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

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Clause 26
 
  
BY THE LORD COOKE OF ISLANDREAGH
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD ROGAN
 
105     Page 12, line 21, at end insert ("with provisions replicating those in section 17(2) of the Police (Northern Ireland) Act 1998") 
106     Page 12, line 22, leave out subsection (2) 
  
BY THE BARONESS HARRIS OF RICHMOND
THE LORD SMITH OF CLIFTON
THE LORD GLENTORAN
THE LORD COPE OF BERKELEY
 
107     Page 12, line 22, leave out subsection (2) and insert--
 
    ("(2)  The annual policing plan shall include a statement of the Board's priorities for the year, of the financial resources expected to be available to the Board and of the proposed allocation of those resources by the Board, and shall give particulars of--
    (a)  any objectives determined by the Secretary of State under section 24;
    (b)  any objectives determined by the Board under section 25; and
    (c)  any performance targets established by the Board under section 25.")
 
  
BY THE LORD FALCONER OF THOROTON
 
108     Page 12, line 22, leave out from ("shall") to ("matters") in line 23 and insert ("--
    (a)  contain an assessment of the requirements for educating and training police officers and members of the police support staff and give particulars of the way in which those requirements are to be met; and
    (b)  include such other statements and give particulars of such other")
 
  
Clause 27
 
  
BY THE LORD FALCONER OF THOROTON
 
109     Page 13, line 4, at end insert ("; and
    (  )  such other persons or bodies as the Secretary of State considers appropriate")
 
  
BY THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND
 
110     Page 13, line 4, at end insert--
    ("(c)  the Northern Ireland Human Rights Commission; and
    (d)  the Equality Commission for Northern Ireland")
 
  
BY THE LORD ARCHER OF SANDWELL
 
     The Lord Archer of Sandwell gives notice of his intention to oppose the Question that Clause 27 stand part of the Bill. 
  
Clause 28
 
  
BY THE LORD FALCONER OF THOROTON
 
111     Page 13, line 9, leave out from ("make") to ("to") in line 10 and insert ("arrangements") 
112     Page 13, line 11, after ("functions") insert (", and those of the Chief Constable,") 
  
BY THE BARONESS HARRIS OF RICHMOND
THE LORD SMITH OF CLIFTON
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD FALCONER OF THOROTON
 
113     Page 13, line 11, after ("functions") insert ("and the functions of the police service") 
  
BY THE LORD ARCHER OF SANDWELL
 
114     Page 13, line 12, at end insert (", fairness and impartiality") 
  
BY THE LORD FALCONER OF THOROTON
 
115     Page 13, line 13, leave out subsections (2) to (6) and insert--
 
    ("(2)  The arrangements shall require the Board to conduct, at intervals specified in the arrangements, reviews of the way in which its functions are exercised.
 
    (3)  The arrangements shall also require the Chief Constable to conduct, at intervals specified in the arrangements, reviews of the way in which his functions are exercised.
 
    (4)  The Board shall prepare and publish a plan (its "performance plan") for each financial year containing details of how the arrangements made under subsection (1) in that year are to be implemented.
 
    (5)  The performance plan shall--
    (a)  identify factors ("performance indicators") by reference to which performance in exercising functions can be measured;
    (b)  set standards ("performance standards") to be met in the exercise of particular functions in relation to performance indicators; and
    (c)  include a summary of the Board's assessment of--
          (i)  its and the Chief Constable's performance in the previous financial year measured by reference to performance indicators;
          (ii)  the extent to which any performance standard which applied at any time during that year was met.
    (6)  Before publishing its performance plan, the Board must consult the Secretary of State and the Chief Constable.
 
    (7)  In this Part--
    performance indicators" and "performance standards" have the meaning given in subsection (5); and
    performance plan" means a plan published by the Board under subsection (4).")
 
