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Amendments to the Police (Northern Ireland) Bill

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

Here you can browse the Second Marshalled List of Amendments to the Police (Northern Ireland) Bill to be moved in Committee in the House of Lords.

     The amendments have been marshalled in accordance with the instruction of 18th October 2000, as follows-- 
 Clauses 48 to 64
Schedule 4
Clauses 65 to 70
Schedule 5
Clauses 71 to 74
Schedules 6 to 8
Clauses 75 to 77
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
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 FALCONER OF THOROTON
 
172A*     Page 25, line 3, leave out from second ("a") to end of line 16 and insert ("notifiable membership if membership of the organisation in question might reasonably be regarded as affecting the officer's ability to discharge his duties effectively and impartially.
 
    (1A)  The Chief Constable may give guidance to police officers in connection with notifiable memberships.
 
    (1B)  Before issuing any guidance under subsection (1A), the Chief Constable shall consult--
    (a)  the Board;
    (b)  the Secretary of State; and
    (c)  the Northern Ireland Human Rights Commission.")
 
  
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) 
  
BY THE LORD FALCONER OF THOROTON
 
177A*     Page 25, line 18, leave out ("registrable association") and insert ("notifiable membership") 
177B*     Page 25, line 18, after ("officer") insert ("believes he") 
177C*     Page 25, line 19, after ("he") insert ("believes he") 
177D*     Page 25, line 19, leave out ("registrable associations") and insert ("notifiable memberships") 
177E*     Page 25, line 19, leave out ("fact") insert ("belief") 
177F*     Page 25, line 25, leave out subsection (5) 
  
BY THE LORD COOKE OF ISLANDREAGH
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD ROGAN
 
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 FALCONER OF THOROTON
 
178A*     Page 25, line 35, leave out ("member") and insert ("police officer") 
178B*     Page 25, line 37, leave out ("registrable associations") and insert ("notifiable memberships") 
  
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 FALCONER OF THOROTON
 
179A*     Page 25, leave out line 41 and insert ("is to be disclosed unless the person making the disclosure is a person to whom this subsection applies and the disclosure is made-") 
179B*     Page 26, line 2, leave out ("in the case of information relating to a senior officer,") 
  
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") 
  
BY THE LORD FALCONER OF THOROTON
 
181A*     Page 26, line 14, leave out ("a member of the Board;") and insert ("the Board, each of its members and the members of its staff;") 
  
BY THE LORD COOKE OF ISLANDREAGH
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD ROGAN
 
182     Page 26, line 14, leave out ("a member of") 
  
BY THE LORD FALCONER OF THOROTON
 
182A*     Page 26, line 15, at end insert ("engaged in carrying out on behalf of the Chief Constable his functions under this section") 
  
BY THE LORD COOKE OF ISLANDREAGH
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD ROGAN
 
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.")
 
  
BY THE LORD FALCONER OF THOROTON
 
183A*     Page 26, line 20, leave out ("(7)") and insert ("(9)") 
  
BY THE LORD COOKE OF ISLANDREAGH
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD ROGAN
 
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.")
 
  
BY THE LORD FALCONER OF THOROTON
 
184A*     Page 26, line 21, leave out ("that subsection") and insert ("subsection (7)") 
184B*     Page 26, line 24, leave out ("registrable associations") insert ("notifiable memberships") 
184C*     Page 26, line 26, leave out paragraph (b) 
184D*     Page 26, line 29, leave out ("mentioned in subsection (1)") 
  
Clause 50
 
  
BY THE LORD FALCONER OF THOROTON
 
184E*     Page 26, line 32, leave out from ("ethics") to end of line 33 and insert ("for the purpose of--
    (a)  laying down standards of conduct and practice for police officers;
    (b)  making police officers aware of the rights and obligations arising out of the Convention rights (within the meaning of the Human Rights Act 1998).
    (  )  In preparing the code, the Chief Constable and the Board shall have regard to the terms of the declaration set out in section 38(1).")
 
  
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 FALCONER OF THOROTON
 
198A*     Page 28, line 2, at end insert ("; and
    (  )  any other person or body appearing to him to have an interest in the matter.")
 
  
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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Prepared 24 October 2000