My Lords, as the noble Baroness, Lady Hamwee, explained, this group of amendments responds to two issues raised by the Delegated Powers and Regulatory Reform Committee in its report on the Bill in respect of provisions in Clause 29 and Schedule 8, which provide for the creation of a new police barred list and a police advisory list to be held by the College of Policing.
The first issue raised by the Delegated Powers Committee related to the regulation-making power in Clause 29(6), which enables provision to be made which corresponds or is similar to that made by new Part 4A of the Police Act 1996 and which relates to a person who is or has been employed or appointed by a quasi-policing body. As the committee pointed out, certain aspects of the operation of the police barred and advisory lists will be determined by regulations made under new Part 4A of the 1996 Act and it will most likely be necessary, when exercising the power in Clause 29(6), also to make provision corresponding or similar to that contained in such regulations.
I am grateful to the Delegated Powers Committee for highlighting this gap in the regulation-making power in Clause 29(6), which Amendment 147 will address. The amendment will enable regulations made under Clause 29(6) to make provision that corresponds or is similar to that made by or under new Part 4A of the 1996 Act.
6 pm
The second issue raised by the Delegated Powers Committee related to the level of parliamentary scrutiny attached to any regulations made under new Section 88C(5)(e) of the 1996 Act. Regulations made under this provision may specify other persons, such as the head of a quasi-policing body, who are to be made subject to the duties to consult the police barred list and not to employ or appoint barred persons. The Delegated Powers Committee argued that as the employment prospects of a person included in the police barred list or police advisory list could be fundamentally affected by the exercise of the regulation-making power, it should be subject to the affirmative procedure, rather than the negative procedure as the Bill currently provides. Amendment 148, to which my noble friend Lady Williams has added her name, gives effect to the committee’s recommendation.
The regulations made under Clause 26(6) will relate to other policing organisations such as the MoD Police or National Crime Agency, therefore such regulations will be similar but not identical.
I trust that the noble Baroness, Lady Hamwee, is satisfied that Amendments 147 and 148 fully address the two issues raised by the Delegated Powers Committee in relation to the police barred and advisory lists and that she will be content to support these in lieu of Amendment 146.