Criminal Justice and Police Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 75

 

THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

 The above-named Lords give notice of their intention to oppose the Question that Clause 75 stand part of the bill.
 

Clause 76

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131GPage 67, line 41, after "persons" insert "throughout the hearing"
131HPage 67, line 44, after "representations" insert "throughout the hearing"
131IPage 68, line 10, at end insert "; and
(c)  it is not reasonably practicable in all the circumstances for the hearing to be conducted in the presence of the applicant to whom the application relates or of any legal representative of that person"
131JPage 68, line 11, at beginning insert "If a judicial authority gives a direction under sub-paragraph (4), it shall state its reasons for doing so when giving the direction; and"
 

Clause 78

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131KPage 69, leave out lines 6 and 7
131LPage 69, leave out lines 10 and 11
131MPage 69, line 12, leave out from "made" to "House" in line 14 and insert "unless a draft of the order has been laid before, and approved by a resolution of, each"
 

Clause 80

 

THE BARONESS WHITAKER

131MA*Page 71, line 8, at end insert—
"(2)  After subsection (7) of section 55 of the 1984 Act there is inserted—
    "(7A)  The Code of Practice issued by the Secretary of State under section 66 shall provide guidance as to the circumstances in which it would be proper to consider that it is not practicable for an intimate search to be conducted by a suitably qualified person.""
 

Clause 81

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131NPage 71, line 13, at end insert—
"(   )  Subsection (1) shall not come into force until the Secretary of State has issued guidance about the circumstances and procedures for the authorisation of the taking of samples under sections 62(1)(a) and (1A)(a), and 63(3)(b) of the 1984 Act."
131PPage 71, line 15, at end insert "(where it is not reasonably practicable for a registered medical practitioner to do so)"
 

Clause 82

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131QPage 72, line 21, at end insert—
"(   )  The relevant law enforcement agency shall ensure that it has adequate controls on the accuracy of records and the circumstances in which searches are permissible and that any other person or agency given access to the records by the agency also has adequate controls."
 

THE LORD McNALLY
THE LORD DHOLAKIA
THE LORD PHILLIPS OF SUDBURY

131RPage 72, leave out lines 28 to 30
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131SPage 72, line 29, leave out "British Islands" and insert "United Kingdom, the Channel Islands or the Isle of Man"
131TPage 72, line 31, after "person" insert ", specified in an order made by the Secretary of State,"
131TAPage 72, line 37, after "person" insert "specified in an order made by the Secretary of State"
131TBPage 72, line 40, leave out "places" and insert "countries"
131TCPage 72, line 43, at end insert—
    "(   )  Any order made by the Secretary of State under subsection (1A)(e) or (f) above shall be made by statutory instrument; and no such order shall be made unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament."
 

THE LORD McNALLY
THE LORD DHOLAKIA
LORD PHILLIPS OF SUDBURY

131TDPage 73, leave out lines 30 and 31
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131TEPage 73, line 31, at end insert—
    "(   )  Prior to the giving of consent in writing under subsection (1C) above, the person giving the consent shall have the provisions of subsection (1D) above drawn to his attention in writing."
 

THE LORD McNALLY
THE LORD LESTER OF HERNE HILL

131TFPage 73, line 31, at end insert—
"(   )  Speculative searches must be appropriate and necessary for the prevention of disorder or crime and any data obtained shall not be further processed in any manner incompatible with that purpose.
(   )  A search will only be appropriate and necessary where there is no reason to believe that the information held by the relevant law-enforcement authority is not accurate and up to date."
 

Clause 83

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131TGPage 74, line 10, leave out "whether"
131THPage 74, line 11, leave out from "Kingdom" to "or" in line 12
 

THE BARONESS KENNEDY OF THE SHAWS

132Page 74, line 21, at end insert—
    "(1C)  Where a person from whom fingerprints or samples are taken is under the age of 18, the fingerprints or samples may be retained, but after 7 years from the time when the person reaches his or her majority, and if no further offence has been committed, the person may apply for the destruction of the said fingerprints or samples.""
 

THE LORD McNALLY
THE LORD DHOLAKIA
THE LORD PHILLIPS OF SUDBURY

132APage 75, leave out lines 1 and 2
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

132BPage 75, line 10, leave out subsection (6)
 

THE LORD McNALLY
THE LORD DHOLAKIA
THE LORD PHILLIPS OF SUDBURY

 The above-named Lords give notice of their intention to oppose the Question that Clause 83 stand part of the Bill.
 

