing where the functions of the criminal justice bodies are independent of the Police Commission.

(2) A draft memorandum of understanding must be laid before Parliament at the same time as a draft commencement order for section 10 of the Act.

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

(a) the chief constable or, in the case of London, the Commissioner of the Police of the Metropolis;

(b) police bodies listed in section (Applicability of memorandum of understanding: operational independence) and organisations representing members of those bodies;

(c) local authorities;

(d) the Law Commission;

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

(f) 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 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).”

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.”

LORD BEECHAM

85A

Page 11, line 6, at end insert—

“( ) Such information should be provided in respect of—

(a) police forces,

(b) police divisions,

(c) basic command units, and

(d) neighbourhoods.

( ) Where information is provided in respect of neighbourhoods it shall be done in consultation with the relevant local authorities.”

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.”

LORD BEECHAM

86A

Page 11, line 22, at end insert “and the relevant local authorities”

86B

Page 11, line 23, after “body” insert “and the chief constable”

86C

Page 11, line 27, after “body” insert “and the chief constable”

Clause 13

LORD BEECHAM

86D

Page 11, line 39, after “body” insert “and the chief constable”

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),”

LORD BEECHAM

91A

Page 12, line 30, at end insert—

“(c) the relevant local authorities,”

BARONESS HAMWEE

LORD SHIPLEY

92

Page 12, line 39, at end insert—

“(c) the London boroughs,”

LORD BEECHAM

92A

Page 12, line 39, at end insert—

“(c) the relevant local authorities,”

92B

Page 13, line 11, at end insert “and the views of local authorities in the police area”

BARONESS HAMWEE

LORD SHIPLEY

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”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

98A*

Page 14, line 13, at end insert “with the prior authorisation of the police and crime panel”

BARONESS HAMWEE

LORD SHIPLEY

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)

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 18 stand part of the Bill.

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)

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 19 stand part of the Bill.

Clause 20

LORD HARRIS OF HARINGEY

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 20 stand part of the Bill.

Schedule 5

LORD BEECHAM

116A

Page 115, line 23, at end insert—

“( ) A precept must be issued separately from a local authority’s—

(a) council tax demand, and

(b) non-domestic rates demand.”

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) ”

LORD BEECHAM

117A

Page 115, line 28, after “panel” insert “and the local authorities in the police area”

117B

Page 115, line 29, at end insert—

“( ) The Police Commission must have regard for representations made by the bodies notified under sub-paragraph 1.”

BARONESS HAMWEE

LORD SHIPLEY

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,”

LORD BEECHAM

121A

Page 115, line 37, at end insert “amend or”

121B

Page 116, line 2, at end insert—

“( ) A decision to amend or veto a proposed precept must be agreed by a two-thirds majority.”

BARONESS HAMWEE

LORD SHIPLEY

122

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

BARONESS HENIG

122A

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

Clause 28

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

122B*

Page 20, line 27, at end insert—

“(1A) A police and crime panel has the functions conferred by this Act and other enactments.

(1B) A police and crime panel must hold the relevant police and crime commissioner to account for the exercise of—

(a) the functions of the police and crime commissioner;

(b) the functions of the police and crime commissioner’s staff;

(c) the conduct of the police and crime commissioner; and

(d) the conduct of the police and crime commissioner’s staff.

(1C) In discharging the functions under this Act, a police and crime panel may consult—

(a) a chief officer of police;

(b) persons residing in the police force area;

(c) HMIC; and

(d) any other person, as the panel sees fit.

(1D) In discharging the functions under this Act, a police and crime panel may consider any views expressed or complaints made by—

(a) a chief office of police;

(b) persons residing in the police force area;

(c) HMIC; and

(d) any other person, as the panel sees fit.

(1E) In discharging its functions under this Act, a police and crime panel may—

(a) investigate qualifying complaints and conduct matters in relation to the police and crime commissioner;

(b) institute misconduct proceedings against the police and crime commissioner if, following an investigation under subsection (a), it appears to the panel that misconduct proceedings are necessary; and

(c) suspend the relevant police and crime commissioner;

in accordance with regulations made under sections 30 and 31.”

BARONESS HAMWEE

LORD SHIPLEY

LORD BEECHAM

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.”

LORD BEECHAM

123A

Page 20, line 33, at end insert—

“( ) Meetings of police and crime panels must be held in public.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

123AA

Page 20, line 33, at end insert—

“( ) A report or recommendations made under subsection (2)(b) must include the panel’s police and crime objectives.”

LORD BEECHAM

123B

Page 21, line 21, at end insert—

“( ) A police and crime panel must appoint an audit committee from among its members and such a committee shall be able to appoint sub-committees.”

123C

Page 21, line 21, at end insert—

“( ) Each police and crime panel shall establish a procedure to allow members of the public and the panel to notify the panel of objections to decisions of the police and crime commissioner (a “call-in procedure”).

( ) Where a call-in procedure is used, no action may be taken to implement the decision in question until the conditions of the procedure have been satisfied.”

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

LORD BEECHAM

126A

Page 118, line 40, leave out “two members co-opted by the panel” and insert “co-opted members chosen by the panel constituting two-thirds of the total membership”

126B

Page 118, line 40, at end insert—

“( ) In co-opting members, the panel shall take into account equality and diversity considerations.”

