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Mr. Mitchell: In view of the time, it may be convenient for the Committee if I merely make it clear that Her Majesty's official Opposition support the amendment.
Caroline Flint: We will have to resist the amendment. It would deny trade union membership and other employment rights which are currently unavailable to police constables, but which, as the Bill currently stands, are available to SOCA staff designated the powers of a constable under clause 38. We are firmly of the view that SOCA staff should not be police constables and should instead have powers of a constable designated to them by the director general.
The amendment naturally follows others that the hon. Member for Somerton and Frome has tabled against which we have strongly and convincingly argued. If the amendment is seen in isolation it would create a separate cadre of staff in SOCA, which would be split in two: on the one side would be members of staff with police powers who would, under the amendment, have the same status as constables in trade union and other employment law, and on the other side would be other staff of SOCA, perhaps with one or both of the powers of a customs or immigrations officer, but with entirely different sets of trade union employment rights. I hope that even the hon. Gentleman recognises that cleaving SOCA in two is hardly the best way to create a harmonised and integrated work force. Seconded police officers will still be subject to the bar on trade union membership, because obviously they are not full employees of the organisation. I hope that, in light of that explanation, the hon. Gentleman will withdraw his amendment.
Mr. Heath: I bridled a bit at the ''even the hon. Gentleman'', but apart from that, I will consider what the Minister has to say, and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 48 ordered to stand part of the Bill.
Clauses 49 and 50 ordered to stand part of the Bill.
Schedule 2 agreed to.
Clauses 51 and 52 ordered to stand part of the Bill.
Schedule 3 agreed to.
Clause 53 ordered to stand part of the Bill.
Schedule 4 agreed to.
New clause 1
Liability of special police forces
and law enforcement agencies
for unlawful conduct of SOCA staff
'(1) The relevant authority is liable in respect of unlawful conduct of persons to whom this section applies in the carrying out, or the purported carrying out, of their functions as such persons in the same manner as an employer is liable in respect of any unlawful conduct of his employees in the course of their employment.
(2) In the case of any such unlawful conduct of persons to whom this section applies which is a tort, the relevant authority is accordingly to be treated as a joint tortfeasor.
This subsection does not apply to Scotland.
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(3) In so far as a relevant authority does not already have power to do so it may, in such cases and to such extent as appear to it to be appropriate, pay—
(a) any damages or costs awarded against a person to whom this section applies in proceedings for any unlawful conduct of that person,
(b) any costs (or, in Scotland, expenses) incurred and not recovered by such a person in such proceedings, and
(c) any sum required in connection with the settlement of a claim that has, or might have, given rise to such proceedings.
(4) This section applies to a member of the staff of SOCA who under section 24, 25 or [Directed arrangements: Scotland] is provided for the assistance of—
(a) a special police force, or
(b) a law enforcement agency operating in the United Kingdom.
''law enforcement agency'' has the meaning given by section 3(4) (subject to the territorial restriction contained in subsection (4)(b) above), and
(a) in relation to a member of the staff of SOCA provided for the assistance of the Ministry of Defence Police, means the Secretary of State,
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(b) in relation to a member of the staff of SOCA provided for the assistance of the British Transport Police Force, means the British Transport Police Authority,
(c) in relation to a member of the staff of SOCA provided for the assistance of the Civil Nuclear Constabulary, means the Civil Nuclear Police Authority,
(d) in relation to a member of the staff of SOCA provided for the assistance of the Scottish Drug Enforcement Agency, means that Agency,
(e) in relation to a member of the staff of SOCA provided for the assistance of the Commissioners, means those Commissioners,
(f) in relation to a member of the staff of SOCA provided for the assistance of the Scottish Administration, means the Scottish Ministers, and
(g) in relation to a member of the staff of SOCA provided for the assistance of any other law enforcement agency, means such person as is prescribed in relation to that agency by regulations made by the Secretary of State.'.—[Caroline Flint.]
Brought up, read the First and Second time, and added to the Bill.
Further consideration adjourned.—[Mr. Heppell.]
Adjourned accordingly at Seven o'clock till Thursday 13 January at ten minutes past Nine o'clock.
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