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

back to previous amendments
 
  
Clause 58
 
  
BY THE LORD COOKE OF ISLANDREAGH
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD ROGAN
 
207*     Page 30, line 21, at end insert--
 
    ("(  )  No inquiry shall be caused under subsection (1) if it relates to the conduct of a member of the police force which took place more than the prescribed period before the date on which a report under section 57 was submitted to the board.
 
    (  )  The prescribed period shall be the prescribed period determined by the Secretary of State under section 64 of the 1998 Act.")
 
  
BY THE LORD DESAI
 
208*     Page 30, line 31, leave out from ("made") to end of line 32 and insert ("concerns sensitive personal matters") 
  
BY THE LORD ARCHER OF SANDWELL
THE LORD SMITH OF CLIFTON
THE BARONESS HARRIS OF RICHMOND
THE LORD DESAI
 
209     Page 31, line 1, leave out paragraph (b) 
  
BY THE LORD ARCHER OF SANDWELL
 
210     Page 31, line 10, leave out ("with the approval of") and insert ("after consulting") 
  
BY THE BARONESS HARRIS OF RICHMOND
THE LORD SMITH OF CLIFTON
 
211*     Page 31, line 10, leave out (", with the approval of the Secretary of State,") 
  
BY THE LORD DESAI
 
212*     Page 31, line 10, leave out ("with the approval of") and insert ("following consultation with") 
  
BY THE LORD FALCONER OF THOROTON
 
213*     Page 31, line 10, leave out ("approval") and insert ("agreement") 
214*     Page 31, line 15, leave out from ("with") to end of line 17 and insert ("a pre-commencement matter.
 
    (  )  But subsection (11) does not prevent a person conducting an inquiry under this section from considering facts relating to a pre-commencement matter if, and only to the extent that, consideration of those facts is necessary for him to be able to discharge his functions in relation to the subject matter of the inquiry.
 
    (  )  Pre-commencement matter" means any act or omission which occurred, or is alleged to have occurred, before the coming into force of this section.")
 
  
BY THE LORD DESAI
 
215*     Page 31, line 17, at end insert (", save to the extent that it is necessary to do so in order to inquire adequately into any matter arising after the coming into force of this section") 
  
BY THE LORD ARCHER OF SANDWELL
 
216     Page 31, line 22, leave out subsection (13) 
  
BY THE LORD SMITH OF CLIFTON
THE BARONESS HARRIS OF RICHMOND
 
217     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
 
218     Page 31, line 28, after ("Constable;") insert--
    ("(  )  the Ombudsman;")
 
  
Before Clause 60
 
  
BY THE LORD FALCONER OF THOROTON
 
219*     Insert the following new 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 under this Act 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".  ")
 
  
Clause 60
 
  
BY THE LORD DESAI
 
220*     Page 32, line 4, leave out from ("may") to ("on") in line 5 and insert ("investigate and report to the Chief Constable and the Board") 
221*     Page 32, line 7, leave out ("under this Part") 
  
BY THE LORD ARCHER OF SANDWELL
 
222     Page 32, line 7, leave out ("under this Part") and insert ("whether or not such matters arise from a complaint") 
  
Clause 61
 
  
BY THE LORD ARCHER OF SANDWELL
THE BARONESS HARRIS OF RICHMOND
THE LORD SMITH OF CLIFTON
 
223     Page 32, line 22, leave out ("statistical") 
  
Clause 63
 
  
BY THE LORD DESAI
 
224*     Page 33, line 10, at end insert--
 
    ("(2)  Any person who knowingly withholds from the Ombudsman such information and documents as she has required under subsection (1) shall be guilty of an offence.
 
    (3)  A person guilty of an offence under subsection (2) shall be liable--
    (a)  on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;
    (b)  on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both.")
 
  
Clause 64
 
  
BY THE LORD DESAI
 
225*     Page 33, line 18, leave out from ("the") to end of line 20 and insert ("process of police reform in Northern Ireland") 
  
Schedule 4
 
  
BY THE LORD FALCONER OF THOROTON
 
226     Page 54, line 8, at end insert ("; or
    ("(  )  become unfit or unable to discharge his functions.")
 
  
BY THE LORD DESAI
 
227*     Page 54, line 15, leave out paragraph 2 
  
BY THE LORD ARCHER OF SANDWELL
 
228     Page 54, line 20, at end insert--
 
    ("(3)  The terms of reference shall set forth the powers of the Commission to prescribe time limits for effecting such changes.")
 
