Crime and Courts Bill [HL]

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
OF THE WHOLE HOUSE

The amendments have been marshalled in accordance with the Instruction of 12th June 2012, as follows—

Clause 1
Schedule 1
Clauses 2 to 4
Schedule 2
Clause 5
Schedule 3
Clauses 6 to 8
Schedule 4
Clause 9
Schedule 5
Clauses 10 and 11
Schedule 6
Clause 12
Schedule 7
Clauses 13 to 15
Schedule 8
Clauses 16 and 17
Schedules 9 to 11
Clause 18
Schedule 12
Clause 19
Schedule 13
Clauses 20 to 22
Clauses 24 to 26
Schedule 14
Clause 27
Schedule 15
Clause 23
Clause 28
Schedule 16
Clauses 29 to 31

[Amendments marked * are new or have been altered]

Clause 1

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

1*

Page 1, line 6, leave out from first “the” to end of line 7 and insert “strategic direction and control of a board to be known as the NCA Board.

( ) There shall be a Director General, who is to be one of the NCA officers, and shall be responsible for the exercise of the NCA’s operational and administrative functions.

( ) Schedule (The NCA Board) has effect.”

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

2*

Page 2, line 25, leave out subsection (10)

3*

Page 2, line 35, at end insert “in conjunction with other appropriate persons”

Before Schedule 1

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

4*

Insert the following new Schedule—

“SCHEDULE The NCA Board Membership

1 (1) The NCA Board shall consist of—

(a) a chairman,

(b) such number of ex-officio members as the NCA Board may from time to time determine, and

(c) such number of other members (“ordinary members”) as the Secretary of State may so determine, but must include—

(i) such a person who is considered to represent the views of Police and Crime Commissioners;

(ii) such a person who is considered to represent the views of chief officers of England and Wales police forces;

(iii) such a person who is considered to represent the views of the Police Service of Scotland; and

(iv) such a person who is considered to represent the views of the Police Service of Northern Ireland.

(2) The following limits apply for the purposes of sub-paragraph (1)—

(a) the number of ex-officio members determined under sub-paragraph (1)(b) must not at any time exceed such number as may for the time being be specified by the Secretary of State,

(b) the number of ordinary members determined under sub-paragraph (1)(c) must not at any time be less than the number of ex-officio members for the time being determined under sub-paragraph (1)(b), and

(c) the total of the numbers determined under sub-paragraph (1)(b) and (c) must not at any time be less than four.

(3) The chairman and the ordinary members are to be appointed by the Secretary of State.

(4) Before appointing a person to hold office as chairman, the Secretary of State must consult the Scottish Ministers and the Department of Justice in Northern Ireland.

(5) For the purposes of this Schedule, the “ex-officio members” are—

(a) the Director General of the NCA, and

(b) such other employees of the NCA as may for the time being be appointed by the Director General after consulting the chairman.

Tenure of office: chairman and ordinary members

2 The chairman and the ordinary members shall hold and vacate office as such in accordance with the terms of their respective appointments.

This is subject to paragraphs 3 and 4.

3 (1) An appointment of a person to hold office as chairman or ordinary member shall be for a term not exceeding five years.

(2) A person holding office as chairman or ordinary member may at any time resign that office by giving notice in writing to the Secretary of State.

4 The Secretary of State may by notice in writing remove a person from office as chairman or ordinary member if satisfied that—

(a) he has without reasonable excuse failed, for a continuous period of three months, to carry out his functions as chairman or ordinary member;

(b) he has without reasonable excuse been absent from three consecutive meetings of the NCA;

(c) he has been convicted (whether before or after his appointment) of a criminal offence;

(d) he is an undischarged bankrupt or his estate has been sequestrated and he has not been discharged;

(e) he is the subject of a bankruptcy restrictions order or an interim order under Schedule 4A to the Insolvency Act 1986 (c. 45) or an order to the like effect made under any corresponding enactment in force in Scotland or Northern Ireland;

(f) he has made a composition or arrangement with, or granted a trust deed for, his creditors;

(g) he has failed to comply with the terms of their appointment; or

(h) he is otherwise unable or unfit to carry out his functions as chairman or ordinary member.

5 A person who ceases to be the chairman or an ordinary member is eligible for re-appointment, except where he is removed from office under paragraph 4.

Remuneration, pensions etc of chairman and ordinary members

6 (1) The NCA shall pay to the chairman and each of the ordinary members such remuneration and allowances as may be determined by the Secretary of State.