After Clause 83

 

THE BARONESS KENNEDY OF THE SHAWS

133Insert the following new Clause—
  "Maintenance of DNA databank
(1)  All DNA samples shall be kept on a databank with the identity of the persons from whom the samples were taken codified.
(2)  The databank shall be maintained and supervised by an independent body whose authorisation shall be required before access to any such samples takes place.
(3)  Any unauthorised use of DNA samples held on the databank constitutes a criminal offence, carrying a prison sentence of up to 5 years."
 

Clause 84

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

133APage 76, line 45, leave out subsection (6)
 

THE LORD McNALLY
THE LORD DHOLAKIA
THE LORD PHILLIPS OF SUDBURY

 The above-named Lords give notice of their intention to oppose the Question that Clause 84 stand part of the Bill.
 

Clause 89

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

133BPage 79, line 11, at end insert—
"(   )  to determine the curriculum for police training;"
 

Clause 98

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

133CPage 83, line 29, leave out subsection (2)
133DPage 84, line 9, at beginning insert "Except in the case of regulations which make provision for the type specified in subsection (2),"
133EPage 84, line 11, at end insert—
"(   )  Any statutory instrument containing regulations which make provision for the type specified in subsection (2) shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament."
 

Clause 104

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

133FPage 85, line 15, leave out "(including provision modifying this Part)"
 

Clause 105

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

133GPage 86, line 1, leave out "one or more" and insert "not more than two"
133HPage 86, line 1, leave out "one or more vice-chairmen" and insert "a vice-chairman"
133IPage 87, line 31, leave out "only one" and insert "the"
133JPage 87, line 32, leave out "that" and insert "the"
133KPage 87, leave out lines 33 to 35
 

After Clause 105

 

THE LORD BASSAM OF BRIGHTON

134Insert the following new Clause—
  "Political balance on police authorities
(1)  In paragraph 4(1) of Schedule 2 to the 1996 Act (balance of parties on council to be reflected in appointments to police authority), for the words from "the members for" onwards there shall be substituted "in the case of the members for whose appointment it is responsible, the proportion who are members of any given party—
    (a)  where it is a council that is responsible for their appointment, is the same as the proportion of the members of the council who are members of that party; and
    (b)  where it is a joint committee that is so responsible, is the same as the proportion of the members of the relevant councils taken as a whole who are members of that party."
(2)  In paragraph 2(3) of Schedule 2A to that Act (which makes corresponding provision for the Metropolitan Police Authority), for the words from "the members for" onwards there shall be substituted "in the case of the members of the Authority who are members of the London Assembly appointed under this paragraph, the proportion who are members of any given party is the same as the proportion of the members of the London Assembly who are members of that party"."
 

Clause 111

 

THE BARONESS HARRIS OF RICHMOND
THE LORD McNALLY

135Page 93, line 14, at end insert—
    "(1A)  Before making a determination under section 17, the Secretary of State shall have consulted—
    (a)  those who he considers represent the interests of police authorities in England, Wales and Northern Ireland;
    (b)  those who he considers represent the interests of chief officers of police in England, Wales and Northern Ireland;
    (c)  any other persons whom the Secretary of State may determine,
      on—
    (i)  the considerations which he is minded to take into account in making the determination;
    (ii)  the objectives which he has determined for NCIS; and
    (iii)  other such matters as he may determine in order to inform the consultation process, including his assessment of the relative balance of funding, objectives and priorities which he is minded to determine for police authorities in England and Wales."
136Page 93, line 20, at end insert ", including a summary and his assessment of the comments received in response to the consultation process defined in subsection (1A)"
 

Clause 114

 

THE BARONESS HARRIS OF RICHMOND
THE LORD McNALLY

137Page 95, line 34, at end insert—
    "(1A)  Before making a determination under section 62, the Secretary of State shall have consulted—
    (a)  those who he considers represent the interests of police authorities in England, Wales and Northern Ireland;
    (b)  those who he considers represent the interests of chief officers of police in England, Wales and Northern Ireland;
    (c)  any other persons who the Secretary of State may determine, and shall have consulted them,
      on—
    (i)  the considerations which he is minded to take into account in making the determination;
    (ii)  the objectives which he has determined for NCS; and
    (iii)  other such matters as he may determine in order to inform the consultation process, including his assessment of the relative balance of funding, objectives and priorities which he is minded to determine for police authorities in England and Wales."
138Page 95, line 40, at end insert ", including a summary and his assessment of the comments received in response to the consultation process defined in subsection (1A)"

 
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4 May 2001