126C

Page 119, line 25, at end insert—

“( ) In appointing local authority members to a police and crime panel political proportionality shall be reflected on a similar basis to that operated by the Local Government Association in making member appointments.”

BARONESS HAMWEE

LORD SHIPLEY

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”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

141A*

Page 21, line 29, leave out subsection (2)

141B*

Page 21, line 31, at end insert “where disclosure would not be in the public interest”

BARONESS HAMWEE

LORD SHIPLEY

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”

LORD HUNT OF KINGS HEATH

LORD ROSSER

148A

Page 22, line 4, leave out “two years” and insert “six months”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

148B*

Page 22, line 4, at end insert—

“( ) A police and crime panel may suspend the relevant police and crime commissioner, in accordance with regulations made under section 31.”

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.”

Clause 31

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

149A*

Page 22, line 31, at end insert—

“( ) the suspension of a police and crime commissioner by a police and crime panel while a qualifying complaint or conduct matter is being investigated.”

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”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

151A*

Page 22, line 37, at end insert “which shall consist of twelve members appointed from among members of the Assembly, by the Assembly.”

( ) In co-opting members, the Assembly must have regard to—

(a) the functions to be performed by the panel;

(b) the skills and experience of members; and

(c) the general equality duty under the Equality Act 2010.”

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”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

166A*

Page 24, line 30, at end insert—

“( ) the Commissioner of Police of the Metropolis.”

166B*

Page 24, line 34, at end insert—

“( ) The Commissioner of Police of the Metropolis must comply with any requirement imposed by the London Assembly under subsection (1).”

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

LORD BEECHAM

167A

Page 25, line 17, after “police” insert “in consultation with the relevant local authority”

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

LORD BEECHAM

169A

Page 26, line 10, after “area” insert “, assisted by three members of the police and crime panel for the area (including one co-opted member of the panel),”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

169B*

Page 26, line 11, at end insert “subject to the requirements in subsections (1A), (1B) and (1C) of this section.

(1A) A person may not be appointed as chief constable of a police force unless that person—

(a) holds or has held the rank of—

(i) chief constable, deputy chief constable or assistant chief constable in a police force maintained under section 2 of the Police Act 1996;

(ii) commissioner, deputy commissioner, assistant commissioner or deputy assistant commissioner in the Metropolitan police force; or

(iii) assistant commissioner in the City of London police;

for a period of no less than three years; and

(b) has passsed the Senior National Assessment and completed the Strategic Command course.

(1B) A person may not be appointed to the rank of chief constable for a period of more than five years.

(1C) The appropriate authority may only appoint a person as chief constable if the Secretary of State approves the appointment.”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

170

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

LORD BEECHAM

170A

Page 26, line 12, after “may” insert “, following consultation with the chair of the police and crime panel,”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

170AA*

Page 26, line 13, at end insert “if an investigation into an allegation of misconduct or gross misconduct is being undertaken and, in the light of the investigation, the maintenance of public confidence in that force requires the suspension”

LORD BEECHAM

170B

Page 26, line 14, after “may” insert “, following consultation with the chair of the police and crime panel,”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

171

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

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

171A*

Page 26, line 15, at end insert “with the approval of the Secretary of State”

171B*

Page 26, line 15, at end insert “on the grounds of gross misconduct”

Schedule 8

BARONESS HAMWEE

LORD SHIPLEY

LORD BEECHAM

172

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

BARONESS HENIG

172A

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

BARONESS HAMWEE

LORD SHIPLEY

173

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

174

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

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

175

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

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

175A*

Page 137, line 8, after “not” insert “seek the Secretary of State’s approval to”

BARONESS HAMWEE

LORD SHIPLEY

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

LORD BEECHAM

177A

Page 26, line 26, after “commissioner” insert “and the chair of the police and crime panel”

177B

Page 26, line 29, after “commissioner” insert “and the chair of the police and crime panel”

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).”

LORD BEECHAM

178A

Page 26, line 31, after “may” insert “, following consultation with the police and crime commissioner and the chair of the police and crime panel,”

178B

Page 26, line 33, after “may” insert “, following consultation with the police and crime commissioner and the chair of the police and crime panel,”

Clause 40

LORD BEECHAM

178C

Page 27, line 8, after “commissioner” insert “and the chair of the police and crime panel”

178D

Page 27, line 10, after “may” insert “, following consultation with the police and crime commissioner and the chair of the police and crime panel,”

178E

Page 27, line 12, after “may” insert “, following consultation with the police and crime commissioner and the chair of the police and crime panel,”

Clause 42

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

178F*

Page 28, line 32, at end insert “subject to the requirements in subsections (1A), (1B) and (1C) of this section.

(1A) A person may not be appointed as the Commissioner of Police of the Metropolis unless that person—

(a) holds or has held the rank of—

(i) chief constable, deputy chief constable or assistant chief constable in a police force maintained under section 2 of the Police act 1996;

(ii) commissioner, deputy commissioner, assistant commissioner or deputy assistant commissioner in the Metropolitan police force; or

(iii) assistant commissioner in the City of London police;

for a period of less than three years; and

(b) has passed the Senior National Assessment and completed the Strategic Command course.

(1B) A person may not be appointed to the rank of the Commissioner of Police of the Metropolis for a period of more than five years.

(1C) A person may only be appointed as the Commissioner of Police of the Metropolis if the Secretary of State approves the appointment.”

Clause 43

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

178G*

Page 29, line 14, at end insert—

“( ) any representations made by the London Assembly police and crime panel.”

