Police (Northern Ireland) Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Clause 45
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 22, line 22, at end insert--
 
    ("(  )  No order may be made under subsection (2) as a result of subsection (3)(b) which has the effect, as respects an occasion specified in the order, of requiring more than three-quarters of the persons appointed on that occasion to be--
    (a)  the persons who are treated as Roman Catholic; or
    (b)  the persons who are not so treated.")
 
     Page 23, line 11, leave out ("police reserve") and insert ("Police Service of Northern Ireland Reserve") 
     Page 23, line 15, leave out from beginning to end of line 16 
  
Clause 46
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 23, line 43, leave out ("force") 
  
After Clause 46
 
  
BY THE LORD FALCONER OF THOROTON
 
     Insert the following new Clause-- 
     ("  .--(1)  The Board shall make, and from time to time revise, a plan (its "action plan") for monitoring the number of women in--
    (a)  the police,
    (b)  the police support staff, and
    (c)  the Board's staff,
and, if they are under-represented, for increasing that number.
 
    (2)  The Chief Constable shall, if requested to do so by the Board, prepare and submit to the Board a draft plan for monitoring the number of women in the police and, if they are under-represented, for increasing that number.
 
    (3)  The Board may adopt the draft submitted to it under subsection (2) as part of its action plan, either--
    (a)  as submitted; or
    (b)  with such amendments as the Board may determine, after consultation with the Chief Constable.
    (4)  Before making or revising its action plan, the Board shall consult--
    (a)  the Equality Commission for Northern Ireland;
    (b)  the Chief Constable; and
    (c)  the Secretary of State.
    (5)  The Board may publish its action plan in such manner as it thinks appropriate.")
Action plans.
  
Clause 48
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 24, line 42, leave from first ("the") to end of line 43 and insert ("Police Service of Northern Ireland of references to the Police Service of Northern Ireland Reserve") 
  
Clause 50
 
  
THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND
 
     Page 27, line 11, after ("read") insert (", undertaken to abide by") 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 27, line 15, leave out ("take such steps as he considers necessary to") and insert (", so far as practicable,") 
     Page 27, line 17, leave out ("(taken as a whole)") and insert ("relating to conduct or discipline") 
  
Clause 51
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 27, line 25, after ("Constable") insert--
    ("(  )  the Ombudsman;")
 
  
Clause 54
 
  
BY THE LORD GLENTORAN
THE LORD COPE OF BERKELEY
THE BARONESS SECCOMBE
 
     Page 28, line 8, leave out after ("shall") to ("co-operation") in line 10 and insert ("promote, wherever practicable,") 
  
Clause 55
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 28, line 38, at end insert--
    ("(  )  the level of public satisfaction with the performance of district policing partnerships;")
 
     Page 28, line 39, after ("effectiveness") insert ("of district policing partnerships in performing their functions and, in particular,") 
  
BY THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND
 
     Page 28, line 42, at end insert--
    ("(j)  the arrangements made for inspecting all custody and interrogation accommodation;
    (k)  the arrangements for monitoring police action and to control public disorder;
    (l)  the arrangements for monitoring the training, education and development strategy of the police service")
 
  
Clause 57
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 30, line 4, leave out ("one month") and insert ("30 days") 
  
Clause 58
 
  
BY THE LORD SMITH OF CLIFTON
THE BARONESS HARRIS OF RICHMOND
 
     Page 31, line 1, leave out paragraph (b) 
     Page 31, line 22, leave out subsection (13) and insert--
 
      ("(13)  The costs incurred in respect of an inquiry under this section shall be defrayed by the Secretary of State.")
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 31, line 28, after ("Constable") insert--
    ("(  )  the Ombudsman;")
 
  
Before Clause 60
 
  
BY THE LORD FALCONER OF THOROTON
 
     Insert the following Clause-- 
     ("  .--(1)  After section 58 of the 1998 Act there shall be inserted--Mediation.
 Steps to be taken after investigation - mediation.     58A.--(1)  If the Ombudsman--
    (a)  determines that a report made under section 56(6) or 57(8) does not indicate that a criminal offence may have been committed by a member of the police force, and
    (b)  considers that the complaint is not a serious one,
he may determine that the complaint is suitable for resolution through mediation.
 
    (2)  If he does so, he must inform the complainant and the member of the police force concerned.
 
    (3)  If the complainant and the member of the police force concerned agree to attempt to resolve the complaint through mediation, the Ombudsman shall act as mediator.
 
    (4)  Anything communicated to the Ombudsman while acting as mediator is not admissible in evidence in any subsequent criminal, civil or disciplinary proceedings.
 
    (5)  But that does not make inadmissible anything communicated to the Ombudsman if it consists of or includes an admission relating to a matter which does not fall to be resolved through mediation.
 
