Although I warmly welcome the Minister’s arrival at the Dispatch Box, I cannot welcome her words this afternoon. She has failed completely to meet the issues that have been raised. She suggested that asking judges to consider the question of forum is in some way wrong. Judges deal with abuse of process applications frequently. It is perfectly within their competence to do so. I find incomprehensible her misunderstanding of the issues concerning the United States, our friend and ally. If we want to maintain friendship and alliance, reciprocity is the basis.
It being Six o’clock, mr. deputy speaker put forthwith the Question already proposed from the Chair, pursuant to Order [6 March].
Question put, That the clause be read a Second time:—
Amendment made: No. 43, in page 30, line 20, leave out ‘a summary conviction for' —[Mr. Byrne.]
Amendments made: No. 44, in page 35, line 36, after ‘Secretary of State,' insert—
No. 45, in page 36, line 21, at end insert—"‘( ) A statutory instrument containing an order under paragraph 48 of Schedule 1 made by the Scottish Ministers may not be made unless a draft has been laid before, and approved by a resolution of, the Scottish Parliament.'. —[Mr. Byrne.]"
Amendments made: No. 46, in page 37, line 30, after ‘paragraphs 9(3)(a)' insert ‘, 15A, 15B'.
No. 47, in page 37, line 32, after ‘paragraphs' insert ‘27A, 29A,'. —[Mr. Byrne.]
Amendment made: No. 48, in page 39, line 23, at end insert—"‘( ) Section (Supply of information to police etc by Registrar General) extends also to Northern Ireland.'. —[Mr. Byrne.]"
Amendments made: No. 49, in page 53, line 12, leave out"‘by a scheme under section 19 of'"
and insert"‘under an amalgamation scheme under'."
No. 50, in page 56, line 21, leave out ‘Secretary of State' and insert"‘appropriate authority (see sub-paragraph (3A))'."
No. 51, in page 57, line 3, at end insert—"‘(3A) Power of the appropriate authority under sub-paragraph (1)—""(3B) The provision falling within this sub-paragraph is provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.""(3C) Power of the Scottish Ministers under sub-paragraph (1) is exercisable only with the consent of the Secretary of State.""(3D) Power of the Secretary of State under sub-paragraph (1)(a), (b) and (c), so far as it is power to make provision falling within sub-paragraph (3E), is exercisable only with the consent of the Scottish Ministers.""(3E) The provision falling within this sub-paragraph is provision—""(3F) Power of the Secretary of State under sub-paragraph (1)(d), so far as it is power to impose obligations on any of the persons mentioned in paragraph 4(2), is exercisable only with the consent of the Scottish Ministers.'."
No. 52, in page 57, line 12, at end insert—"‘(4A) Before making an order under sub-paragraph (1), the Scottish Ministers must consult—""(4B) Before deciding whether to give consent for the purposes of sub-paragraph (3D) or (3F), the Scottish Ministers must consult—""(4C) A body is within this sub-paragraph if it is—"
No. 53, in page 57, line 21, after ‘including' insert"‘, without prejudice to the generality of section 20(2) of the Interpretation Act 1978 (c.30),'."
No. 119, in page 61, line 18, at end insert—"(2) In subsection (2) (offence under subsection (1) of causing disaffection etc amongst members of police forces applies also in relation to certain other police personnel), after paragraph (a) there is inserted—""(3) After subsection (2) there is inserted—""““(3) Liability under subsection (1) for any behaviour in relation to members of the staff of the National Policing Improvement Agency is in addition to any civil liability for that behaviour.””.'."