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.”

Clause 45

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

179A*

Page 29, line 33, after “Crime” insert “and the London Assembly police and crime panel”

Clause 46

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

179B*

Page 30, line 5, after “Crime” insert “and the London Assembly police and crime panel”

Clause 47

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

179C*

Page 30, line 12, after “Crime” insert “and the London Assembly police and crime panel”

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”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

181A*

Page 30, line 16, at end insert “London Assembly police and crime panel and the”

181B*

Page 30, line 20, at end insert—

“( ) If an investigation into an allegation of misconduct or gross misconduct by the Commissioner of Police of the Metropolis is being undertaken and, in light of the investigation, the maintenance of public confidence in the Metropolitan police force requires the suspension.”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

182

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

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

182A*

Page 30, line 25, after second “the” insert “London Assembly police and crime panel and the”

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

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

211ZA*

Page 39, line 5, after “section” insert “28(1E) or”

LORD BEECHAM

211A

Page 39, line 7, leave out from second “the” to end of line 8 and insert “police and crime panel and is an elected member of a relevant local authority”

BARONESS HAMWEE

LORD SHIPLEY

212

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

LORD BEECHAM

212A

Page 39, line 46, at end insert—

“( ) Schedule (Vacancies in the office of police and crime commissioners) shall have effect.”

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 of 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 BEECHAM

214A

Page 42, line 26, at end insert—

“( ) has served in the relevant police area during the eight years prior to the election or four years prior to the election in any other police area;

( ) is a former chief constable or deputy chief constable in any police area;”

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 member of a Police Commission 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 to 220 are amendments to Amendment 218]

219

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

LORD ELYSTAN-MORGAN

LORD MORRIS OF ABERAVON

LORD WIGLEY

219A

Line 3, leave out “three police areas outside London” and insert “North Wales, Dyfed-Powys, South Wales and Gwent”

LORD BLENCATHRA

220

Line 6, leave out paragraph (a)

Clause 79

LORD BEECHAM

220A

Page 49, line 14, after “police” insert “and a police and crime commissioner”

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

LORD BLENCATHRA

225A

Page 50, line 10, leave out from “be” to end of line 11 and insert “necessary to prevent the safety of people in a police area from being put at risk”

BARONESS HAMWEE

LORD SHIPLEY

226

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

Clause 81

LORD BEECHAM

226A

Page 50, line 25, after “means” insert—

“( ) the Local Government Authority;

( ) the Welsh Local Government Authority;

( ) any body representing police and crime panels;

( ) any other body the Secretary of State deems appropriate; and

( ) ”

Clause 82

LORD BEECHAM

226B

Page 50, line 31, leave out paragraphs (b) and (c)

Clause 83

LORD BEECHAM

226C

Page 50, line 37, leave out subsection (3) and insert—

“(3) Before subsection (1) insert—

“(A1) The Secretary of State may require a Police Commission to suspend from duty the chief constable of the police force in the Police Commission’s police area.”.”

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

LORD BEECHAM

230A

Page 144, line 2, leave out sub-paragraph (2) and insert—

“(2) In subsection (1)(c) for “police authority” substitute “police and crime commissioner”.”

230B

Page 144, line 2, at end insert—

“( ) After subsection (1)(c) insert—

“(ca) every police and crime panel any part of whose police area so lies;”.”

230C

Page 144, line 41, at end insert—

“( ) In subsection (5) at the end of the definition of “fire and rescue authority” insert—

““police and crime commissioner” means any police and crime commissioner established under the Police Reform and Social Responsibility Act 2011; and

“police and crime panel” means any police and crime panel established under section 28 of the Police Reform and Social Responsibility Act 2011.”.”

BARONESS HAMWEE

LORD SHIPLEY

231

Page 146, line 15, leave out paragraph 5

Before Clause 90

LORD BRADSHAW

LORD FAULKNER OF WORCESTER

LORD RAMSBOTHAM

231A

Insert the following new Clause—

“Status of British Transport Police Force

(1) After section 1(2)(c) of the Police Act 1996 insert—

“(d) the area over which the British Transport Police Force has jurisdiction.”

(2) In section 30 of that Act insert—

“(2A) A member of the British Transport Police Force shall have all the powers and privileges of a constable throughout England and Wales and Scotland and the adjacent United Kingdom waters.”

(3) In section 101 of that Act, in the definition of “chief officer of police” insert—

“(d) in relation to the British Transport Police Force, the Chief Constable of that Force;”.

(4) In section 1(2) of the Police (Property) Act 1997, in inserted section (2B) insert—

“(d) the British Transport Police Authority,”.

(5) Omit section 100 of the Anti-terrorism, Crime and Security Act 2001.”

231B

Insert the following new Clause—

“Application of Sexual Offences Act 2003 to British Transport Police Force

(1) The Sexual Offences Act 2003 is amended as follows.

(2) In section 104 insert—

“(5A) The Chief Constable of the British Transport Police Force may make a complaint under subsection (5) where the person is in, or is intending to come to, an area within the jurisdiction of the British Transport Police Force (as defined by section 31 of the Railways and Transport Safety Act 2003) or where the act referred to in subsection (5)(b) has occurred within that jurisdiction.”

