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

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Clause 38
 
  
BY THE LORD ARCHER OF SANDWELL
 
43     Page 18, line 42, at end insert--
 
    ("(  )  Every police officer serving at present shall within three months of the coming into force of this Act, make a declaration in the form prescribed in subsection (1) above before a Justice of the Peace.")
 
  
Clause 43
 
  
BY THE LORD FALCONER OF THOROTON
 
44*     Page 21, line 5, at end insert--
 
    ("(  )  Nothing in this section affects any other power which the Chief Constable has to enter into arrangements concerning the discharge of functions of his which are not prescribed under subsection (1).")
 
  
Clause 46
 
  
BY THE LORD FALCONER OF THOROTON
 
45*     Page 23, line 22, after ("(1)") insert (", (4)") 
  
Clause 48
 
  
BY THE LORD SMITH OF CLIFTON
THE BARONESS HARRIS OF RICHMOND
THE LORD LESTER OF HERNE HILL
 
46*     Page 24, line 32, after ("women") insert (", members of minority ethnic groups, disabled persons and members of other under-represented groups") 
47*     Page 24, line 38, after ("women") insert (", members of minority ethnic groups, disabled persons and members of other under-represented groups") 
  
Clause 51
 
  
BY THE LORD ROGAN
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
 
48*     Page 26, line 9, leave out subsection (2) 
49*     Page 26, line 11, leave out subsection (3) 
  
BY THE LORD FALCONER OF THOROTON
 
50*     Page 26, line 15, at end insert--
 
    ("(  )  The Chief Constable shall publish any guidance issued under subsection (2).")
 
  
BY THE LORD ROGAN
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
 
51*     Page 26, line 16, leave out subsection (4) 
52*     Page 26, line 20, leave out subsection (5) 
53*     Page 26, line 43, leave out ("does") and insert ("could") 
54*     Page 27, line 3, at end insert ("and their need for it is in the course of their employment") 
55*     Page 27, line 10, at end insert--
 
    ("(  ) No information regarding an officer's notifiable membership 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.")
 
56*     Page 27, line 15, leave out from ("that") to end of line 16 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
 
57*     Page 27, line 16, at end insert--
 
    ("(  )  But subsection (10) does not provide a defence if it is shown that the person concerned used his position as a person to whom subsection (7) applies in order to obtain the information.")
 
  
Clause 52
 
  
BY THE LORD HYLTON
 
58*     Page 28, line 8, leave out ("understood the code as currently in force") and insert ("have undertaken to be guided by the code currently in force in the exercise of their general duty under section 32") 
  
BY THE LORD FALCONER OF THOROTON
 
59*     Page 28, line 11, at end insert--
 
    ("(  )  In order to enable it to carry out its function under section 3(3)(d)(iv), the Board shall keep under review the steps taken by the Chief Constable under subsection (8).")
 
  
Clause 53
 
  
BY THE LORD FALCONER OF THOROTON
 
60*     Page 28, line 22, after ("Constable;") insert--
    ("(  )  the Ombudsman;")
 
  
Clause 54
 
  
BY THE LORD DESAI
 
61*     Page 28, line 26, leave out ("may") and insert ("shall") 
62*     Page 28, line 31, at end insert--
 
    ("(  )  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.")
 
63*     Page 28, line 32, leave out ("may") and insert ("shall") 
64*     Page 28, leave out line 34 and insert--
    ("(b)  requiring that only that flag be flown or carried--")
 
65*     Page 28, line 35, leave out ("or") and insert ("and") 
66*     Page 28, line 36, 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 GLENTORAN
THE LORD COPE OF BERKELEY
THE BARONESS SECCOMBE
 
67*     Leave out Clause 54 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; and
    (c)  the Police Association.")
 
  
Clause 60
 
  
BY THE LORD FALCONER OF THOROTON
 
68*     Page 32, line 15, leave out ("facts") and insert ("information") 
69*     Page 32, line 16, leave out ("those facts") and insert ("that information") 
  
BY THE BARONESS HARRIS OF RICHMOND
THE LORD SMITH OF CLIFTON
THE LORD ROGAN
THE LORD LAIRD
 
70*     Page 32, line 26, leave out subsection (15) and insert--
 
    ("(15)  The costs incurred in respect of an inquiry under this section shall be defrayed by the Secretary of State.")
 
