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

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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") 
  
BY THE LORD FALCONER OF THOROTON
 
222A*     Page 32, line 11, at end insert--
        ("(2)  The Ombudsman may carry out research into any matter which may be the subject of a report under subsection (1)."")
 
  
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 62
 
  
BY THE LORD FALCONER OF THOROTON
 
223A*     Page 33, line 7, at end insert--
      ("(d)  to the extent that the subject matter of a complaint falls within the jurisdiction of a prescribed person or body, the Ombudsman shall not investigate it."")
 
  
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") 
  
BY THE LORD FALCONER OF THOROTON
 
225A*     Page 33, line 19, after ("Ireland") insert ("including, in particular, those resulting from this Act,") 
 
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Prepared 24 October 2000