(3) In section 123 insert—

“(1A) The Chief Constable of the British Transport Police Force may make a complaint under subsection (1) where the person is in, or is intending to come to, an area within the jurisdiction of the British Transport Police Force (as defined by section 31 of the Railways and Transport Safety Act 2003) or where the act referred to in subsection (1)(a) has occurred within that jurisdiction.”

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).”

After Clause 96

LORD LESTER OF HERNE HILL

233A

Insert the following new Clause—

“Exemption from civil proceedings for trespass brought by offender

(1) Section 329 of the Criminal Justice Act 2003 (civil proceedings for trespass to the person brought by offender) is amended as follows.

(2) In subsection (1)(b), at the end insert “, and”.

(3) After subsection (1)(b) insert—

“(c) at the material time, the defendant was not a constable acting in the course of his or her duty.””

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.

(1A) For the purpose of subsection (1)(c) the Mayor’s Office for Policing and Crime shall have access to all information and systems where complaints are recorded.”

Schedule 16

LORD BRADSHAW

LORD FAULKNER OF WORCESTER

LORD RAMSBOTHAM

234ZA

Page 184, line 9, at end insert—

“92A In section 54(3)(a), after “force,” insert “including the British Transport Police Force,”.”

234ZB

Page 184, line 28, at end insert—

“(c) a person employed by the Chief Constable of the British Transport Police Force;”.”

BARONESS HENIG

LORD HARRIS OF HARINGEY

234A

Page 197, line 30, leave out “, 2 or 4”

234B

Page 197, leave out lines 44 and 45

234C

Page 198, line 6, leave out from beginning to first “the” in line 8

234D

Page 198, leave out lines 17 to 21

234E

Page 198, line 25, leave out “, or the chief officer of police,”

234F

Page 198, line 27, leave out “or chief officer”

234G

Page 198, line 29, leave out “or chief officer”

234H

Page 198, line 31, leave out “or chief officer”

234J

Page 198, line 43, leave out from beginning to end of line 4 on page 199

234K

Page 199, line 6, leave out “or a chief officer of police”

234L

Page 199, line 7, leave out “, (1C)”

234M

Page 199, line 8, leave out “, (1C)”

234N

Page 199, line 10, leave out “(1C)”

234P

Page 199, leave out lines 18 to 21

234Q

Page 204, leave out lines 29 to 31

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 104

LORD BRADSHAW

LORD FAULKNER OF WORCESTER

LORD RAMSBOTHAM

237ZA

Page 66, line 18, at end insert—

“(aa) after paragraph (a) insert—

“(aa) the Chief Constable of the British Transport Police Force, for any premises situated in the area in which that Force has jurisdiction,”,”

After Clause 104

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

237A

Insert the following new Clause—

“General duties of licensing authorities

(1) The Licensing Act 2003 is amended as follows.

(2) In section 4(2), after paragraph (d) insert—

“(e) protecting and improving public health”.”

Clause 106

LORD CLEMENT-JONES

VISCOUNT ASTOR

237B

Page 67, line 11, leave out paragraphs (a) to (c) and insert “for paragraphs (a) to (e) of subsection (3) substitute—

“(a) a person who lives sufficiently close to the premises to be likely to be affected by the authorised activities,

(b) a person who has a business interest that might be affected by the authorised activities,

(c) anyone representing persons who satisfy the requirements of paragraph (a) or (b),”.”

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

LORD CLEMENT-JONES

The above-named Lords give notice of their intention to oppose the Question that Clause 106 stand part of the Bill.

Clause 108

LORD CLEMENT-JONES

VISCOUNT ASTOR

239A

Page 69, line 7, leave out paragraphs (a) to (c) and insert “for paragraphs (a) to (e) of subsection (3) substitute—

“(a) a person who lives sufficiently close to the premises to be likely to be affected by the authorised activities,

(b) a person who has a business interest that might be affected by the authorised activities,

(c) anyone representing persons who satisfy the requirements of paragraph (a) or (b),”.”

Clause 110

VISCOUNT ASTOR

LORD CLEMENT-JONES

240

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

LORD CLEMENT-JONES

VISCOUNT ASTOR

240A

Page 71, line 3, leave out subsections (11) to (13)

LORD CLEMENT-JONES

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 110 stand part of the Bill.

Clause 111

LORD CLEMENT-JONES

VISCOUNT ASTOR

240B

Page 71, line 22, leave out subsections (3) to (5)

The above-named Lords give notice of their intention to oppose the Question that Clause 111 stand part of the Bill.

Clause 112

LORD CLEMENT-JONES

VISCOUNT ASTOR

The above-named Lords give notice of their intention to oppose the Question that Clause 112 stand part of the Bill.

Clause 113

LORD BRADSHAW

LORD FAULKNER OF WORCESTER

LORD RAMSBOTHAM

240BA

Page 72, line 20, at end insert “including the Chief Constable of the British Transport Police Force,”

LORD CLEMENT-JONES

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 113 stand part of the Bill.

