Criminal Justice and Court Services Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Clause 12
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
65     Page 6, line 11, after ("welfare") insert ("and interests") 
  
Clause 15
 
  
BY THE EARL OF LISTOWEL
 
66*     Page 7, line 14, leave out ("in the exercise of his functions") and insert ("to instruct a suitably qualified lawyer") 
67*     Page 7, line 19, leave out subsections (2) to (4) 
  
BY THE BARONESS SECCOMBE
THE BARONESS BLATCH
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 15 stand part of the Bill. 
  
Clause 16
 
  
BY THE EARL OF LISTOWEL
 
68*     Page 7, line 32, leave out subsection (2) 
  
BY THE BARONESS SECCOMBE
THE BARONESS BLATCH
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 16 stand part of the Bill. 
  
Clause 17
 
  
BY THE EARL OF LISTOWEL
THE BARONESS BLATCH
 
69*     Leave out Clause 17 and insert the following new Clause-- 
     ("  .  It{su0571} shall be the duty of the Social Services Inspectorate-- 
 
    (a)  to inspect and report to the Secretary of State on the performance by the Children and Family Court Advisory and Support Service, and the officers of the Service, of their functions, and
    (b)  to discharge, in connection with those functions or with related functions of any other person, such functions as the Secretary of State may from time to time direct.")
 
  
Clause 18
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
70     Page 8, line 28, leave out ("(other than a chief probation officer)") 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
71*     Page 8, line 31, leave out ("local") and insert ("probation") 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
72     Page 8, line 37, leave out paragraph (b) 
  
Clause 19
 
  
BY THE BARONESS THORNTON
THE LORD HABGOOD
 
73*     Page 8, line 42, at end insert ("including partnership agreements with voluntary organisations for the provision of family mediation and support services") 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
74     Page 9, line 3, leave out ("Service") and insert ("new employer") 
75     Page 9, line 7, leave out ("Service") and insert ("new employer") 
  
Clause 20
 
  
BY THE LORD BASSAM OF BRIGHTON
 
76     Page 9, line 28, leave out from ("any") to ("have") in line 29 and insert ("directions about consultation given by the appropriate Minister") 
  
After Clause 20
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
77*     Insert the following new Clause-- 
     ("  .  No scheme may be made under section 19 or 20 for the transfer to the Service of any property or employee before April 2002.")Commencement of operation of Service.
  
Clause 23
 
  
BY THE LORD BASSAM OF BRIGHTON
 
78     Page 11, line 27, leave out from ("any") to ("have") in line 28 and insert ("directions about consultation given by the appropriate Minister") 
  
After Clause 23
 
  
BY THE LORD BASSAM OF BRIGHTON
 
79     Insert the following new Clause-- 
     (".--(1) The Protection of Children Act 1999 ("the 1999 Act") shall have effect as if the Service were a child care organisation within the meaning of that Act.
 
    (2)  Arrangements which the Service makes with an organisation under section 13(1) must provide that, before selecting an individual to be employed under the arrangements in a child care position the organisation--
    (a)  must ascertain whether the individual is included in any of the lists mentioned in section 7(1) of the 1999 Act, and
    (b)  if he is included in any of those lists, must not select him for that employment.
    (3)  Such arrangements must provide that, if at any time the organisation has power to refer a relevant individual to the Secretary of State under section 2 of the 1999 Act (inclusion in list on reference following disciplinary action etc.), the organisation must so refer him.
 
    In this subsection "relevant individual" means an individual who is or has been employed in a child care position under the arrangements.
 
    (4)  In this section "child care position" and "employment" have the same meanings as in the 1999 Act.")
Provision for the protection of children.
1999 c. 14.
  