    (6)  If a complaint is resolved through mediation under this section, no further proceedings shall be taken against the member of the police force concerned in respect of the subject matter of the complaint."
 
     (2)  For subsection (1) of section 59 of the 1998 Act (disciplinary proceedings) there shall be substituted--
        (1)  Subsection (1B) applies if--
      (a)  the Director decides not to initiate criminal proceedings in relation to the subject matter of a report under section 56(6) or 57(8) sent to him under section 58(2); or
      (b)  criminal proceedings initiated by the Director in relation to the subject matter of such a report have been concluded.
        (1A)  Subsection (1B) also applies if the Ombudsman determines that a report under section 56(6) or 57(8) does not indicate that a criminal offence may have been committed by a member of the police force and--
      (a)  he determines that the complaint is not suitable for resolution through mediation under section 58A; or
      (b)  he determines that the complaint is suitable for resolution through mediation under that section but--
            (i)  the complainant or the member of the police force concerned does not agree to attempt to resolve it in that way; or
            (ii)  attempts to resolve the complaint in that way have been unsuccessful.
        (1B)  The Ombudsman shall consider the question of disciplinary proceedings."
    (3)  After subsection (2) of that section, there shall be inserted--
        (2A)  In a case mentioned in subsection (1A)(b), the Ombudsman shall, in considering the recommendation to be made in his memorandum, take into account the conduct of the member of the police force concerned in relation to the proposed resolution of the complaint through mediation."
    (4)  In section 64(2) of the 1998 Act (regulations)--
    (a)  in paragraph (b), after "resolution" insert "or mediation";
    (b)  in paragraph (c), after "informally" insert "or through mediation"; and
    (c)  in sub-paragraph (i) of paragraph (d), after "informally" insert "or through mediation".  ")
 
  
Schedule 4
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 54, line 8, at end insert ("; or
    ("(  )  become unfit or unable to discharge his functions.")
 
     Page 54, line 40, leave out ("Police Reform Commissioner for Northern Ireland") and insert ("Commissioner appointed under section 64 of the Police (Northern Ireland) Act 2000") 
  
Clause 66
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 34, line 6, at end insert--
 
    ("(  )  In carrying out those functions, the Secretary of State shall have regard to the principle that the policing of Northern Ireland is to be conducted in an impartial manner.")
 
  
Schedule 5
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 58, line 43, leave out ("member of the Police Service of Northern Ireland") and insert ("police officer") 
  
Clause 72
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 35, line 29, at end insert--
 
    ("(3A)  A draft of a statutory rule to be made under section 46(3), 49(2), or 52 shall be laid before Parliament in like manner as a draft of a statutory instrument and section 6 of the Statutory Instruments Act 1946 shall apply accordingly.")
 
     Page 35, line 30, after ("one") insert ("made under a provision mentioned in subsection (3A) or") 
  
Clause 73
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 36, line 37, at end insert--
 
    ("(  )  Subsections (2) to (4) of section 39 of the Interpretation Act (Northern Ireland) 1954 apply for the purpose of calculating a period of time laid down by or under this Act.")
 
  
Schedule 6
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 62, line 46, leave out ("entries") and insert ("entry") 
     Page 62, line 47, at end insert--
 
    ("(4)  In that Part of that Schedule, at the appropriate place in alphabetical order insert the following entry--")
 
     Page 66, line 17, leave out ("and (4)") 
  
Schedule 7
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 67, line 34, leave out sub-paragraph (a) 
     Page 67, line 36, leave out ("police service") and insert ("Police Service of Northern Ireland") 
     Page 67, line 39, leave out ("police service") and insert ("Police Service of Northern Ireland") 
     Page 67, line 42, leave out ("member of the police service") and insert ("police officer serving in the Police Service of Northern Ireland") 
     Page 67, line 44, leave out ("member of the police service reserve") and insert ("police officer serving in the Police Service of Northern Ireland Reserve") 
     Page 68, line 1, leave out ("police service reserve") and insert ("Police Service of Northern Ireland Reserve in any other context") 
     Page 68, line 3, leave out ("police service") and insert ("Police Service of Northern Ireland") 
     Page 68, line 4, at end insert-- 
 ("Recruitment arrangements: references to the Board 
     .  At any time before the commencement of section 2, references in sections 43 to 47 to the Board shall be construed as references to the Police Authority for Northern Ireland.") 
  
Clause 75
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 37, line 23, at end insert--
    ("(  )  sections 64 and 65;")
 
     Page 37, line 24, at end insert--
    ("(  )  Schedule 4;
    (  )  paragraphs 3(4) and 4(3) of Schedule 6 and section 75(1) so far as relating thereto;")
 
 
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