Clause 114

BARONESS HAMWEE

LORD SHIPLEY

240C

Page 73, line 44, at end insert—

“(iii) any standard conditions imposed under section 106B,”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

240D

Page 73, line 44, at end insert—

“(iii) any standard conditions imposed under section 106B, and

(aa) in the case where a premises licence or club premises certificate is in force in respect of the premises used for the licensable activity, the licensable activity is carried out in accordance with any conditions to which the premises licence or club premises certificate is subject (except where those conditions are inconsistent with the carrying out of the licensable activities in question), and”

BARONESS HAMWEE

LORD SHIPLEY

240E

Page 73, line 44, at end insert—

“(aa) in the case where a premises licence or club premises certificate is in force in respect of the premises used for the licensable activity, the licensable activity is carried out in accordance with any conditions to which the premises licence or club premises certificate is subject (except where those conditions are inconsistent with the carrying out of the licensable activities in question), and”

BARONESS HAMWEE

LORD SHIPLEY

LORD HUNT OF KINGS HEATH

LORD ROSSER

240F

Page 74, line 34, at end insert—

“(3A) After section 106A (as inserted by subsection (3)) insert—

“106B Standard conditions on temporary event notices

(1) A licensing authority may, if the authority considers it appropriate for the promotion of the licensing objectives to do so, prescribe standard conditions which, in accordance with subsections (2) to (5), may be applied to any temporary event notice.

(2) The relevant licensing authority may impose one or more of its standard conditions on a standard temporary event notice if—

(a) the authority considers it appropriate for the promotion of the licensing objectives to do so, and

(b) the conditions would not be inconsistent with the carrying out of the licensable activities under the temporary event notice.

(3) Where the authority decides to impose one or more standard conditions under subsection (2)—

(a) the authority must give the premises user notice of the decision,

(b) the notice must be accompanied by a separate statement (the “statement of standard conditions”) which sets out the standard conditions that have been imposed on the temporary event notice, and

(c) a copy of the notice and statement of standard conditions must be given to each relevant party.

(4) The notice and statement of standard conditions under subsection (3) must—

(a) be in the prescribed form,

(b) be given to the premises user in the prescribed manner, and

(c) be given no later than 24 hours before the beginning of the event period specified in the temporary event notice.

(5) Where the premises are situated in the area of more than one licensing authority, the functions conferred on the relevant licensing authority by subsection (2) must be exercised by those authorities jointly.””

240G

Page 74, line 38, after “106A(3)” insert “or any statement of standard conditions given under section 106B(3)”

240H

Page 74, line 41, after “106A(3)” insert “or any statement of standard conditions given under section 106B(3)”

240J

Page 75, line 10, after “106A(3)” insert “or a statement of standard conditions given under section 106B(3)”

Clause 116

BARONESS HAMWEE

LORD SHIPLEY

240K

Page 78, line 1, leave out subsection (2)

LORD CLEMENT-JONES

VISCOUNT ASTOR

The above-named Lords give notice of their intention to oppose the Question that Clause 116 stand part of the Bill.

Clause 119

LORD CLEMENT-JONES

VISCOUNT ASTOR

240L

Page 78, line 27, leave out subsection (3)

After Clause 119

BARONESS COUSSINS

BARONESS FINLAY OF LLANDAFF

240M

Insert the following new Clause—

“Purchase of alcohol on behalf of children

(1) In section 149(7)(b) of the Licensing Act 2003, for “level 5 on the standard scale” substitute “£10,000”.

(2) The amendment made by this section applies in relation to offences that are committed on or after the commencement of this section.”

LORD CLEMENT-JONES

VISCOUNT ASTOR

240N

Insert the following new Clause—

“Training orders for persistently selling alcohol to children

After section 147B of the Licensing Act 2003, insert—

“147C Training orders for persistently selling alcohol to children

(1) A relevant officer may give a notice under this section (a “training order”) applying to any premises if—

(a) there is evidence that a person (“the offender”) has committed an offence under section 147A in relation to those premises;

(b) the relevant officer considers that the evidence is such that, if the offender were prosecuted for the offence, there would be a realistic prospect of his being convicted; and

(c) the offender is still, at the time when the notice is given, the holder of a premises licence in respect of those premises, or one of the holders of such a licence.

(2) A training order is a notice which—

(a) proposes a prohibition for a period not exceeding 24 hours on sales of alcohol on the premises in question;

(b) offers the opportunity to discharge all criminal liability in respect of the alleged offence by the acceptance of the prohibition proposed by the notice;

(c) requires re-training of staff on the law on under-age sales to be carried out by a date specified by the licensing authority; and

(d) requires evidence to be submitted to the licensing authority that training has taken place.”.”

Clause 120

LORD CLEMENT-JONES

VISCOUNT ASTOR

240P

Page 79, line 11, leave out “appropriate” and insert “necessary”

240Q

Page 79, line 25, leave out “midnight” and insert “1am”

240R

Page 79, line 28, leave out “, or a temporary event notice is given,”

240S

Page 80, line 22, at end insert—

“(e) the holder of a personal licence in respect of affected premises,”

240T

Page 80, line 29, at end insert “, and

(e) the holder of a personal licence in respect of affected premises”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

240U

Page 81, leave out lines 45 and 46

BARONESS HAMWEE

LORD SHIPLEY

240V

Page 81, line 45, leave out from beginning to end of line 4 on page 82 and insert—

“(1) Regulations may prescribe—

(a) particular kinds of premises in relation to which, if a licensing authority so decides, the effect of the early morning restriction order does not apply (“permitted exemption categories”);

(b) particular days in relation to which, if a licensing authority so decides, the effect of the early morning restriction order does not apply (“permitted exempted days”).

(2) References in subsection (1) to a decision of a licensing authority are to a decision by the licensing authority under section 172A that the category or day in question is to apply in its area.”