  
BY THE BARONESS HARRIS OF RICHMOND
THE LORD SMITH OF CLIFTON
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD FALCONER OF THOROTON
 
116     Page 13, line 41, leave out subsection (5) 
  
Clause 29
 
  
BY THE LORD FALCONER OF THOROTON
 
117     Page 14, line 5, leave out from ("plan") to ("shall") in line 6 
118     Page 14, line 10, leave out ("an order under section 28(1)") and insert ("the requirements of section 28") 
119     Page 14, line 15, leave out ("the Board's") and insert ("a") 
120     Page 14, line 19, leave out ("an order under section 28(1)") and insert ("the requirements of section 28") 
121     Page 14, line 19, at end insert--
    ("(bb)  stating whether he believes that the performance indicators and performance standards, so far as relating to the functions of the Chief Constable, are reasonable and, if appropriate, recommending changes to those performance indicators or performance standards;")
 
122     Page 14, line 21, leave out ("an order under section 28(1)") and insert ("the requirements of section 28") 
123     Page 14, line 30, leave out ("published by the Board") 
124     Page 14, line 31, leave out subsection (7) and insert--
 
    ("(7)  Subsections (7A) to (7C) apply if the Board receives a report which contains a recommendation made under paragraph (bb), (c) or (d) of subsection (4).
 
    (7A)  Within the period of one month beginning on the day on which it receives the report, the Board shall prepare a statement.
 
    (7B)  The Board shall consult the Chief Constable about the report and the statement it is required to prepare under subsection (7A).
 
    (7C)  The Board shall, without delay, submit the statement it has prepared to the Secretary of State and the Comptroller and Auditor General.
 
    (7D)  The statement shall--
    (a)  specify the action, if any, which the Board, or the Chief Constable, intend to take as a result of the report;
    (b)  contain a summary of the result of the consultation required by subsection (7B).")
 
  
BY THE BARONESS HARRIS OF RICHMOND
THE LORD SMITH OF CLIFTON
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD FALCONER OF THOROTON
 
125     Page 14, line 38, leave out subsection (8) 
  
Clause 30
 
  
BY THE BARONESS HARRIS OF RICHMOND
THE LORD SMITH OF CLIFTON
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD FALCONER OF THOROTON
 
126     Page 14, line 42, leave out ("or the Chief Constable's") 
  
BY THE LORD FALCONER OF THOROTON
 
127     Page 14, line 43, leave out ("an order under section 28(1)") and insert ("section 28") 
  
BY THE BARONESS HARRIS OF RICHMOND
THE LORD SMITH OF CLIFTON
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD FALCONER OF THOROTON
 
128     Page 15, line 2, leave out ("or the Chief Constable's") 
  
BY THE LORD FALCONER OF THOROTON
 
129     Page 15, line 3, leave out ("an order under section 28(1)") and insert ("section 28") 
  
BY THE BARONESS HARRIS OF RICHMOND
THE LORD SMITH OF CLIFTON
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD FALCONER OF THOROTON
 
130     Page 15, line 17, leave out ("or the Chief Constable") 
  
BY THE LORD FALCONER OF THOROTON
 
131     Page 15, line 18, leave out ("an order under section 28(1)") and insert ("section 28") 
132     Page 15, line 25, at end insert--
 
    ("(  )  The Comptroller and Auditor General shall lay copies of every report under this section before each House of Parliament.")
 
  
BY THE BARONESS HARRIS OF RICHMOND
THE LORD SMITH OF CLIFTON
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD FALCONER OF THOROTON
 
133     Page 15, line 30, leave out ("or the Chief Constable's") 
  
BY THE LORD FALCONER OF THOROTON
 
134     Page 15, line 31, leave out ("any provision of an order under section 28(1)") and insert ("section 28") 
135     Page 15, line 35, at end insert ("as the Secretary of State may from time to time direct") 
  
Clause 31
 
  
BY THE LORD FALCONER OF THOROTON
 
136     Page 15, line 41, leave out from ("State") to end of line 3 on page 16 and insert ("has received a report under section 29(4) or 30(5) of this Act, or section 41(4) of the 1998 Act, and he is satisfied that--
    (a)  the Board is failing to comply with the requirements of section 28; or
    (b)  it is appropriate to change performance indicators or performance standards contained in a performance plan, so far as relating to the functions of the Chief Constable.
    (2)  Subject to subsection (3), the Secretary of State may direct the Board--
    (a)  to take any action which he considers necessary or expedient to secure compliance with the requirement of section 28; or
    (b)  to make such changes to the performance indicators or performance standards mentioned in subsection (1)(b) as he considers appropriate.")
 
