Amendments proposed to the Anti-terrorism Crime and Security Bill - continued House of Commons

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Abolition of common law offence of blasphemy
   

Mr Frank Dobson
Lynne Jones
Jeremy Corbyn
Ms Diane Abbott
Alice Mahon
John Cryer

NC1

To move the following Clause:—

    '1.   The following common law offences are hereby abolished:

    (a)   blasphemy and blasphemous libel;

    (b)   any distinct offence of disturbing a religious service or religious devotions;

    (c)   any religious offence of striking a person in a church or churchyard.

    2.   The following provisions are hereby repealed:

    (a)   in section 1 of the Criminal Libel Act 1819, the words and blasphemous libel, or";

    (b)   in sections 3 and 4 of the Law of Libel Amendment Act 1888 the words blasphemous or".

    3.   This provision shall not extend to Scotland or Northern Ireland.'.


Annual review

   

Mr Chris Mullin
Mr David Cameron
Bob Russell
Mr Tony Lloyd

NC2

To move the following Clause:—

    '28A.—(1)   The appropriate Minister shall appoint an independent Commissioner for the purpose of this section.

    (2)   The Commissioner must review the operation of sections 21 to 23 before the end of the period—

    (a)   of 15 months beginning with the day on which this Act is passed;

    (b)   specified by an order made under section 28(2)(b) and (c), beginning with the date on which that order first came into force; and

    (c)   specified by an order made under section 28(4), but only if it has been approved by resolution of each House of Parliament.

    (3)   The Commissioner conducting a review under this section must prepare a report on the result of the review and lay a copy of it before each House of Parliament.

    (4)   In this section the Commissioner" means the Commissioner appointed under subsection (1).'.


Ministry of Defence Police to be subject to Police Complaints Authority

   

Mr Chris Mullin
Mr Jim Cousins
Simon Hughes
Norman Baker

NC3

To move the following Clause:—

    '(98A)   Part IV of the Police Act 1996 (complaints, disciplinary proceedings etc) shall apply in relation to a member of the Ministry of Defence police as it does to any member of a police force, but only in relation to the jurisdiction conferred by section 2(3A) to (3C) of the Ministry of Defence Act 1987 (c.4).'.


Consultation

   

Mr Oliver Letwin
Mr Dominic Grieve
Mr Humfrey Malins

NC4

To move the following Clause:—

       'Part 5 of this Act shall not have effect until the Secretary of State has conducted a consultation exercise on its proposals with the following bodies, and placed a copy of their responses in the Library of the House of Commons—

    (a)   The Law Society

    (b)   The Bar Association

    (c)   The Justices' Clerks

    (d)   The Districts Judges (Magistrates' Courts)

    (e)   The Lay Magistracy, and

    (f)   The Crown Court Judges.'.


Consent for prosecution under sections 106 or 107

   

Mr Oliver Letwin
Mr Dominic Grieve
Mr Humfrey Malins
Mr James Paice

NC5

To move the following Clause:—

    '.—(1)   No prosecution for an offence under sections 106 or 107 shall be instituted except by or with the consent of the Attorney General.

    (2)   The Secretary of State shall lay before both Houses of Parliament at least once every twelve months a report on any prosecutions arising under section 106 or 107.'.


Consultation (No. 2.)

   

Simon Hughes
Norman Baker
Mr John Burnett
Bob Russell
Annette Brooke

NC10

To move the following Clause:—

    '( )   Part 5 of this Act shall not come into force until the Secretary of State has undertaken a review including consultation with the following bodies and representatives, and other bodies which he judges will be affected by the provisions, and he has published the conclusions of that review—

    (a)   representatives of recognised faith groups;

    (b)   representatives of the police;

    (c)   representatives of lawyers, judges and the lay magistracy;

    (d)   the Commission for Racial Equality.'.


Protection of the public through the application of a Code of Practice to specified disclosures

   

Mr Harry Cohen

NC11

To move the following Clause:—

    '(1)   In this Part a specified disclosure" means a disclosure of personal data, made under the provisions of this Part, where the disclosure is for a purpose—

    (a)   described in section 29(1)(c) of the Data Protection Act 1998 and where that disclosure relates to a tax, duty, levy or other imposition, contribution or charge payable to a government department whose value to be assessed or collected is lower than the significant amount"; or

    (b)   described in section 29(1)(a) or by section 29(1)(b) of the Data Protection Act 1998 and where that disclosure relates to an offence which attracts a custodial sentence of less than the specified time".

    (2)   A disclosure is also a specified disclosure if there is a further disclosure of personal data made by any person to whom the personal data were originally disclosed where that further disclosure—

    (a)   is for a purpose described in section 29(1)(c) of the Data Protection Act 1998 and where that disclosure relates to a tax, duty, levy or other imposition, contribution or charge payable to a government department whose value to be assessed or collected is lower than the significant amount";

    (b)   is for a purpose described in section 29(1)(a) or by section 29(1)(b) of the Data Protection Act 1998 and where that disclosure relates to an offence which does not attract a custodial sentence of less than the specified time"; or

    (c)   is a disclosure which is subject to section 35(1) of the Data Protection Act 1998.