(2) The NCA shall, if required to do so by the Secretary of State—

(a) pay such pension, allowances or gratuities as may be determined by the Secretary of State to or in respect of a person who is or has been the chairman or an ordinary member, or

(b) make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.

(3) If the Secretary of State determines that there are special circumstances which make it right for a person ceasing to hold office as chairman or ordinary member to receive compensation, the NCA shall pay to that person a sum by way of compensation of such amount as may be determined by the Secretary of State.

Termination of office of ex-officio members

7 (1) The Director General ceases to be an ex-officio member of the NCA Board on ceasing to be Director General.

(2) Any other ex-officio member of the NCA Board ceases to be such a member—

(a) on ceasing to be an employee of the NCA, or

(b) if the Director General by notice in writing revokes their appointment as ex-officio member.

(3) Before revoking an appointment under sub-paragraph (2)(b), the Director General must consult the chairman of the NCA.

(4) An ex-officio member other than the Director General may at any time resign their office as ex-officio member by giving notice in writing to the Director General.”

Schedule 1

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

5*

Page 33, line 7, at end insert—

“NCA Supervisory Board

2 (1) The NCA shall be subject to the supervision of a board chaired by the Secretary of State and of not fewer than seven and not more than ten other members appointed by her including one minister of the Crown and not fewer than three non-executive members.

(2) The board shall provide strategic and corporate leadership and advice to the NCA and shall in particular have a duty to ensure that the NCA operates in accordance with principles of good governance.”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

6*

Page 33, line 8, at end insert—

“(1) It is the duty of the Secretary of State to ensure that the NCA is provided with sufficient resources to enable its functions to be discharged effectively and efficiently.”

7*

Page 33, line 26, leave out sub-paragraph (1)

8*

Page 34, line 21, at end insert—

“( ) the relevant Departmental Select Committee of Parliament,”

9*

Page 34, line 21, at end insert—

“( ) the Chairman of the NCA Board,”

10*

Page 34, line 32, at beginning insert “The Director General is to be employed by the NCA Board and”

11*

Page 35, line 8, at end insert—

“( ) the Chairman of the NCA Board,”

12*

Page 35, line 18, at end insert “; and

(d) consider any written representations made by the NCA Board in response to the written explanation given under this section.”

13*

Page 35, line 18, at end insert—

“( ) The Secretary of State must send a copy of the explanation mentioned in sub-paragraph (4)(a) to the chairman of the NCA.”

LORD HENLEY

14

Page 36, line 23, at end insert “or constable in the Police Service of Northern Ireland Reserve”

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

15*

Page 36, line 26, at end insert “and for National Crime Agency officers to be seconded to a UK police force”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

16*

Page 36, line 30, leave out paragraph 14

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

17*

Page 37, line 2, leave out “of salary”

LORD HENLEY

18

Page 37, line 32, at end insert “or a member of the Police Service of Northern Ireland Reserve”

19

Page 37, line 35, at end insert “or as a member of the Police Service of Northern Ireland Reserve”

Clause 2

LORD ALDERDICE

BARONESS HAMWEE

20*

Page 3, line 3, at end insert—

“(1A) If the order proposed by the Secretary of State would confer an NCA counter-terrorism function which applies to Northern Ireland, the Secretary of State must, before laying the order, consult and have due regard to the views of the First and Deputy First Ministers of Northern Ireland and the Minister for Justice of Northern Ireland.

(1B) Subsection (1A) does not limit Schedule 16.”

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

21*

Page 3, line 11, at end insert “for the purposes of counter-terrorism functions”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

LORD PANNICK

 

The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.

Clause 3

BARONESS DOOCEY

22*

Page 3, line 18, at end insert “which in any event shall include child trafficking”

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

23*

Page 3, line 24, at end insert—

“(3) Upon a determination under this section, and any variation of the determination, the Secretary of State shall lay a report before Parliament setting them out.”

Clause 4

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

24*

Page 4, line 17, leave out from second “the” to end of line 21 and insert “NCA Board”

25*

Page 4, line 24, leave out subsection (10)

After Clause 4

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

26

Insert the following new Clause—

“NCA and freedom of information

In Part V of Schedule 1 to the Freedom of Information Act 2000, at the appropriate place insert—

“The National Crime Agency established under the Crime and Courts Act 2012.””

