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

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Clause 45
 
  
BY THE LORD FALCONER OF THOROTON
 
154     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.")
 
  
BY THE LORD DESAI
 
155*     Page 22, line 23, at beginning insert ("Save where subsection (4B) applies,") 
156*     Page 22, line 29, at end insert--
 
    ("(4A)  Where subsection (4B) applies, the Chief Constable shall make appointments in accordance with subsection (4) as far as it is practicable to do so.
 
    (4B)  This subsection applies where the number of vacant posts in the police support staff which are at the same level and to be filled at or about the same time is not less than two and not more than five.
 
    (4C)  The Chief Constable shall each year publish information concerning appointments made by the Chief Constable where subsection (4B) applies.
 
    (4D)  Information published under subsection (4C) shall be in such form as the Equality Commission for Northern Ireland may require.")
 
  
BY THE LORD FALCONER OF THOROTON
 
157     Page 23, line 11, leave out ("police reserve") and insert ("Police Service of Northern Ireland Reserve") 
158     Page 23, line 15, leave out from beginning to end of line 16 
  
BY THE LORD SMITH OF CLIFTON
THE BARONESS HARRIS OF RICHMOND
 
159     Leave out Clause 45 and insert the following new Clause-- 
     ("  .--(1)  The Board shall establish targets for applications and recruitment to the police of Roman Catholics, women and ethnic minorities and other persons from under-represented sections of society.
 
    (2)  The Board shall monitor applications and recruitment to the police to ensure equality of access.")
Targets for Recruitment.
  
BY THE LORD COOKE OF ISLANDREAGH
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD ROGAN
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 45 stand part of the Bill. 
  
Clause 46
 
  
BY THE LORD FALCONER OF THOROTON
 
160*     Page 23, line 32, after ("(6);") insert--
    ("(  )  section (Recruitment arrangements: other ranks);")
 
  
BY THE LORD DESAI
 
161*     Page 23, line 34, leave out ("subsection (3)") and insert ("subsections (3) and (3A)") 
162*     Page 23, line 35, leave out ("third") and insert ("tenth") 
163*     Page 23, line 39, at end insert--
 
    ("(3A)  The Secretary of State may by order provide that all or any of the temporary provisions for the time being in force (including any in force by virtue of an order under subsection (3)) shall cease to have effect.
 
    (3B)  The Secretary of State may not make an order under subsection (3A) before the third anniversary of the commencement date.")
 
164*     Page 23, line 41, leave out ("subsection (3)") and insert ("subsections (3)") and ("(3A)") 
  
BY THE LORD FALCONER OF THOROTON
 
165     Page 23, line 43, leave out ("force") 
  
BY THE LORD SMITH OF CLIFTON
THE BARONESS HARRIS OF RICHMOND
 
166     Leave out Clause 46 and insert the following new Clause-- 
     ("  .  The Chief Constable or any person appointed under the terms of section 42(1) shall pursue an active programme of affirmative action to increase applications from and recruitment of persons from under-represented sections of society to the police.")Affirmative action.
  
BY THE LORD COOKE OF ISLANDREAGH
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD ROGAN
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 46 stand part of the Bill. 
  
After Clause 46
 
  
BY THE LORD FALCONER OF THOROTON
 
167     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.
  
BY THE LORD SMITH OF CLIFTON
THE BARONESS HARRIS OF RICHMOND
THE LORD LESTER OF HERNE HILL
[Amendments 168 to 171 are amendments to amendment 167]
 
168*     Line 3, after ("women") insert ("and members of minority ethnic groups") 
169*     Line 7, at end insert (", including the setting of targets and timetables") 
170*     Line 10, after ("women") insert ("and members of minority ethnic groups") 
171*     Line 11, at end insert ("including the setting of targets and timetables") 
  
Clause 48
 
  
BY THE LORD FALCONER OF THOROTON
 
172     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 49
 
  
BY THE LORD COOKE OF ISLANDREAGH
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD ROGAN
 
173*     Page 25, leave out lines 5 to 16 and insert ("an organisation which is capable of being perceived as being associated with any particular religions or ethnic group") 
174*     Page 25, line 7, leave out paragraph (c) 
175*     Page 25, line 9, leave out paragraph (e) 
  
BY THE LORD PILKINGTON OF OXENFORD
THE DUKE OF NORFOLK
THE BARONESS HOOPER
 
176     Page 25, leave out line 10 
  
BY THE LORD COOKE OF ISLANDREAGH
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD ROGAN
 
177*     Page 25, line 12, leave out paragraph (h) 
178*     Page 25, line 29, leave out from ("be") to end of line 30 and insert ("--
    (a)  disciplined by the Chief Constable if he is of the rank of Superintendent or below under the police disciplinary code; or
    (b)  disciplined by the Board if he is above the rank of Superintendent.")
 
  
BY THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND
 
179*     Page 25, line 38, leave out ("destroy the information within one year") and insert ("not destroy the information for a period of at least three years") 
  
BY THE LORD COOKE OF ISLANDREAGH
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD ROGAN
 
180*     Page 26, line 5, leave out ("does") and insert ("could") 
181*     Page 26, line 9, at end insert ("and their need for it is in the course of their employment") 
182*     Page 26, line 14, leave out ("a member of") 
183*     Page 26, line 15, at end insert--
 
    ("(  )  No information received under this section shall be disclosed by the Chief Constable under subsection (7) unless there is an issue of bias in favour of another police officer or a member of the public.")
 