No. 120, in page 63, line 2, leave out"‘In section 29(3)(c) of the Police Reform Act 2002'"
and insert—"the National Policing Improvement Agency;””.""(2) In subsection (1) (general functions), after paragraph (g) there is inserted ““; and""(3) In subsection (3) (functions conferred by other provisions), after paragraph (ba) there is inserted—""(4) In subsection (7)(c) (Commission may impose charges for making recommendations, and giving advice, for purposes of subsection (1)(g)), after ““subsection (1)(g)”” there is inserted ““or (h)””.""(2) In subsection (6) (persons to whom Independent Police Complaints Commission must send copies of its annual reports), after paragraph (d) there is inserted ““; and""(3) After subsection (9) there is inserted—""““(9A) Where a report under subsection (3) relates to the National Policing Improvement Agency, the Commission shall send a copy of that report to the Agency.””""(4) In subsection (10) (persons to whom reports under subsection (4) must be sent), after paragraph (g) there is inserted ““; and""(2) After subsection (1A) there is inserted—""““(1B) It shall be the duty of the National Policing Improvement Agency to ensure that it is kept informed, in relation to the Agency, about all matters falling within subsection (2).””""(3) For the second sentence of subsection (8) (meaning of ““third force”” in subsection (8)) there is substituted—""““(8A) Where the person who requires assistance and co-operation under subsection (5) is a member of the staff of the National Policing Improvement Agency—""may be required to give that assistance and co-operation only with the approval of the chief executive of the National Policing Improvement Agency.""(8B) In subsections (8) and (8A) ““third force””, in relation to an investigation, means any police force other than the force to which the person whose conduct is under investigation belonged at the time of the conduct.””""(4) In subsection (9) (approval that is needed before Director General of Serious Organised Crime Agency can be required to give assistance etc under subsection (5)), for the words after paragraph (b) there is substituted—""““the Agency may be required to give assistance and co-operation under subsection (5) only with the approval of the relevant directing officer.””""(5) After subsection (9) there is inserted—""““(10) In subsection (9) ““the relevant directing officer””—""(1) Where a police authority or chief officer requires the NPIA and its chief executive to provide a member of the NPIA's staff who is a constable for appointment under paragraph 16, 17 or 18 of Schedule 3, it shall be the duty of the NPIA and its chief executive to comply with the requirement.""(2) It shall be the duty of the NPIA and its chief executive to ensure that a person appointed under paragraph 16, 17 or 18 of Schedule 3 to carry out an investigation is given all such assistance and co-operation in the carrying-out of that investigation as that person may reasonably require.""(3) It shall be the duty of the NPIA and its chief executive to provide the Commission and every member of the Commission's staff with all such assistance as the Commission or that member of staff may reasonably require for the purposes of, or in connection with, the carrying-out of any investigation by the Commission under this Part.""(4) Where the person who requires assistance and co-operation under subsection (2) is a person serving with the police, the NPIA and its chief executive may be required to give that assistance and co-operation only with the approval of the chief officer of the force to which that person belongs.""(5) Where the person who requires assistance and co-operation under subsection (2) is a member of the staff of the Serious Organised Crime Agency, the NPIA and its chief executive may be required to give that assistance and co-operation only with the approval of the Director General of the Serious Organised Crime Agency.""(6) Subsection (7) applies where the NPIA and its chief executive comply with a requirement under subsection (1) or (2) that is made in connection with—""(7) The police authority maintaining the police force mentioned in subsection (6)(a) or (b) shall pay to the NPIA such contribution (if any) towards the costs of compliance with the requirement—""(8) Where the NPIA and its chief executive comply with a requirement under subsection (3), the Commission shall pay to the NPIA such contribution (if any) towards the costs of compliance with the requirement—""(9) In this section ““the NPIA”” means the National Policing Improvement Agency.””""““(6) In this section—""(1) The Commission and the National Policing Improvement Agency must enter into an agreement for the establishment in relation to members of the Agency's staff of procedures corresponding or similar to those provided for by or under this Part.""(2) An agreement under this section—""(3) An agreement under this section may contain provision for enabling the Commission to bring and conduct, or otherwise participate or intervene in, any proceedings which are identified by the agreement as disciplinary hearings in relation to members of the Agency's staff.""(4) An agreement under this section must not confer any function on the Commission in relation to so much of any complaint or conduct matter as relates to the direction and control of the Agency by the Agency's chief executive or by other members of the Agency.""(5) Procedures established in accordance with an agreement under this section shall have no effect in relation to anything done outside England and Wales by any member of the Agency's staff.””"
No. 121, in page 63, line 4, at end insert—"(2) In paragraph 16(3) (investigations by the appropriate authority on its own behalf: appointment of person to conduct investigation), after paragraph (b) there is inserted ““or""(3) In paragraph 17(2) (investigations supervised by the Independent Police Complaints Commission: appointment of person to conduct investigation), after paragraph (b) there is inserted ““or""(4) In paragraph 17(4) (power of Commission to require different person to be selected to conduct investigation), for ““or (b)”” there is substituted ““, (b) or (c)””.'.—[Mr Byrne.]"
Amendments made: No. 54, in page 66, line 22, at end insert—
No. 55, in page 66, line 32, leave out ‘vice-chairman' and insert ‘one or more vice-chairmen'.
No. 56, in page 66, line 35, leave out"‘the chairman and vice-chairman are'"
and insert"‘a chairman or vice-chairman is'."
No. 57, in page 66, line 38, leave out ‘the chairman and' and insert ‘a chairman or'.
No. 58, in page 66, line 48, leave out second ‘the' and insert ‘a'.
No. 59, in page 68, line 36, at end insert—
No. 60, in page 68, line 46, leave out ‘vice-chairman' and insert ‘one or more vice-chairmen'.
No. 61, in page 69, line 1, leave out"‘the chairman and vice-chairman are'"
and insert"‘a chairman or vice-chairman is'."
No. 62, in page 69, line 4, leave out ‘the chairman and' and insert ‘a chairman or'.
No. 63, in page 69, line 14, leave out second ‘the' and insert ‘a'.