  
Clause 64
 
  
BY THE LORD ROGAN
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
 
71*     Page 35, line 3, leave out ("as is") and insert ("or other information as might be reasonably") 
  
Clause 65
 
  
BY THE LORD FALCONER OF THOROTON
 
72*     Page 35, line 34, leave out ("a prescribed person or body") and insert ("--
          (i)  the tribunal constituted under section 65(1) of the Regulation of Investigatory Powers Act 2000, or
          (ii)  a person appointed under Part IV of that Act")
 
  
Schedule 1
 
  
BY THE LORD FALCONER OF THOROTON
 
73*     Page 43, line 2, leave out ("office as Police Ombudsman for Northern Ireland") and insert ("the office of Ombudsman") 
  
BY THE LORD GLENTORAN
THE LORD COPE OF BERKELEY
THE BARONESS SECCOMBE
 
74*     Page 46, line 27, leave out ("after the date of his appointment") 
75*     Page 46, line 33, at end insert--
    ("(f)  the political party of which he is a member is linked to an organisation that has failed to satisfy any of the four factors set out in section 3(9)(a), (b), (c) and (d) of the Northern Ireland (Sentences) Act 1998;
    (g)  any organisation to which he, or the political party of which he is a member is linked, has failed to begin the decommissioning of arms and explosives in a manner verified by the Commission referred to in section 7 of the Northern Ireland Arms Decommissioning Act 1997")
 
76*     Page 46, line 49, at end insert--
    ("(d)  he has at any time been convicted of a scheduled offence under the Northern Ireland (Emergency Provisions) Act 1973, the Northern Ireland (Emergency Provisions) Act 1978, the Northern Ireland (Emergency Provisions) Act 1991, the Northern Ireland (Emergency Provisions) Act 1996 or Part VII of the Terrorism Act 2000;
    (e)  he has at any time been convicted in Northern Ireland or elsewhere of any offence and has had passed on him a sentence of imprisonment (whether suspended or not);
    (f)  the political party of which he is a member is linked to any organisation which has failed to begin the decommissioning of arms and explosives in a manner verified by the Commission referred to in section 7 of the Northern Ireland Arms Decommissioning Act 1997;
    (g)  he is not committed to non-violence and exclusively peaceful and democratic means; or
    (h)  the political party of which he is a member is linked to an organisation that has failed to satisfy any of the four factors set out in section 3(9)(a), (b), (c) and (d) of the Northern Ireland (Sentences) Act 1998")
 
  
BY THE LORD ROGAN
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
 
77*     Page 49, line 28, leave out sub-paragraphs (1) to (4) 
78*     Page 49, line 42, leave out from ("not") to end of line and insert ("cause an inquiry to be held") 
  
Schedule 3
 
  
BY THE LORD ROGAN
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
 
79*     Page 55, line 39, leave out ("in the case of an independent member,") 
  
BY THE LORD GLENTORAN
THE LORD COPE OF BERKELEY
THE BARONESS SECCOMBE
 
80*     Page 55, line 48, at end insert--
 
    ("(  )  The Board, or the council with the approval of the Board, shall remove a person from office as a political or independent member of a DPP if satisfied that--
    (a)  he is not committed to non-violence and exclusively peaceful and democratic means;
    (b)  the political party of which he is a member is linked to an organisation that has failed to begin the decommissioning of arms and explosives in a manner verified by the Commission referred to in section 7 of the Northern Ireland Arms Decommissioning Act 1997;
    (c)  the political party of which he is a member is linked to an organisation that has failed to satisfy any of the four factors set out in section 3(9)(a), (b), (c) and (d) of the Northern Ireland (Sentences) Act 1998;
    (d)  he has at any time been convicted of a scheduled offence under the Northern Ireland (Emergency Provisions) Act 1973, the Northern Ireland (Emergency Provisions) Act 1978, the Northern Ireland (Emergency Provisions) Act 1991, the Northern Ireland (Emergency Provisions) Act 1996 or Part VII of the Terrorism Act 2000.")
 
  
BY THE LORD ROGAN
THE LORD LAIRD
THE LORD MOLYNEAUX OF KILLEAD
 
81*     Page 56, line 1, leave out ("an independent") and insert ("a") 
  
BY THE LORD GLENTORAN
THE LORD COPE OF BERKELEY
THE BARONESS SECCOMBE
THE LORD ROGAN
 
82*     Page 56, line 11, leave out ("an independent") and insert ("a") 
  
BY THE LORD GLENTORAN
THE LORD COPE OF BERKELEY
THE BARONESS SECCOMBE
 
83*     Page 56, line 13, at end insert--
 
    ("(  )  A person is disqualified from being a political or independent member of a DPP if--
    (a)  he has at any time been convicted of a scheduled offence under the Northern Ireland (Emergency Provisions) Act 1973, the Northern Ireland (Emergency Provisions) Act 1978, the Northern Ireland (Emergency Provisions) Act 1991, the Northern Ireland (Emergency Provisions) Act 1996 or Part VII of the Terrorism Act 2000;
    (b)  the political party of which he is a member is linked to an organisation that has failed to begin the decommissioning of arms and explosives in a manner verified by the Commission referred to in section 7 of the Northern Ireland Arms Decommissioning Act 1997;
    (c)  the political party of which he is a member is linked to an organisation that has failed to satisfy any of the four factors set out in section 3(9)(a), (b), (c) and (d) of the Northern Ireland (Sentences) Act 1998;
    (d)  he is not committed to non-violence and exclusively peaceful and democratic means.")
 
  
Schedule 7
 
  
BY THE LORD FALCONER OF THOROTON
 
84*     Page 72, line 40, leave out ("20") and insert ("21") 
 
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