  
BY THE LORD FALCONER OF THOROTON
 
229     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
 
230     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.")
 
  
Clause 67
 
  
BY THE LORD COOK OF ISLANDREAGH
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD ROGAN
 
231*     Page 34, line 21, at end insert--
 
    ("(  )  The foundation shall--
    (a)  make provision to support the development of the RUC Widows' Association and the RUC Benevolent Fund;
    (b)  make provisions for injured police officers, retired officers and their families.")
 
  
After Clause 69
 
  
BY THE LORD FALCONER OF THOROTON
 
232*     Insert the following new Clause-- 
     ("  .--(1)  The Board shall make, and keep under review, arrangements for designated places of detention to be visited by persons appointed under the arrangements ("lay visitors").
 
    (2)  The arrangements shall require a report on each visit to be made to the Board and the Chief Constable by the lay visitor concerned.
 
    (3)  The report shall deal with--
    (a)  the conditions under which persons are held in the designated place of detention concerned and with their welfare and treatment;
    (b)  the adequacy of facilities at that place of detention;
    (c)  such other matters as may be specified in an order made by the Secretary of State.
    (4)  The arrangements may confer on lay visitors such powers as the Board considers necessary to enable the report required as a result of subsection (2) to be made and may, in particular, confer on them a power to--
    (a)  require access to given to each designated place of detention;
    (b)  examine records relating to the holding of persons there;
    (c)  interview persons who are being held there;
    (d)  inspect the facilities there including, in particular, washing and toilet facilities and the facilities for the provision of food.
    (5)  A power conferred as a result of subsection (4)(b) or (c) may be exercised only with the consent of the person concerned.
 
    (6)  Any power conferred by the arrangements may be subject to such limitations as may be specified in the arrangements.
 
    (7)  The arrangements shall provide that a person may not be appointed as a lay visitor if--
    (a)  he is a member of the Board; or
    (b)  he is, or has been, a police officer.
    (8)  The Board may issue, and from time to time revise, guidance to lay visitors about the discharge of their functions under this section.
 
    (9)  Designated place of detention" means a police station for the time being designated under Article 36 of the Police and Criminal Evidence (Northern Ireland) Order 1989, except so much of the station as is for the time being designated for the purposes of paragraph 1 of Schedule 8 to the Terrorism Act 2000.
 
    (10)  The Secretary of State may by order specify as designated places of detention for the purposes of this section--
    (a)  a part of any police station if that part is for the time being designated for the purposes of paragraph 1 of Schedule 8 to the Terrorism Act 2000.
    (b)  any other place which is designated under any enactment as a place in which persons may be detained.")
Places of detention: lay visitors.
  
Schedule 5
 
  
BY THE LORD FALCONER OF THOROTON
 
233     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
 
234*     Page 35, line 29, at end insert--
 
    ("(3A)  A draft of a statutory rule to be made under section 46(3) 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.")
 
235     Page 35, line 30, after ("one") insert ("made under a provision mentioned in subsection (3A) or") 
  
Clause 73
 
  
BY THE LORD FALCONER OF THOROTON
 
236     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
 
237     Page 62, line 46, leave out ("entries") and insert ("entry") 
238     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--")
 
239*     Page 66, line 7, leave out ("Force") 
240     Page 66, line 17, leave out ("and (4)") 
  
Schedule 7
 
  
BY THE LORD FALCONER OF THOROTON
 
241     Page 67, line 34, leave out sub-paragraph (a) 
242     Page 67, line 36, leave out ("police service") and insert ("Police Service of Northern Ireland") 
243     Page 67, line 39, leave out ("police service") and insert ("Police Service of Northern Ireland") 
244     Page 67, line 42, leave out ("member of the police service") and insert ("police officer serving in the Police Service of Northern Ireland") 
245     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") 
246     Page 68, line 1, leave out ("police service reserve") and insert ("Police Service of Northern Ireland Reserve in any other context") 
247     Page 68, line 3, leave out ("police service") and insert ("Police Service of Northern Ireland") 
248     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
 
249     Page 37, line 23, at end insert--
    ("(  )  sections 64 and 65;")
 
250     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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