Protection of Freedoms Bill

24: Schedule 1, page 109, line 19, after ““sections”” insert ““22,”” 25: Schedule 1, page 109, line 21, after ““Articles”” insert ““24,”” 26: Schedule 1, page 109, line 26, at end insert— ““(f) paragraphs 5 to 14 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011.”” 27: Schedule 1, page 109, line 31, at end insert ““, but this is subject to subsection (5)”” 28: Schedule 1, page 109, line 44, at end insert— ““(4) Section 18 material which is not a DNA sample may be retained indefinitely if— (a) it is held by the law enforcement authority in a form which does not include information which identifies the person to whom the material relates, and (b) the law enforcement authority does not know, and has never known, the identity of the person to whom the material relates. (5) In a case where section 18 material is being retained by a law enforcement authority under subsection (4), if— (a) the law enforcement authority comes to know the identity of the person to whom the material relates, and (b) the material relates to a person who has no previous convictions or only one exempt conviction, the material may be retained by the law enforcement authority until the end of the retention period specified in subsection (6). (6) The retention period is the period of 3 years beginning with the date on which the identity of the person to whom the material relates comes to be known by the law enforcement authority.”” 29: Schedule 1, page 114, line 44, leave out from beginning to end of line 29 on page 115 30: Schedule 1, page 116, line 10, leave out ““or”” 31: Schedule 1, page 116, line 11, at end insert— ““(c) for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or (d) for purposes related to the identification of a deceased person or of the person to whom the material relates.”” 32: Schedule 1, page 116, line 14, leave out sub-paragraph (6) and insert— ““(6) In this paragraph— (a) the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person, (b) the reference to crime includes a reference to any conduct which— (i) constitutes one or more criminal offences (whether under the law of Northern Ireland or of any country or territory outside Northern Ireland), or (ii) is, or corresponds to, any conduct which, if it all took place in Northern Ireland, would constitute one or more criminal offences, and (c) the references to an investigation and to a prosecution include references, respectively, to any investigation outside Northern Ireland of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside Northern Ireland.”” 33: Schedule 1, page 116, line 21, at end insert— ““““offence””, in relation to any country or territory outside Northern Ireland, includes an act punishable under the law of that country or territory, however it is described.”” 34: Schedule 1, page 117, line 5, leave out ““deals with a transferred matter and,”” 35: Schedule 1, page 117, line 7, at end insert ““and would deal with a transferred matter without being ancillary to other provision (whether in the Act or previously enacted) which deals with an excepted or reserved matter”” 36: Schedule 1, page 117, line 22, at end insert— ““““excepted or reserved matter”” have the meanings given by section 4(1) of the Northern Ireland Act 1998,”” 37: Schedule 1, page 117, line 24, leave out from ““Ireland,”” to end of line 25 and insert ““and (b) is not prohibited by sub-paragraph (5)(a),”” Amendments 24 to 37 agreed. Schedule 1, as amended, agreed. Clause 20 : Appointment and functions of Commissioner Clause 20 : Appointment and functions of Commissioner Amendment 38 not moved. Clause 20 agreed. Clause 21 : Reports by Commissioner Amendment 39 Clause 21 : Reports by Commissioner Amendment 39 Moved by