LORD CLEMENT-JONES

VISCOUNT ASTOR

240W

Page 81, line 46, at end insert—

“(1A) Prescribed cases or circumstances mentioned in subsection (1) includes New Year’s Eve.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

240X

Page 82, leave out lines 1 to 4 and insert—

“(2) The Secretary of State may make regulations to prescribe—

(a) particular kinds of premises in relation to which the effect of the early morning restriction order does not apply (“permitted exemption categories”), and

(b) particular days in relation to which the effect of the early morning restriction does not apply (“permitted exemption days”),

which a licensing authority may decide is relevant to a particular application and order made under section 172A of this Act.”

VISCOUNT ASTOR

LORD CLEMENT-JONES

The above-named Lords give notice of their intention to oppose the Question that Clause 120 stand part of the Bill.

Clause 121

240Y

[Withdrawn]

BARONESS HAMWEE

LORD SHIPLEY

LORD STEVENSON OF BALMACARA

240Z

Page 82, line 35, leave out from beginning to end of line 2 on page 83

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

240XA

Page 82, line 36, insert “, where this is requested by the fee-payer”.

BARONESS HAMWEE

LORD SHIPLEY

240XB

Page 83, line 9, leave out “21 days” and insert “eight weeks”

240XC

Page 83, leave out lines 32 to 43

240XD

Page 84, line 6, leave out “21 days” and insert “eight weeks”

Clause 122

BARONESS HAMWEE

LORD SHIPLEY

240XE

Page 84, line 15, leave out “prescribing” and insert “regarding”

LORD CLEMENT-JONES

VISCOUNT ASTOR

240XF

Page 84, leave out line 21

BARONESS HAMWEE

LORD SHIPLEY

240XG

Page 84, leave out lines 24 to 26

VISCOUNT ASTOR

LORD CLEMENT-JONES

241

Page 85, leave out line 3

LORD CLEMENT-JONES

VISCOUNT ASTOR

241ZA

Page 85, leave out lines 15 to 17

Clause 125

BARONESS FINLAY OF LLANDAFF

BARONESS HAYTER OF KENTISH TOWN

241A

Page 87, line 44, at end insert—

“( ) The review must also assess the impact of those sections on the incidence of drink driving.

( ) If the review indicates that those sections have contributed to an increase in drink driving, the Secretary of State shall—

(a) make regulations under section 11 of the Road Traffic Act 1988 (interpretation of sections 4 to 10) to lower the prescribed limits of alcohol in breath, blood and urine; and

(b) undertake to make it an offence for drivers who have held licences for two years or less to drive or attempt to drive with any level of alcohol in their breath, blood or urine.”

BARONESS HAYTER OF KENTISH TOWN

241B

Page 87, line 44, at end insert—

“( ) The review must also assess the impact of those sections on the incidence of drink driving.

( ) If the review indicates that those sections have contributed to an increase in drink driving, the Secretary of State shall—

(a) make regulations under section 11 of the Road Traffic Act 1988 (interpretation of sections 4 to 10) to lower the prescribed limits of alcohol in breath, blood and urine; and

(b) undertake to make it an offence for drivers under the age of 21 to drive or attempt to drive with any level of alcohol in their breath, blood or urine.”

LORD CLEMENT-JONES

VISCOUNT ASTOR

241C

Page 88, line 2, leave out “five” and insert “two”

Clause 126

LORD CLEMENT-JONES

VISCOUNT ASTOR

241D

Page 88, line 12, leave out “that” and insert “where”

241E

Page 88, line 21, leave out subsection (4)

Clause 127

LORD CLEMENT-JONES

VISCOUNT ASTOR

241F

Page 88, line 31, leave out “on one” and insert “for 15”

241G

Page 88, line 31, at end insert “, not including New Year’s Eve”

Clause 129

BARONESS HAMWEE

LORD SHIPLEY

241H

Page 89, line 31, leave out paragraph (a)

241J

Page 89, line 42, after “persons” insert “in the area of a licensing authority”

After Clause 129

BARONESS HAMWEE

LORD SHIPLEY

241K

Insert the following new Clause—

“Power for licensing authorities to set levy

(1) Subsection (2) applies where the Secretary of State makes regulations under this Act regarding the amount of any levy.

(2) The Secretary of State may, in making regulations concerning the levy, have regard, in particular, to the costs of any licensing authority to whom the levy is to be payable which are referable to the discharge of the function to which the levy relates.

(3) Regulations made under this section may also specify constraints on the licensing authority’s power to determine the amount of the levy.

(4) Subsection (5) is subject to any constraint imposed under subsection (3).

(5) The licensing authority—

(a) must determine the amount of the levy (and may from time to time determine a revised amount),

(b) may determine different amounts for different classes of case specified in the regulations (but may not otherwise determine different amounts for different cases), and

(c) must publish the amount of the levy as determined from time to time.”

Clause 130

LORD CLEMENT-JONES

VISCOUNT ASTOR

241L

Page 90, line 19, leave out paragraph (c)

241M

Page 90, line 24, at end insert—

“( ) Regulations must make provision that where the licensing authority has introduced an early morning restriction order under section 120 a late night levy may not be applied.”