  
BY THE BARONESS HARRIS OF RICHMOND
THE LORD SMITH OF CLIFTON
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD FALCONER OF THOROTON
 
137     Page 15, line 42, leave out ("or the Chief Constable") 
  
BY THE LORD COOKE OF ISLANDREAGH
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD ROGAN
 
138     Page 15, line 45, leave out ("or the Chief Constable") 
  
BY THE BARONESS HARRIS OF RICHMOND
THE LORD SMITH OF CLIFTON
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
 
139     Page 16, line 2, leave out ("or the Chief Constable") 
  
BY THE LORD FALCONER OF THOROTON
 
140     Page 16, line 5, leave out ("subsection (4)(d)") and insert ("paragraph (bb), (c) or (d) of subsection (4)") 
141     Page 16, line 6, leave out ("received by him under subsection (7)(b)") and insert ("submitted to him under subsection (7C)") 
142     Page 16, line 8, leave out ("subsection (7)(a)") and insert ("subsection (7A)") 
143     Page 16, line 9, leave out subsections (4) to (6) 
  
BY THE BARONESS HARRIS OF RICHMOND
THE LORD SMITH OF CLIFTON
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD FALCONER OF THOROTON
 
144     Page 16, line 9, leave out ("or the Chief Constable") 
  
Clause 32
 
  
BY THE LORD FALCONER OF THOROTON
 
145     Page 16, line 40, leave out ("have regard to") and insert ("be guided by") 
  
THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND
 
146     Page 16, line 40, leave out ("have regard to") and insert ("comply with") 
  
Clause 33
 
  
BY THE LORD ARCHER OF SANDWELL
 
147     Page 17, line 3, leave out ("have regard to") and insert (", except as otherwise approved by the Board, comply with") 
  
Clause 37
 
  
BY THE LORD ARCHER OF SANDWELL
 
148     Page 18, line 30, at end insert--
 
    ("(4)  Any person appointed to the Police Service of Northern Ireland Reserve shall serve only on a part-time basis.")
 
  
Clause 44
 
  
BY THE LORD FALCONER OF THOROTON
 
149     Page 21, line 27, at end insert--
 
    ("(  )  In making regulations under this section, the Secretary of State shall have regard, in particular, to the need to secure that information is not disclosed contrary to the public interest.")
 
  
BY THE LORD SMITH OF CLIFTON
THE BARONESS HARRIS OF RICHMOND
 
150     Page 21, line 28, leave out subsections (4) to (6) 
  
BY THE LORD COOKE OF ISLANDREAGH
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
THE LORD ROGAN
 
151     Page 21, line 29, leave out from ("provision") to end of line 40 and insert ("for measures to be taken to ensure that the composition of the police service is representative of the population of Northern Ireland.
 
    (4A)  For the purposes of subsection (4) targets shall be set and schemes shall be put in place with the aim of encouraging applications from persons who are under-represented in the police service.
 
    (4B)  Before devising any schemes under subsection (4A) the Chief Constable shall consult--
    (a)  the Board;
    (b)  the Equality Commission for Northern Ireland; and
    (c)  the Police Association.
    (4C)  The Chief Constable shall report annually to the Secretary of State on the progress being made in the fulfilment of the aim set out in subsection (4A).")
 
  
BY THE LORD DESAI
 
152     Page 21, line 37, leave out ("6") and insert ("2") 
  
After Clause 44
 
  
BY THE LORD FALCONER OF THOROTON
 
153     Insert the following new Clause-- 
     ("  .--(1)  In exercising its functions in relation to the appointment of senior officers, the Board shall take such steps as it considers necessary to encourage applications for appointment from suitably qualified external candidates.
 
    (2)  In exercising his functions in relation to the appointment of police officers (other than senior officers), the Chief Constable shall take such steps as he considers necessary to encourage applications for appointment from suitably qualified external candidates.
 
    (3)  In complying with subsections (1) and (2), the Board and the Chief Constable shall have regard to the progress which has been made towards securing that membership of the police is representative of the community in Northern Ireland.
 
    (4)  Suitably qualified external candidates" means candidates who--
    (a)  are not currently serving in the police; and
    (b)  satisfy the qualifications for appointment which--
          (i)  are prescribed in regulations made under section 25 or 26 of the 1998 Act; or
          (ii)  are otherwise determined for the rank in question.")
Recruitment arrangements: other ranks.
 
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