184*     Page 26, line 20, leave out from ("that") to end of line 21 and insert ("--
    (a)  before the disclosure was made, he obtained the information otherwise than in his capacity as a person to whom the subsection applies; and
    (b)  that he did not use knowledge of the information, obtained in his capacity as a person to whom that subsection applies, to facilitate obtaining the information otherwise than in his capacity as a person to whom that subsection applies.")
 
  
Clause 50
 
  
BY THE LORD GLENTORAN
THE LORD COPE OF BERKELEY
THE BARONESS SECCOMBE
 
185     Page 26, line 43, leave out paragraph (c) 
  
BY THE LORD ARCHER OF SANDWELL
THE LORD SMITH OF CLIFTON
THE BARONESS HARRIS OF RICHMOND
THE LORD LESTER OF HERNE HILL
 
186     Page 27, line 1, after ("Commission;") insert--
    ("(  )  the Equality Commission for Northern Ireland;")
 
  
THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND
 
187     Page 27, line 11, after ("read") insert (", undertaken to abide by") 
  
BY THE LORD FALCONER OF THOROTON
 
188     Page 27, line 15, leave out ("take such steps as he considers necessary to") and insert (", so far as practicable,") 
189     Page 27, line 17, leave out ("(taken as a whole)") and insert ("relating to conduct or discipline") 
  
BY THE LORD ARCHER OF SANDWELL
 
190     Page 27, line 18, at end insert--
 
    ("(9)  A failure by a police officer to comply with the code of ethics shall constitute a disciplinary offence under sections 25 and 26 of the Police (Northern Ireland) Act 1998.")
 
  
Clause 51
 
  
BY THE LORD FALCONER OF THOROTON
 
191     Page 27, line 25, after ("Constable;") insert--
    ("(  )  the Ombudsman;")
 
  
Clause 52
 
  
BY THE LORD DESAI
 
192*     Page 27, line 29, leave out ("may") and insert ("shall") 
193*     Page 27, line 34, at end insert--
 
    ("(1A)  Any emblem--
    (a)  for the police; or
    (b)  applied or required by the police on equipment or property used for the purposes of the police or otherwise in connection with the police,
shall be entirely free of any association with the states of Ireland and the United Kingdom.")
 
194*     Page 27, line 35, leave out ("may") and insert ("shall") 
195*     Page 27, leave out line 37 and insert ("requiring that only that flag be flown or carried") 
196*     Page 27, line 38, leave out ("or") and insert ("and") 
197*     Page 27, line 39, at end insert--
 
    ("(  )  The flag referred to in subsection (2) shall be entirely free of any association with the states of Ireland and the United Kingdom.")
 
  
BY THE LORD SMITH OF CLIFTON
THE BARONESS HARRIS OF RICHMOND
THE LORD LESTER OF HERNE HILL
 
198*     Page 28, line 1, after ("Constable;") insert--
    ("(  )  the Equality Commission for Northern Ireland;")
 
  
BY THE LORD GLENTORAN
THE LORD COPE OF BERKELEY
THE BARONESS SECCOMBE
 
199     Leave out Clause 52 and insert the following new Clause-- 
     ("  .--(1)  Subject to subsection (2), the emblem of the police force shall be the emblem which is in use by the Royal Ulster Constabulary at the time this Act is passed.
 
    (2)  The Secretary of State may make regulations--
    (a)  varying the name of the force as used in the emblem to any new name for the force adopted under this Act,
    (b)  regulating the use of that or any other emblem--
          (i)  on equipment or property used for the purposes of the police force; or
          (ii)  otherwise in connection with the police force.
    (3)  The flag of the police force shall include the emblem in use by the Royal Ulster Constabulary at the time this Act is passed (as amended by the Secretary of State in subsection (2)(a) above).
 
    (4)  The Secretary of State may make regulations regulating the flying or carrying of that or any other flag--
    (a)  on land or buildings used for the purposes of the police force; or
    (b)  otherwise in connection with the police force.
    (5)  Before making any regulations under this section the Secretary of State shall consult--
    (a)  the Chief Constable,
    (b)  the Board,
    (c)  the Police Association.")
Emblem and flag of the police force.
  
Clause 54
 
  
BY THE LORD GLENTORAN
THE LORD COPE OF BERKELEY
THE BARONESS SECCOMBE
 
200     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
 
201     Page 28, line 38, at end insert--
    ("(  )  the level of public satisfaction with the performance of district policing partnerships;")
 
202     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
 
203     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")
 
  
BY THE LORD COOKE OF ISLANDREAGH
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD ROGAN
 
204*     Page 28, line 42, at end insert--
    ("(j)  the effectiveness of district policing partnerships in the carrying out of their functions;
    (k)  the level of public satisfaction with the performance of individual district policing partnerships")
 
  
Clause 56
 
  
BY THE LORD DESAI
 
205*     Page 29, line 40, leave out from ("it") to end of line 41 and insert ("concerns sensitive personal matters") 
  
Clause 57
 
  
BY THE LORD FALCONER OF THOROTON
 
206     Page 30, line 4, leave out ("one month") and insert ("30 days") 
 
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