Clause 24
 
  
BY THE LORD BASSAM OF BRIGHTON
 
80     Page 11, leave out lines 39 and 40 
81     Page 11, leave out lines 42 to 44 
  
Schedule 4
 
  
BY THE LORD BASSAM OF BRIGHTON
 
82     Page 54, line 22, at end insert-- 
 
    ("(  )  an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child);")
1988 c. 33.
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
83     Page 55, line 41, at end insert--
    ("(  )  he commits an offence under section 4 of the Misuse of Drugs Act 1971 (restriction on production and supply of controlled drugs) by supplying a controlled drug to a child,")
 
  
Clause 27
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
84     Page 12, line 38, leave out ("either") and insert ("one") 
85     Page 13, line 7, at end insert--
 
    ("(  )  The third condition is that--
    (a)  the individual is convicted of an offence against a child committed when he was aged 18 or over, and
    (b)  the court is satisfied, having regard to all the circumstances, that it is likely that the individual will commit a further offence against a child.")
 
86     Page 13, line 12, at end insert ("at any time in the future") 
  
Clause 28
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
87     Page 13, line 27, at end insert--
 
    ("(  )  The third condition is that--
    (a)  the individual is convicted of an offence against a child committed at a time when the individual was under the age of 18, and
    (b)  the court is satisfied, having regard to all the circumstances, that it is likely that the individual will commit a further offence against a child.")
 
88     Page 13, line 29, after ("child") insert ("at any time in the future") 
  
Clause 29
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
89     Page 13, line 39, leave out ("for a term of 12 months or more") 
90     Page 13, line 41, leave out ("for a term of 12 months or more") 
91     Page 14, line 1, leave out ("for a period of 12 months or more") 
92     Page 14, line 5, leave out ("for a term of 12 months or more") 
93     Page 14, line 7, leave out ("for a term of 12 months or more") 
  
BY THE LORD BASSAM OF BRIGHTON
 
94     Page 14, line 10, leave out ("or guardianship") 
95     Page 14, line 11, at end insert ("or
    (  )  a guardianship order,")
 
  
Clause 30
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
96     Page 14, line 45, after ("first") insert ("or the third") 
  
After Clause 31
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
97     Insert the following new Clause-- 
     ("  .--(1)  This section applies where the Tribunal has directed under the provisions of section 31 that a disqualification order is to cease to have effect in respect of an individual.
 
    (2)  A relevant person may at any time apply to the Tribunal for the reinstatement of the disqualification order.
 
    (3)  An application under subsection (2) may only be granted if the Tribunal is satisfied, having regard to all the circumstances, that it is likely that the individual will commit a further offence against a child.
 
    (4)  Where the Tribunal reinstates an order under this section, it must state its reasons for doing so and cause those reasons to be included in the record of the proceedings.
 
    (5)  In this section, "relevant person" means--
    (a)  the Secretary of State;
    (b)  a superintendent of police;
    (c)  the director of social services of a local authority.")
Reinstatement of disqualification order.
  
Clause 32
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
98     Page 15, line 40, leave out ("he is released") and insert ("the sentence passed on him expires") 
  
Clause 33
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
99     Page 16, line 25, at end insert ("or performs on a casual basis (whether for financial reward or not) any functions which would constitute work in a regulated position") 
  
BY THE LORD BASSAM OF BRIGHTON
 
100     Page 16, line 28, at end insert (", or
    (b)  fails to remove such an individual from such work.")
 
  
Clause 34
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
101     Page 17, line 25, at end insert--
    ("(i)  a position whose normal duties involve the provision of youth justice services as defined in section 38(4) of the Crime and Disorder Act 1998.")
 
102     Page 18, line 10, at end insert ("or any associated sub-committee") 
103     Page 18, line 16, at end insert--
    ("(  )  chief executive of a local authority,
    (  )  director of leisure services of a local authority,
    (  )  member of a committee of a local authority whose functions include the provision or regulation of leisure services,
    (  )  director of library services of a local authority,
    (  )  member of a committee of a local authority whose functions include the provision or regulation of library services,
    (  )  member of a health authority,
    (  )  chief executive of a health authority,
    (  )  member of a police authority, the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad,
    (  )  member of a youth offending team,
    (  )  member of the Youth Justice Board,
    (  )  member of a local board,
    (  )  officer of a local board.")
 
 
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Prepared 29 September 2000