Police and Justice Bill


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Clause 40

Orders and regulations

Hazel Blears: I beg to move amendment No. 92, in clause 40, page 33, line 31, after ‘instrument’ insert

    ‘containing an order or regulations’.

The amendment is a minor, drafting amendment that seeks to add clarity to the clause and puts beyond doubt that the statutory instrument to which subsection (4) refers contains orders or regulations.

Amendment agreed to.

Clause 40, as amended, ordered to stand part of the Bill.

Clause 41 ordered to stand part of the Bill.

Clause 42

Power to make consequential and transitional provision etc

Hazel Blears: I beg to move amendment No. 93, in clause 42, page 34, line 35, at end insert

    ‘or any Act of the Scottish Parliament’.


 
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The amendment is a minor technical amendment to ensure that Scottish Ministers have appropriate powers to make orders, and to make any necessary consequential and transitional provisions to give full effect to the Bill.

Amendment agreed to.

Clause 42, as amended, ordered to stand part of the Bill.

Clause 43 ordered to stand part of the Bill.

Schedule 13

Minor and consequential amendments

Hazel Blears: I beg to move amendment No. 94, in schedule 13, page 123, line 25, at end insert—

    ‘Superannuation Act 1972 (c. 11)

    (1)   In Schedule 1 to the Superannuation Act 1972 (employments etc to which section 1 can apply), at the appropriate place in the list of “Offices” there is inserted—

    “The office of inspector or assistant inspector of constabulary, where held by a person to whom paragraphs (a) and (b) of section 11(7) of the Police Pensions Act 1976 apply (inspectors etc not eligible for police pensions).”

    (2)   The amendment made by sub-paragraph (1) shall be deemed always to have had effect.

    Police Pensions Act 1976 (c. 35)

    (1)   In section 11 of the Police Pensions Act 1976 (interpretation), after subsection (6) there is inserted—

    “(7)   References in this Act to an inspector or assistant inspector of constabulary, and to service as such, do not have effect in relation to cases in which the person in question—

      (a)   was appointed on or after 1st January 1999, and

      (b)   did not serve as a member of a police force at any time before his appointment took effect.”

    (2)   The amendment made by sub-paragraph (1) shall be deemed always to have had effect.’.

This is again a technical amendment to regularise the pension status of members of Her Majesty’s inspectorate of constabulary who are from non-police backgrounds. It will confirm them as members of the principal civil service pension scheme. There are now a number of members of the inspectorate who are from non-police backgrounds. That adds to the variety and diversity of inspectors and brings new skills and analysis to the important work of our professional experts in that sector. We want to make sure that their pension provision is safeguarded.

Amendment agreed to.

Hazel Blears: I beg to move amendment No. 149, in schedule 13, page 127, line 34, at end insert—

    ‘In this subsection “act” includes a series of acts.’”.

The amendment takes us back to the computer misuse provisions. It makes it clear that acts of attack on computers will include a series of acts. There has been some legal difficulty about the interpretation. For example, if somebody consents to receive one e-mail, that is one matter, but to be bombarded by a series of hundreds of thousands of similar e-mails can dramatically disrupt the operation of a computer. There was a recent case known as the Wimbledon youth case in which an abuser repeatedly sent an e-mail message to a particular address at a specific site—
 
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it has been called a case of mail bombing. People were inundated with the e-mails. The amendment makes it clear that a series of acts as well as a single act can be included in the offence. That is a helpful clarification of the legal position.

Amendment agreed to.

Amendments made: No. 95, in schedule 13, page 128, line 31, leave out ‘section 21A’ and insert—

    ‘section (Local authority scrutiny of crime and disorder matters) of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters)’.

No. 96, in schedule 13, page 128, line 32, leave out from ‘after’ to end and insert—

    ‘“Schedule 1” there is inserted “and to section (Guidance and regulations regarding crime and disorder matters)(6) of the Police and Justice Act 2006”’.—[Hazel Blears.]

Schedule 13, as amended, agreed to.

Schedule 14

Repeals

Amendments made: No. 3, in schedule 14, page 136, line 3, after ‘paragraphs’ insert ‘77(5),’.

No. 97, in schedule 14, page 139, line 8, at end insert—

    ‘Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))In Schedule 6, paragraph 144.’.

