Protection of Freedoms Bill

AMENDMENTS
TO BE MOVED
ON REPORT

Clause 1

LORD CAMPBELL-SAVOURS

 

Page 2, line 17, at end insert—

“(c) if the person from whom the DNA sample or fingerprint was taken has requested the destruction of section 63D material after the appropriate period.”

Clause 3

LORD HENLEY

 

Page 5, line 26, leave out from “adult”” to end of line 27 and insert “means a person aged 18 or over whose ability to protect himself or herself from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise,”

Clause 14

LORD HENLEY

 

Page 10, line 36, at end insert—

“(5A) The responsible chief officer of police may apply to a District Judge (Magistrates’ Courts) for an order to retain a sample to which this section applies beyond the date on which the sample would otherwise be required to be destroyed by virtue of subsection (4) or (5) if—

(a) the sample was taken from a person in connection with the investigation of a qualifying offence, and

(b) the responsible chief officer of police considers that the condition in subsection (5B) is met.

(5B) The condition is that, having regard to the nature and complexity of other material that is evidence in relation to the offence, the sample is likely to be needed in any proceedings for the offence for the purposes of—

(a) disclosure to, or use by, a defendant, or

(b) responding to any challenge by a defendant in respect of the admissibility of material that is evidence on which the prosecution proposes to rely.

(5C) An application under subsection (5A) must be made before the date on which the sample would otherwise be required to be destroyed by virtue of subsection (4) or (5).

(5D) If, on an application made by the responsible chief officer of police under subsection (5A), the District Judge (Magistrates’ Courts) is satisfied that the condition in subsection (5B) is met, the District Judge may make an order under this subsection which—

(a) allows the sample to be retained for a period of 12 months beginning with the date on which the sample would otherwise be required to be destroyed by virtue of subsection (4) or (5), and

(b) may be renewed (on one or more occasions) for a further period of not more than 12 months from the end of the period when the order would otherwise cease to have effect.

(5E) An application for an order under subsection (5D) (other than an application for renewal)—

(a) may be made without notice of the application having been given to the person from whom the sample was taken, and

(b) may be heard and determined in private in the absence of that person.

(5F) A sample retained by virtue of an order under subsection (5D) must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken.

(5G) A sample that ceases to be retained by virtue of an order under subsection (5D) must be destroyed.”

Clause 17

LORD HENLEY

 

Page 12, line 20, at end insert—

“(2A) Sections 63D to 63T do not apply to material to which paragraph 8 of Schedule 4 to the International Criminal Court Act 2001 (requirement to destroy material) applies.

(2B) Sections 63D to 63T do not apply to material to which paragraph 6 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (requirement to destroy material) applies.”

Clause 18

LORD HENLEY

 

Page 13, line 2, leave out from “to” to “63R” in line 4 and insert “material to which section 63D or”

 

Page 13, line 6, leave out “or derived”

Clause 21

LORD HENLEY

 

Page 16, line 31, leave out subsection (6)

Clause 24

LORD CAMPBELL-SAVOURS

 

Page 18, line 14, at end insert—

“(10) The Secretary of State may by regulation introduce a statutory framework for the establishment of a Voluntary National DNA database.

(11) The National DNA Database Strategy Board shall, within a period of 12 months of commencement, report to the Secretary of State with recommendations on the establishment of a Voluntary National DNA database.

(12) The report on the establishment of a Voluntary National DNA database shall include the following—

(a) advice on options for the funding (both public and private) of the DNA database;

(b) advice on proposals for the charging of individuals for the taking and retention of sample DNA;

(c) advice on the security arrangements governing the retention of DNA samples;

(d) advice on the categorising of donors from whom DNA samples have been taken and from which a DNA profile has been derived;

(e) advice on the arrangements for the transfer of donor identification between categories;

(f) advice on requests for removal of individual DNA profiles from the database;

(g) advice on access by a responsible police officer to DNA profile information on the database; and

(h) advice as to which statutory organisation and in what circumstances access to DNA profile information shall be given.”

Clause 26

LORD HENLEY

 

Page 19, line 22, leave out “Subsection (2)” and insert “This section”

 

Page 19, line 26, at end insert—

“(1A) Before the first processing of a child’s biometric information on or after the coming into force of subsection (2), the relevant authority must notify each parent of the child—

(a) of its intention to process the child’s biometric information, and

(b) that the parent may object at any time to the processing of the information.”

 

Page 19, leave out lines 29 to 33 and insert—

“(a) at least one parent of the child consents to the information being processed, and

(b) no parent of the child has withdrawn his or her consent, or otherwise objected, to the information being processed.

(3) Section 27 makes further provision about the requirement to notify parents and the obtaining and withdrawal of consent (including when notification and consent are not required).”

Clause 27

LORD HENLEY

 

Page 20, line 4, leave out from “section” to “if” and insert “26(1A) and (2), the relevant authority is not required to notify a parent, or obtain the consent of a parent,”

 

Page 20, line 8, leave out “to give consent” and insert “to object or (as the case may be) consent to the processing of the child’s biometric information”

 

Page 20, line 10, after “to” insert “notify the parent or (as the case may be)”

 

Page 20, line 11, at end insert—

“(1A) A notification under section 26(1A) must be given in writing, and any objection to the processing of a child’s biometric information must be made in writing.”

Clause 28

LORD HENLEY

 

Page 21, line 25, leave out “the consent of no parent is required” and insert “it is not required to notify any parent, or obtain the consent of any parent”

Clause 31

LORD HENLEY

 

Page 24, line 14, after second “the” insert “alteration or”

Clause 33

LORD LUCAS

 

Page 24, line 36, leave out “evidence in any such” and insert “criminal or civil”

Clause 44

LORD HENLEY

 

Page 35, line 24, after “41” insert “which neither amends nor repeals any provision of primary legislation”

 

Page 35, line 25, leave out from “Wales” to end of line 27 and insert—

“(8) In subsection (7) “primary legislation” means—

(a) a public general Act, and

(b) a Measure or Act of the National Assembly for Wales.”

Clause 49

LORD HENLEY

 

Page 38, line 31, after second “the” insert “alteration or”

Schedule 3

LORD HENLEY

 

Page 127, line 22, after second “the” insert “alteration or”

Schedule 4

LORD HENLEY

 

Page 138, line 45, at end insert—

“( ) In sub-paragraph (5)(d) the reference to arrangements for the resolution of disputes or complaints includes—

(a) any procedures offered by the creditor for dealing informally with representations by the hirer about the notice or any matter contained in it; and

(b) any arrangements under which disputes or complaints (however described) may be referred by the hirer to independent adjudication or arbitration.”

Prepared 26th January 2012