    (3)   A specified disclosure is unlawful unless the person making the disclosure has regard to the terms of a code of practice.

    (4)   The Secretary of State may by order vary the specified time" or the monetary value of the significant amount", and the significant amount may vary in relation to different taxes, levies, charges, contributions or other impositions of a similar nature.

    (5)   Subject to an order made by the Secretary of State, the specified time is six months and the value of the significant amount is £50,000.

    (6)   This section comes into effect six months after this Act comes into effect.

    (7)   A statutory instrument containing an order under this section shall be laid before Parliament after being made'.


Codes of Practice which apply to specified disclosures

   

Mr Harry Cohen

NC 12

To move the following Clause:—

    '(1)   The Secretary of State shall issue one or more codes of practice relating to specified disclosures.

    (2)   Before issuing a code of practice under subsection (1), the Secretary of State shall—

    (a)   prepare and publish a draft of that code;

    (b)   consult the Information Commissioner as to the content of any code; and

    (c)   consider any representations made to him about the draft;

    and the Secretary of State may incorporate in the code finally issued any modifications made by him to the draft after its publication.

    (3)   The Secretary of State shall, before laying before both Houses of Parliament every draft code of practice prepared and published by him under this section.

    (4)   A code of practice issued by the Secretary of State under this section shall not be brought into force except in accordance with an order made by the Secretary of State.

    (5)   An order under subsection (5) may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the bringing into force of the code brought into force by that order.

    (6)   The Secretary of State may from time to time—

    (a)   revise the whole or any part of a code issued under this section; and

    (b)   issue the revised code.

    (7)   Subsections (2) to (5) shall apply (with appropriate modifications) in relation to the issue of any revised code under this section as they apply in relation to the first issue of such a code.

    (8)   Any code of practice or draft code of practice shall carry a foreword from the Information Commissioner as to its content.

    (9)   A code of practice shall contain—

    (a)   appropriate measures to ensure the transparency of the processing of personal data to the public;

    (b)   guidance concerning the application of the data protection principles (found in Schedule 1 to the Data Protection Act 1998) to the processing of personal data; and

    (c)   procedures concerning whether any specified disclosure is proportionate in terms of Article 8 of the Human Rights Act 1998 (found in Schedule I to that Act).

    (10)   The Secretary of State shall not make an order containing provision for any of the purposes of this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

    (11)   In this section Information Commissioner" means the Commissoner established by the Data Protection Act 1998.'.


Effect of codes of practice which apply to specified disclosures
   

Mr Harry Cohen

NC13

To move the following Clause:—

    '(1)   A person exercising or performing any power or duty in relation to which provision may be made by a code of practice under section (protection of the public through the application of a code of practice to specified disclosures) shall, in doing so, have regard to the provisions (so far as they are applicable) of every code of practice for the time being in force under that section.

    (2)   A failure on the part of any person to comply with any provision of a code of practice for the time being in force under section (protection of the public through the application of a code of practice to specified disclosures) shall not of itself render him liable to any criminal or civil proceedings.

    (3)   A code of practice in force at any time under section (protection of the public through the application of a code of practice to specified disclosures) shall be admissible in evidence in any criminal or civil proceedings.

    (4)   If any provision of a code of practice issued or revised under section (protection of the public through the application of a code of practice to specified disclosures) appears to the Information Commissioner to be relevant to any question arising in the proceedings, or in connection with the exercise of that jurisdiction or the carrying out of those functions, in relation to a time when it was in force, that provision of the code shall be taken into account in determining that question.

    (5)   In this section Information Commissioner" means the Commissioner established by the Data Protection Act 1998.'.


ORDER OF THE HOUSE (21ST NOVEMBER)

   

Mr Robin Cook
Mr Secretary Blunkett
       That, in accordance with the resolution of the Programming Committee of 20th November and pursuant to the Programme Order of 19th November (Proceedings in Committee of the whole House, on consideration and on Third Reading of the Anti-terrorism, Crime and Security Bill)—

    (1)   proceedings in Committee of the whole House shall, so far as not previously concluded, be brought to a conclusion at eleven o'clock on the second allotted day;

    (2)   those proceedings shall be taken on each of the allotted days as shown in the second column of the following Table and shall be taken in the order so shown, and shall be brought to a conclusion (so far as not previously concluded) at the times specified in the third column of the Table.

table

Allotted dayProceedingsTime for conclusion of proceedings
First dayNew Clauses relating to the duration of the Act and reports to Parliament, Clause 123, Clause 1, Schedule 1, Clauses 2 and 3, Schedule 2, Clauses 4 to 6, Schedule 3, Clauses 7 to 17, Schedule 4, Clauses 18 to 206.00 p.m.
Clauses 21 to 358.30 p.m.
Clauses 106 to 11910.00 p.m.
Second dayClauses 36 to 426.30 p.m.
Clauses 43 to 58, Schedule 5, Clauses 59 to 70, Schedule 6, Clauses 71 to 878.00 p.m.
Clauses 88 to 100, Schedule 7, Clauses 101 to 105, Clauses 120 and 121, Schedule 8, Clause 122, Clauses 124 and 125, Remaining New Clauses, New Schedules11.00 p.m.


 
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Prepared 26 Nov 2001