Schedule 2

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

27*

Page 38, line 12, at end insert—

“( ) The framework document shall include—

(a) a protocol regarding the conduct of relationships between the NCA and each of the persons referred to in section 5; and

(b) a protocol regarding the conduct of relationships between the NCA and each of the persons referred to in Schedule 3.”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

28*

Page 38, line 16, after “must” insert “by order”

29*

Page 38, line 21, at end insert—

“( ) An order made under this paragraph is subject to a resolution of each House of Parliament.”

30*

Page 38, line 30, leave out paragraph (b)

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

31*

Page 38, line 33, at end insert—

“Consultation on framework document

The Secretary of State must, in preparing any framework document (including the protocols provided by paragraph 1), consult the persons referred to in section 5 and the persons referred to in Schedule 3 or their representatives and such other persons as she considers appropriate.”

32*

Page 39, line 8, leave out from “published” to end of line 9

33*

Page 39, line 31, leave out from “published” to “, and” in line 32

Clause 5

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

34*

Page 4, line 30, at end insert—

“( ) Before making a request under subsection (1) the Director General must consult the Police and Crime Commissioner responsible for the totality of policing in that area.”

35*

Page 4, line 39, at end insert—

“( ) Before making a request under subsection (3) a chief of a UK police force must notify the Police and Crime Commissioner responsible for the totality of policing in their area.”

36*

Page 5, line 19, leave out subsection (9)

Schedule 3

LORD HENLEY

37

Page 41, line 1, leave out from “force” to end of line 2

38

Page 41, line 14, leave out from “force” to end of line 15

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

39*

Page 43, leave out lines 5 to 14

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

40*

Page 48, line 10, after Schedule insert “or Part 1 of Schedule 1”

41*

Page 48, line 14, after “agreement,” insert “an amount provided by any protocol in effect agreed by or on behalf of the relevant persons, or in the absence of a protocol,”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

42*

Page 48, line 15, leave out “Secretary of State” and insert “advisory panel on payments”

43*

Page 48, line 16, leave out sub-paragraphs (2) to (4)

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

44*

Page 48, line 33, at end insert—

“Advisory panel on payments

30 The Secretary of State must appoint an independent advisory panel on payments to determine the appropriate amount to be paid under section 29(1)(b).

Clause 7

LORD HENLEY

45

Page 6, line 11, at end insert—

“(4A) Subsection (4) authorises an NCA officer to disclose information for the purpose of the exercise of—

(a) the functions of the Lord Advocate under Part 3 of the Proceeds of Crime Act 2002 (“PCA 2002”), or

(b) the functions of the Scottish Ministers under, or in relation to, Part 5 of PCA 2002,

only where the information has been obtained by the NCA in connection with the exercise of a function under PCA 2002 (other than a function under Part 6 of that Act).

(4B) Where information has been obtained by the NCA in connection with the exercise of a function under Part 6 of PCA 2002 (revenue functions), subsection (4) does not authorise an NCA officer to disclose the information.

(4C) But an NCA officer may disclose the information if the disclosure is—

(a) to the Commissioners for Her Majesty’s Revenue and Customs,

(b) to the Lord Advocate for the purposes of the exercise by the Lord Advocate of the Lord Advocate’s functions under Part 3 of PCA 2002 (confiscation: Scotland),

(c) to any person for purposes relating to civil proceedings (whether or not in the United Kingdom) which relate to a matter in respect of which the NCA has functions, or

(d) to any person for the purposes of compliance with an order of a court or tribunal (whether or not in the United Kingdom).”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill.

Clause 8

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

46*

Page 6, line 37, at end insert—

“( ) The command of the NCA with main responsibility for discharging functions listed under subsections (1) and (2) shall be the Child Exploitation and Online Protection Centre (CEOP).

( ) CEOP shall be accountable to the NCA Board but shall operate independently of the direction of the Board.

( ) Any funds delegated by the NCA to CEOP shall be reserved for that purpose.”

