Session 2010 - 12
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Protection of Freedoms Bill

marshalled list of motions and amendments to be moved on

consideration of commons REASON and AMENDMENTs

[The page and line references are to HL Bill 99, the bill as first printed for the Lords.]

MOTION A

LORDS AMENDMENTS 16, 17 AND 18

Clause 40

16

Page 33, line 33, at end insert—

 

“(3)    

A further safeguard shall be that, unless explicitly provided for in the

 

statute providing for the power of entry, all powers of entry shall be

 

exercised by agreement with the premises occupier or by warrant.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 16, 17 and 18 for the Reason set out at

 

18A

17

Page 33, line 33, at end insert—

 

“(4)    

A further safeguard shall be that, notwithstanding the statute providing for

 

the power of entry, a power of entry may only be used without warrant, or

 

without agreement with the occupier of the premises to be entered, in cases

 

where the authority using the power can demonstrate that the aim of the

 

use of the power would be frustrated if a warrant or agreement were

 

sought.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 16, 17 and 18 for the Reason set out at

 

18A

 
 
HL Bill 134—I55/1

 
 

2

18

Page 33, line 33, at end insert—

 

“(5)    

The safeguards set out in subsections (3) and (4) above shall not apply in

 

any case where the authority exercising the power of entry is—

 

(a)    

a Trading Standards Officer acting under any legislation which

 

permits the Officer to exercise such a power;

 

(b)    

a Constable or a member of the Security Service acting under any

 

legislation which permits such a person to exercise such a power; or

 

(c)    

doing so in pursuance of the protection of a child or a vulnerable

 

adult.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 16, 17 and 18 for the following

 

Reason—

18A

Because the Commons consider that the imposition of general restrictions of this nature on

 

the exercise of powers of entry could undermine actions to protect public safety.

 

A

 

Lord Henley to move, That this House do not insist on its Amendments 16, 17

 

and 18, to which the Commons have disagreed for their Reason 18A.

 

A1

 

Lord Marlesford to move, as an amendment to Motion A, at end insert “but

 

do propose Amendment 16B as an amendment in lieu”

16B

Page 33, line 33, at end insert—

 

“(3)    

Further safeguards shall be that—

 

(a)    

unless explicitly provided for in the statute providing for the power

 

of entry, all powers of entry shall be exercised by agreement with

 

the premises occupier or by warrant; and

 

(b)    

that, notwithstanding the statute providing for the power of entry,

 

a power of entry may only be used without warrant, or without

 

agreement with the occupier of the premises to be entered—

 

(i)    

in cases where the authority using the power can

 

demonstrate that the aim of the use of the power would be

 

frustrated if a warrant was sought; or

 

(ii)    

by persons specified in regulations made by the Secretary of

 

State when acting under any legislation which permits such

 

a person to exercise such a power.

 

(4)    

The persons specified in regulations made under subsection (3)(b) may

 

include, but need not be limited to, any one or more of the following—

 

(a)    

a constable;

 

(b)    

a member of the Security Service;

 

(c)    

an officer of the Serious Organised Crime Agency;

 

(d)    

a Trading Standards Officer; and

 

(e)    

any person acting in pursuance of the protection of a child or a

 

vulnerable adult.

 

(5)    

Regulations made under subsection (3)(b)(ii) shall be subject to approval by

 

resolution of both Houses of Parliament.”

 
 

 
 

3

 
 

MOTION B

 

LORDS AMENDMENT 51

Before Clause 107

51

Insert the following new Clause—

 

“Stalking

 

Offences in relation to stalking

 

(1)    

After section 2 of the Protection from Harassment Act 1997 (offence of

 

harassment) insert—

 

“2A    

Offence of stalking

 

(1)    

A person is guilty of an offence if—

 

(a)    

the person pursues a course of conduct in breach of section

 

1(1), and

 

(b)    

the course of conduct amounts to stalking.

 

(2)    

For the purposes of subsection (1)(b) (and section 4A(1)(a)) a

 

person’s course of conduct amounts to stalking of another person

 

if—

 

(a)    

it amounts to harassment of that person,

 

(b)    

the acts or omissions involved are ones associated with

 

stalking, and

 

(c)    

the person whose course of conduct it is knows or ought to

 

know that the course of conduct amounts to harassment of

 

the other person.

 

(3)    

The following are examples of acts or omissions which, in

 

particular circumstances, are ones associated with stalking—

 

(a)    

following a person,

 

(b)    

contacting, or attempting to contact, a person by any means,

 

(c)    

publishing any statement or other material—

 

(i)    

relating or purporting to relate to a person, or

 

(ii)    

purporting to originate from a person,

 

(d)    

monitoring the use by a person of the internet, email or any

 

other form of electronic communication,

 

(e)    

loitering in any place (whether public or private),

 

(f)    

interfering with any property in the possession of a person,

 

(g)    

watching or spying on a person.

 

(4)    

A person guilty of an offence under this section is liable on

 

summary conviction to imprisonment for a term not exceeding 51

 

weeks, or a fine not exceeding level 5 on the standard scale, or both.

 

(5)    

In relation to an offence committed before the commencement of

 

section 281(5) of the Criminal Justice Act 2003, the reference in

 

subsection (4) to 51 weeks is to be read as a reference to six months.

 

(6)    

This section is without prejudice to the generality of section 2.”

 
 

 
 

4

 
 

(2)    

After section 4 of that Act (putting people in fear of violence) insert—

 

“4A    

Stalking involving fear of violence

 

(1)    

A person (“A”) whose course of conduct—

 

(a)    

amounts to stalking, and

 

(b)    

causes another (“B”) to fear, on at least two occasions, that

 

violence will be used against B,

 

(2)    

is guilty of an offence if A knows or ought to know that A’s course

 

of conduct will cause B so to fear on each of those occasions.

 

(3)    

For the purposes of this section A ought to know that A’s course of

 

conduct will cause B to fear that violence will be used against B on

 

any occasion if a reasonable person in possession of the same

 

information would think the course of conduct would cause B so to

 

fear on that occasion.

 

(4)    

It is a defence for A to show that—

 

(a)    

A’s course of conduct was pursued for the purpose of

 

preventing or detecting crime,

 

(b)    

A’s course of conduct was pursued under any enactment or

 

rule of law or to comply with any condition or requirement

 

imposed by any person under any enactment, or

 

(c)    

the pursuit of A’s course of conduct was reasonable for the

 

protection of A or another or for the protection of A’s or

 

another’s property.

 

(5)    

A person guilty of an offence under this section is liable—

 

(a)    

on conviction on indictment, to imprisonment for a term not

 

exceeding five years, or a fine, or both, or

 

(b)    

on summary conviction, to imprisonment for a term not

 

exceeding twelve months, or a fine not exceeding the

 

statutory maximum, or both.

 

(6)    

In relation to an offence committed before the commencement of

 

section 154(1) of the Criminal Justice Act 2003, the reference in

 

subsection (4)(b) to twelve months is to be read as a reference to six

 

months.

 

(7)    

If on the trial on indictment of a person charged with an offence

 

under this section the jury find the person not guilty of the offence

 

charged, they may find the person guilty of an offence under

 

section 2 or 2A.

 

(8)    

The Crown Court has the same powers and duties in relation to a

 

person who is by virtue of subsection (6) convicted before it of an

 

offence under section 2 or 2A as a magistrates’ court would have on

 

convicting the person of the offence.

 

(9)    

This section is without prejudice to the generality of section 4.””

 

COMMONS AGREEMENT WITH AMENDMENTS

 

The Commons agree to this Amendment with the following Amendments—

 
 

 
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Revised 24 April 2012