No. 64, in page 72, line 30, at end insert—"(6) In subsection (1) (police forces to have a deputy chief constable), for ““a deputy chief constable”” there is substituted ““one or more deputy chief constables””.""(7) For subsection (2) there is substituted—""““(2) The appointment of a person to be a deputy chief constable of a police force shall be made, in accordance with regulations under section 50, by the police authority responsible for maintaining that force.""(2A) Where the police authority responsible for maintaining a police force—""it may do so only after consultation with the chief constable and subject to the approval of the Secretary of State.””""(2) In subsection (1), for ““A deputy chief constable”” there is substituted ““The appropriate deputy chief constable””.""(3) After that subsection there is inserted—""““(1A) The appropriate deputy chief constable for the purposes of subsection (1) is—""(1B) The chief constable of a police force that has more than one deputy chief constable shall, after consulting the police authority responsible for maintaining the force, designate the deputy chief constables in order of seniority for the purposes of subsection (1A)(b).""(1C) During any absence, incapacity or suspension from duty of the person who—""the person designated as the next most senior deputy chief constable shall be treated as the most senior one for those purposes.””""(4) For subsection (2) there is substituted—""““(2) The chief constable of a police force shall, after consulting the police authority responsible for maintaining the force, designate a person holding the rank of assistant chief constable in that force to exercise or perform any or all of the powers or duties of the chief constable during any period when—""or""(5) In subsection (5), for ““subsections (1) and (2)”” there is substituted ““subsections (1) to (2)””.'.—[Mr. Byrne.]"
Amendment proposed: No. 82, in page 73, line 18, at end insert—"(1) Before making an order under section 32 the Secretary of State shall by order cause a referendum to be held in every area affected about the proposed alteration in police areas.""(2) The Secretary of State shall make an order under subsection (1)—""(3) The question to be asked in a referendum to be held in pursuance of an order under subsection (1) above shall be agreed by—""and specified in the order.""(4) The Secretary of State shall, in consultation with—""ensure that an order made under subsection (1) above makes such provision as is necessary to secure the proper conduct of a referendum.""(5) No order shall be made under subsection (1) above unless a draft of the order has been laid before and approved by resolution of each House of Parliament.""(6) The Secretary of State shall not exercise his power to make an order under section 32 unless a majority of votes cast in a referendum held under this section in each of the existing areas affected supports the proposed alteration.”” '.—[Nick Herbert.]"
Question put, That the amendment be made:—
Amendment proposed: No. 14, in page 74, line 11, leave out paragraphs 24 to 26.—[Lynne Featherstone.]
Question put, That the amendment be made:—
Amendment made: No. 65, in page 91, line 27, leave out lines 27 and 28 and insert—
Amendments made: No. 66, in page 133, line 6, leave out paragraph 15.
No. 67, in page 133, line 29, at end insert—
No. 68, in page 134, leave out from line 25 to line 11 on page 135.
No. 69, in page 137, line 23, at end insert—"““(12A) Section 243 of the Criminal Justice Act 2003 (persons extradited to the United Kingdom) applies in relation to a person sentenced to a detention and training order as it applies in relation to a fixed-term prisoner, with the reference in subsection (2) of that section to section 240 being read as a reference to subsection (8) above.””""(2) In subsection (1), after ““imposed”” there is inserted ““or he received that sentence””.""(3) After subsection (3) there is inserted—""““(3A) This section applies in relation to a person sentenced to a detention and training order as it applies in relation to a short-term or long-term prisoner, and as it so applies—"
No. 70, in page 137, leave out lines 25 to 29.
No. 71, in page 137, leave out from line 33 to line 6 on page 138.—[Mr. Byrne.]
Amendments made: No. 81, in page 139, line 35, at end insert—"(2) In subsection (1), for ““released on bail under section 37(7)(a)”” there is substituted ““dealt with under section 37(7)(a)””.""(3) In subsection (4), for ““shall give written notice”” there is substituted ““shall give notice””.""(4) After that subsection there is inserted—""““(4A) Notice under subsection (4) above shall be in writing, but in the case of a person kept in police detention under section 37(7)(a) above it may be given orally in the first instance and confirmed in writing subsequently.””""(5) In subsection (8), for paragraph (a) there is substituted—"
No. 72, in page 144, line 2, at end insert—
No. 73, in page 144, line 13, at end insert—
No. 74, in page 144, line 14, at end insert—
No. 123, in page 149, line 25, at end insert—
Amendments made: No. 122, in page 151, line 14, column 2, at beginning insert—
|
‘In section 10(1), the word ““and”” preceding paragraph (g). |
|
In section 11—(a) in subsection (6), the word ““and”” preceding paragraph (d);(b) in subsection (10), the word ““and”” preceding paragraph (g).'. |
No. 75, in page 151, line 27, at end insert—
| ‘Local Government Act 1972 (c.70) |
Section 107(6).'. |
No. 76, in page 152, line 10, at end insert—
No. 77, in page 152, line 38, at end insert—
| ‘Crime and Disorder Act 1998 (c.37) |
In section 114(2), ““, 6A(1)””.'. |
No. 78, in page 155, leave out lines 30 to 35.
No. 79, in page 155, leave out line 42.—[Mr. Byrne.]
Amendment made: No. 80, in title, line 4, after ‘others;' insert"‘to make provision about the supply to the police and others of information contained in registers of death;'.—[Mr. Byrne.]"