Clause 9

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

47*

Page 7, line 9, leave out “Secretary of State” and insert “NCA Board”

48*

Page 7, line 19, leave out “Secretary of State” and insert “NCA Board”

49*

Page 7, line 20, leave out “Secretary of State” and insert “NCA Board”

50*

Page 7, line 24, leave out “Secretary of State” and insert “NCA Board”

Schedule 5

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

51*

Page 54, line 31, leave out paragraph 5

LORD HENLEY

52

Page 55, line 23, at end insert “or a member of the Police Service of Northern Ireland Reserve”

53

Page 55, line 26, at end insert “or as a member of the Police Service of Northern Ireland Reserve”

Clause 11

BARONESS DOOCEY

BARONESS HAMWEE

54*

Page 8, line 18, leave out “also”

55*

Page 8, line 18, after “NCA” insert “at its discretion or”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

56*

Page 8, line 32, at end insert—

“( ) In the Police Reform Act 2002, leave out section 10(1)(g) and insert—

“( ) to carry out functions in relation to the National Crime Agency which correspond to those conferred on the Commission in relation to police forces by paragraph (2) of this subsection”.”

57*

Page 8, line 35, leave out “may” and insert “must”

58*

Page 8, line 39, leave out “may” and insert “must”

Clause 12

LORD HENLEY

59

Page 10, line 15, after “officer” insert “, and any power of an NCA officer to disclose information,”

Schedule 7

LORD HENLEY

60

Page 69, line 16, leave out “Commissioners” and insert “Secretary of State”

61

Page 70, line 37, leave out paragraph 6

62

Page 71, line 34, leave out paragraph (a)

63

Page 72, line 26, at end insert—

“Part 4A Published information: no restrictions on further disclosure

9A (1) This paragraph applies where an NCA officer discloses information, in accordance with this Part of this Act, by—

(a) the inclusion of the information in an annual plan, framework document or annual report, or

(b) the publication of the information in accordance with arrangements made under section 6.

(2) None of the relevant restrictions applies to the further disclosure of that information by any person.

(3) In this paragraph “relevant restriction” means any provision of this Part of this Act (however expressed) which prohibits or otherwise restricts the further disclosure of information disclosed by an NCA officer (including a provision which limits the purposes for which such information may be further disclosed or which requires a person’s consent to be obtained before the further disclosure).”

Clause 15

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

64*

Page 11, line 25, leave out subsection (2)

Schedule 8

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

65*

Page 88, line 37, leave out paragraphs 89 and 90

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

66*

Page 88, line 39, at end insert—

“(2) After subsection (3) insert—

“(3A) In subsection (3)(n) “the National Crime Agency” includes only those functions that were subject to an exemption under this section prior to 1st April 2012.””

Clause 16

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

67*

Page 14, line 23, leave out “local policing bodies” and insert “Police and Crime Commissioners”

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

68*

Page 14, line 29, at end insert—

“(i) the Security Service;

(j) the Secret Intelligence Service;

(k) GCHQ as defined in section 7;”

Clause 18

LORD LLOYD OF BERWICK

69*

Page 16, leave out lines 24 to 27

LORD GOODHART

 

Lord Goodhart gives notice of his intention to oppose the Question that Clause 18 stand part of the Bill.

Schedule 12

LORD LLOYD OF BERWICK

70*

Page 167, line 25, leave out paragraphs 2 and 3

LORD PANNICK

BARONESS PRASHAR

LORD WOOLF

BARONESS JAY OF PADDINGTON

71

Page 168, leave out line 42

72

Page 168, leave out line 45

LORD LLOYD OF BERWICK

73*

Page 172, line 30, leave out paragraphs 9 to 13

LORD PANNICK

BARONESS PRASHAR

LORD WOOLF

BARONESS JAY OF PADDINGTON

74

Page 172, line 41, at end insert—

“In section 64(1) (encouragement of diversity) after “under this Part,” insert “and the Lord Chancellor and the Lord Chief Justice in performing their functions,”.”

75

Page 194, leave out line 31

76

Page 194, leave out line 34

LORD GOODHART

 

Lord Goodhart gives notice of his intention to oppose the Question that Schedule 12 be the Twelfth Schedule to the Bill.

Clause 20

LORD TOUHIG

77

Page 17, line 23, at end insert—

“( ) In fixing such an amount, and subsequent additions, account must be taken of the person’s relevant weekly income, excluding housing benefit and child benefit, and allowance must be made for the protection of a reasonable financial subsistence level, in the manner used to determine the initial fine.”

After Clause 22

LORD LESTER OF HERNE HILL

LORD PANNICK

78

Insert the following new Clause—

“Scandalising the judiciary

Abolition of offence of scandalising the judiciary

The offence of scandalising the judiciary under the common law of England and Wales and the common law of Northern Ireland is abolished.”

Prepared 15th June 2012