Clause 132

LORD BRADSHAW

LORD FAULKNER OF WORCESTER

LORD RAMSBOTHAM

241MA

Page 91, line 36, after “body,” insert “including the British Transport Police Authority where appropriate,”

BARONESS HAMWEE

LORD SHIPLEY

241N

Page 91, line 41, leave out “70” and insert “30”

After Clause 132

LORD CLEMENT-JONES

VISCOUNT ASTOR

241P

Insert the following new Clause—

“Accountability of police

(1) The local police force must provide a written report to the local authority at the end of each levy year where a levy is applied to the local authority area.

(2) The report is to be submitted to the local authority within 12 weeks of the end of the levy period.

(3) The report must contain—

(a) details of the amount received through the levy and the amount spent by the police in providing policing in the areas covered by the late-night levy during the hours that it applies; and

(b) details of the impact of the levy on crime and disorder in the area covered by the levy.”

241Q

Insert the following new Clause—

“Accountability of licensing authority

(1) The licensing authority must provide a written report to the local authority at the end of each levy year where a levy is applied to the local authority area.

(2) The report is to be submitted to the local authority within 12 weeks of the end of the levy period.

(3) The report must contain—

(a) details of the amount received through the levy and the amount spent by the licensing authority in providing services in the areas covered by the late-night levy during the hours that it applies; and

(b) details of the impact of the levy on crime and disorder in the area covered by the levy.”

Clause 135

BARONESS HAMWEE

LORD SHIPLEY

241R

Page 93, line 27, leave out subsections (1) to (3)

241S

Page 94, line 15, leave out subsection (5)

Clause 136

LORD CLEMENT-JONES

VISCOUNT ASTOR

241T

Page 94, line 24, at beginning insert “other”

241U

Page 94, line 24, after “authorisations” insert “, not included in section 136,”

241V

Page 94, line 32, at end insert “not included in section 136”

241W

Page 94, line 35, after “prescribe” insert “additional”

LORD CLEMENT-JONES

BARONESS COUSSINS

VISCOUNT ASTOR

241X

Page 94, line 41, at end insert—

“( ) Holders of relevant late night authorisations participating in the following arrangements will pay a reduced levy of 50 per cent—

(a) Best Bar None;

(b) business improvement districts;

(c) Purple Flag;

(d) Pubwatch, Club Watch or ShopWatch;

(e) any other arrangements as may be prescribed by the Secretary of State.”

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 144

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

244ZA

Page 97, line 16, leave out “or authorised officer”

BARONESS MILLER OF CHILTHORNE DOMER

244ZAA

Page 97, line 17, leave out “, or is about to do,”

244ZAB

Page 97, line 20, leave out paragraph (b)

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

244ZB

Page 97, line 22, leave out paragraph (a)

244ZC

Page 97, line 44, leave out subsection (4)

Clause 145

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

244ZD

Page 98, line 34, leave out subsections (4) and (5)

BARONESS MILLER OF CHILTHORNE DOMER

244ZDA

Page 98, line 45, leave out “or varied”

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

244ZE

Page 99, leave out line 2

Clause 148

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

The above-named Lords give notice of their intention to oppose the Question that Clause 148 stand part of the Bill.

Clause 149

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

244ZF

Page 100, line 41, leave out subsection (2)

After Clause 150

LORD BLENCATHRA

244A

Insert the following new Clause—

“Police power of containment

(1) If the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London has cause to believe that the activities of one or more persons in a group of 100 or more persons in Parliament Square or in an area of London within 3 miles of Parliament Square may—

(a) pose a risk to the safety of persons in the area or outside it, or

(b) cause damage to property,

either Commissioner may contain all of the group in Parliament Square or any other area until such time as the Commissioner concludes that the risk to persons and property has diminished to such an extent that it is safe to let people leave the contained area.

(2) It is not necessary for all or a majority of persons in the group of 100 or more to be engaged in the activity or activities that lead the Commissioner to exercise the power in subsection (1).

(3) It is not necessary for violence to persons or damage to property to have occurred for the Commissioner to exercise the power in subsection (1).

(4) Containment under subsection (1) shall not exceed a period of 18 hours from the time that the Commissioner concludes that the containment is necessary.

(5) Preparations made by the Commissioner in anticipation that containment may be necessary shall not be counted in the time limit in subsection (4).

(6) The Commissioner, in deciding that containment is necessary, shall ensure processes are in place to allow persons in the contained group to leave the containment at the Commissioner’s discretion.

(7) The Commissioner shall ensure processes are in place for arresting and charging those within the contained group whom the Commissioner believes have committed a criminal offence.

(8) Containment of persons or a group of persons under subsection (1) shall not be a breach of any human rights enactment.

(9) It shall not be the duty of the Commissioner to provide any amenities or sustenance for persons in the contained group; and failure to provide the same shall not be a breach of any human rights enactment nor give rise to a legal action.

(10) The powers and obligations of the Commissioner of Police of the Metropolis in this section may be exercised by the Deputy Commissioner of Police of the Metropolis, an Assistant Commissioner of Police of the Metropolis or a Commander.

(11) The powers and obligations of the Commissioner of Police for the City of London in this section may be exercised by the Assistant Commissioner of Police for the City of London or by the Commander of Police for the City of London.”

LORD DUBS

244AA*

Insert the following new Clause—

“Guidance issued under this Part

(1) The Secretary of State shall issue guidance on—

(a) prohibited activities under section 144;

(b) directions under section 144(1);

(c) seizure and retention of property under section 146;

(d) authorisations for the operation of amplified noise equipment under section 148.