    No. 98, in schedule 14, page 139, line 18, at end insert—

    ‘Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (S.I.1988/1847 (N.I.17))In Schedule 2, paragraph 1(2).’.

    No. 99, in schedule 14, page 139, line 19, leave out ‘paragraph 37(4)’ and insert

    ‘paragraphs 37(4) and 38(3) and (4)’.

No. 100, in schedule 14, page 139, line 30, after ‘paragraph 10(2)(b)’ insert ‘and (c)’.

No. 101, in schedule 14, page 139, line 31, at end insert—

    ‘Justice (Northern Ireland) Act 2002 (c.26)In Schedule 4, paragraph 3(2)(a).’.
    [Hazel Blears.]

    Schedule 14, as amended, agreed to.

Clause 44

Commencement

Amendments made: No. 102, in clause 44, page 35, line 5, leave out ‘(7)’ and insert ‘(7B)’.

No. 103, in clause 44, page 36, leave out lines 4 and 5 and insert—

      ‘(a)   sections (Local authority scrutiny of crime and disorder matters) and (Guidance and regulations regarding crime and disorder matters) and Schedule (Further provision about crime and disorder committees of certain local authorities);

      (b)   paragraph 27 of Schedule 13 (and section 43 so far as relating to that paragraph);’.


 
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No. 104, in clause 44, page 36, line 16, at end insert—

    ‘(7A)   The following provisions—

      (a)   so far as relating to the granting of injunctions on the application of a relevant Welsh landlord—

      (i)   section 19,

      (ii)   paragraph 24 of Schedule 13,

      (iii)   in Part 3 of Schedule 14, the repeal of section 13(4)(b) of the Anti-social Behaviour Act 2003 (c.38), and

      (iv)   section 43 so far as relating to that paragraph and that repeal,

      (b)   so far as relating to any tenancy where the landlord is a relevant Welsh landlord—

      (i)   paragraphs 7, 8 and 22 of Schedule 13, and

      (ii)   section 43 so far as relating to those paragraphs, and

      (c)   so far as relating to a relevant Welsh landlord—

      (i)   paragraph 25 of Schedule 13, and

      (ii)   section 43 so far as relating to that paragraph,

    come into force in accordance with provision made by order by the National Assembly for Wales.

    (7B)   For the purposes of subsection (7A), each of the following is a “relevant Welsh landlord”

      (a)   a Welsh county council or county borough council;

      (b)   a registered social landlord on the register maintained by the National Assembly for Wales;

      (c)   a housing action trust for an area in Wales.’.—[Hazel Blears.]

Clause 44, as amended, ordered to stand part of the Bill.

Clause 45

Extent

Amendments made: No. 105, in clause 45, page 36, line 22, leave out first ‘and’ and insert ‘to’.

No. 106, in clause 45, page 36, line 30, at end insert—

    ‘(   )   Section (Forfeiture of indecent photographs of children: Northern Ireland) and Schedule (Schedule to be inserted into the Protection of Children (Northern Ireland) Order 1978) extend to Northern Ireland only.’.—[Hazel Blears.]

Clause 45, as amended, ordered to stand part of the Bill.

Clause 46 ordered to stand part of the Bill.

Title

Amendment made: No. 160, in title, line 6, after ‘Custody;’ insert—

    ‘to amend Part 12 of the Criminal Justice Act 2003;’.—[Hazel Blears.]

Question proposed, That the Chairman do report the Bill, as amended, to the House.

Hazel Blears: I thank all members of the Committee for the generally very good-tempered proceedings that we have enjoyed today and in our previous sittings. I particularly thank you, Mr. Pope, and Mr. Conway for the excellent way in which you have presided over our proceedings. We have all benefited from your clear direction and your assistance in ensuring that we have made expeditious progress. We had one or two moments when there were unusual declarations of interest that were challenging for all of us, and we are grateful for your guidance.


 
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I also thank all of the officials involved with the Bill, the Clerks to the Committee and everybody who has assisted us in our considerations. I also genuinely thank the Opposition spokesmen from both parties. We have managed to make good progress and we have agreed on the vast majority of the Bill’s provisions. There are one or two points that remain between us, and I am sure that we will have a chance to discuss them further on Report.