(2) Guidance issued under subsection (1)(a) shall include—

(a) further details defining the terms—

(i) “structure that is designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping or staying in a place for any period”,

(ii) “sleeping equipment”,

(iii) “the purpose of sleeping or staying in that area”, and

(iv) “the purpose of sleeping overnight”;

(b) guidance about the treatment of amplified noise equipment used by a disabled persons for the purposes of communication.

(3) Guidance issued under subsection (1)(b) shall include provision about—

(a) the circumstances in which a direction under subsection 144(1) may be made;

(b) the form of any direction given under subsection 144(1), in particular—

(i) the circumstances when a direction or the variation of a direction must be in writing;

(ii) the arrangements for the identification of a constable or authorised officer making a direction or variation of a direction;

(iii) the appropriate duration of any direction or variation of a direction; and

(iv) the requirements for notice and communication of a direction or a variation of a direction to the person or persons subject to such a direction.

(4) Guidance issued under subsection (1)(c) shall include provision about—

(a) the circumstances in which the powers under subsection 146(1) shall be exercised, in particular—

(i) the identification and notification of the owner of any relevant prohibited item; and

(ii) the use of force by constables under subsection 146(4).

(5) Guidance issued under subsection (1)(d) shall include provision about—

(a) the criteria for withholding authorisation;

(b) any exemptions from authorisation for equipment used by disabled persons for the purposes of communication;

(c) the conditions which may be imposed by the responsible authority in connection with any authorisation;

(d) the target timetables for the processing of applications for authorisation (including fast-track procedures for priority authorisation);

(e) the form and manner of—

(i) the application for authorisation,

(ii) the notice of authorisation, and

(iii) the notice of variation of any authorisation;

(f) the maximum fee to be paid for determining any application.

(6) Before issuing guidance under this section the Secretary of State must—

(a) publish a draft of the proposed guidance; and

(b) conduct a public consultation on the draft guidance.

(7) In preparing draft guidance, the Secretary of State must, in particular, consult—

(a) the Metropolitan Police Service;

(b) the Greater London Authority;

(c) Westminster City Council; and

(d) the Director of Public Prosecutions.

(8) Guidance issued under this section must be made by statutory instrument in accordance with section 155(3).”

Schedule 17

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

BARONESS FINLAY OF LLANDAFF

244B

Page 227, line 4, at end insert—

“( ) other control powers would be less likely to reduce the overall harmful effects of all available drugs.”

244C

Page 227, line 4, at end insert—

“(7) The impact of a temporary class drug order on usage and effects of a temporary class drug and other drugs must be reviewed by the Advisory Council at the end of one year beginning with the day on which a temporary class drug order came into force.

(8) The impact of the temporary class drug orders must be reviewed by the Secretary of State in consultation with the Advisory Council at the end of three years beginning with the day on which the first temporary class drug order came into force.”

Clause 153

BARONESS FINLAY OF LLANDAFF

244D

Page 102, line 11, leave out paragraph (a)

244E

Page 102, line 11, at end insert—

“( ) for sub-paragraph (1)(a), substitute—

“(a) at least one person appearing to the Secretary of State to belong to each of the groups specified in sub-paragraph (1A) below;”,”

244F

Page 102, line 12, at end insert—

“( ) After sub-paragraph (1), insert—

“(1A) The groups referred to in sub-paragraph (1)(a) above are—

(a) scientists from the natural and physical sciences;

(b) experts from the social and behavioural sciences;

(c) experts with backgrounds in tackling drugs;

(d) people affected by drugs, either directly or through a family member.”.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

244G

Leave out Clause 153 and insert the following new Clause—

“Advisory Council on the Misuse of Drugs

(1) Schedule 1 to the Misuse of Drugs Act 1971 (constitution etc. of the Advisory Council on the Misuse of Drugs) is amended as follows.

(2) For paragraph 1(2) substitute—

“(2) The Advisory Council on the Misuse of Drugs must have as members at least one person from each of the following groups—

(a) scientists from the natural and physical sciences;

(b) experts from the social and behavioural sciences;

(c) experts with backgrounds in tackling drugs; and

(d) people who have been affected either directly or indirectly by drug use.”.”

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”

BARONESS D’SOUZA

LORD LESTER OF HERNE HILL

245A

Page 102, leave out line 20 and insert “unless the Director of Public Prosecutions has been given prior notice that an information has been laid.

(4AA) The Director of Public Prosecutions may submit to the Court advice concerning the issuing of a warrant or summons and shall be allowed to appear before the Court in respect of this.”

LORD MACDONALD OF RIVER GLAVEN

LORD THOMAS OF GRESFORD

BARONESS TONGE

245AA

Page 102, line 20, at end insert—

“(4AA) The Director of Public Prosecutions shall grant his consent if—

(a) the evidence establishes a realistic prospect of conviction, and the prosecution would be in the public interest, or

(b) the evidence raises a reasonable suspicion that an offence has been committed and that the suspect committed it, and the Director of Public Prosecutions is satisfied that there are reasonable grounds for believing that a continuing investigation will provide further evidence, within a reasonable period of time, so that all the evidence taken together is capable of establishing a realistic prospect of conviction.

(4AB) In the case of consent granted under subsection (4AA)(b) above, the Director of Public Prosecutions shall keep that case under review, so that if evidence establishing a realistic prospect of conviction is not available within a reasonable period, the Director of Public Prosecutions shall take over and discontinue the case.”

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 Commissions 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)).”