I also thank all my hon. Friends in the Committee for their forbearance, their constant and regular attendance and their rapt attention, which I have felt on my back throughout. As ever, I am grateful for their knowledge and insight into the issues with which we have dealt.

I particularly thank our Whip and the Opposition Whip, who have ensured that we have made extremely good progress and been able to finish a little before our programmed time. That is always the mark of a good and efficient Committee.

5.45 pm

Nick Herbert: I add my thanks to you, Mr. Pope, and to Mr. Conway for chairing the proceedings, to the Clerks for their help in tabling our amendments and to the Hansard writers, to whom I have given particular grief in having to supply various quotations to the Doorkeepers. I understand that it is traditional also to thank the police. That would seem appropriate, given the nature of the Bill.

It has been a great pleasure and a great experience for me to be on the Opposition Front Bench. It has been a particular pleasure to see the Minister in action—in full flight. I do not know whether she saw the report by the Daily Mail’s parliamentary correspondent, who was fairly unkind to us both, but his description of her as one of the Government’s springiest welterweights was surely not that unkind. My hon. Friends have observed in Committee that she is tipped for higher office; we can see why and wish her all the best in the long-overdue reshuffle. We hope that she will not have to stand by the phone too anxiously in the Easter recess.

We have learned many new things during our deliberations. We have learned about penetration testers—perhaps we learned a little too much about them. We have learned about “V for Vendetta” and the murky habits of my hon. Friend the Member for The Wrekin. We have learned about the new county of Brokenshire—given the Government’s intentions with regard to our counties and our county police forces, it is entirely appropriate that there should be a county of Brokenshire, as that is what is going to happen—and we have also learned about the Government’s extraordinary new doctrine of localism, under which any measure, however centralising, is described as a means to empower individuals and communities.

We have discussed measures that are decentralising in one respect that I can identify: the community call for action, as discussed under clause 14. However, the Minister confirmed that they were powers of last resort, not a mainstream way of doing business. By comparison, we have seen new powers for the Home Secretary to shape and intervene in police authorities,
 
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the standardisation of powers of community support officers and the creation of the national policing improvement agency. There are also other measures about which we have concerns—the extension of summary justice and the combined inspectorate and its implications for the independence of prison inspections in particular. We tabled amendments to try to improve the Bill to make it clear that the Home Secretary should intervene in police authorities only as a last resort and to give police constables more discretion over powers for community support officers. The amendments were either clarifications or intended to give more discretion to chief constables. I regret that the Minister did not accept one of them and, to be frank, has been pretty dismissive of our concerns.

I remind the Committee that last Friday—

The Chairman: Order. It is not the point of this part of the proceedings to rehearse the debates already held on Second Reading and in Committee. There will be plenty of opportunity to do that on Report and Third Reading.

Nick Herbert: Thank you, Mr. Pope. I read lots of concluding speeches from other Committees, and I understood it was usual for the Opposition to remind the Committee of those aspects of the Bill about which they were concerned and to which they would return. We will need to return to various matters, because a great deal of concern has been expressed outside the House, not least by the professional bodies involved—police officers and the Association of Chief Police Officers—about the extent of the provisions and the way they centralise power and reduce the discretion of the various bodies concerned. I look forward to that debate, but in the meantime I wish every Committee member a very good Easter.

Lynne Featherstone: I put on the record my thanks to you, Mr. Pope, and to Mr. Conway. You have chaired our proceedings very smoothly, despite the ups and downs of our disagreements. I also thank the Clerks, Hansard, all Committee members, the Minister and the official Opposition spokesperson for their contributions to our informative debates. I have learned much about computer hacking, as has the Minister—it could be a case of the blind leading the blind, but I am pleased that in that one instance no stony ground was in evidence. I wish the Minister well on her promotion, whenever that is. [Interruption.] Well, we hear rumours. I have also learned a lot about the exact powers of CPSOs. I think that the Minister gave a masterclass in them.

I thank everyone on the Committee for making this a learning experience for me.

The Chairman: I am grateful for hon. Members’ kind comments and for the Committee’s tolerance and good humour on my first outing as Chairman of a Standing Committee. I am especially grateful to Mr. Pound and Mr. Fabricant for bogus points of order.

Question put and agreed to.

Bill, as amended, to be reported.

Committee rose at eight minutes to Six o’clock.


 
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Prepared 31 March 2006