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

House of Lords

back to previous amendments

 

Clause 47

 

THE LORD BASSAM OF BRIGHTON

98Page 40, line 37, at end insert—
"(2A)  In so far as subsection (2) has effect in relation to—
(a)  information that has been obtained under or by virtue of the provisions of Part 5 of the Fair Trading Act 1973 (c. 41) (mergers); or
(b)  information that has been obtained, for the purpose of facilitating the exercise by a relevant authority of functions under Part 5 of that Act, under or by virtue of the provisions of Part 8 of that Act ,
  that subsection shall have effect as if, in paragraphs (a) and (b), for "whether in the United Kingdom or elsewhere" there were substituted "in the United Kingdom"."
 

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

99Page 40, line 37, at end insert—
"(2A)  Information shall not be disclosed by virtue of this section except with the consent of the appropriate judicial authority."
 

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

100*Page 40, line 37, at end insert—
"(   )  Disclosure of information under this section for overseas criminal proceedings or investigations shall only be permitted where the conduct in question to which the proposed disclosure of the information relates amounts to a criminal offence in both the United Kingdom and in the country of countries to which the information is to be disclosed.
(   )  Disclosure of information shall not be permitted where the information in question relates to an agreement or decision by an association of undertakings or concerted practice which may affect trade between Member States of the EU."
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

101Page 40, line 38, leave out subsections (3) and (4)
 

THE LORD BASSAM OF BRIGHTON

102Page 41, line 8, at end insert—
"(5A)  In this section "relevant authority" means the Secretary of State, the Director General of Fair Trading or the Competition Commission."
 

Clause 48

 

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

103Page 41, line 14, after "(2)" insert ", (2A)"
104Page 41, line 23, after "47" insert "or 49"
105Page 41, line 24, leave out "that section" and insert "either of those sections"
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

106Page 41, line 45, leave out subsection (4)
107Page 42, line 1, leave out paragraph (b)
108Page 42, line 33, leave out subsection (10)
 

Clause 49

 

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

109Page 43, line 6, at end insert ", and
(b)  with the consent of the appropriate judicial authority"
110Page 43, line 26, at end insert—
"(   )  Section 4A of the Inland Revenue Regulation Act 1890 (c. 21) and section 8 of the Customs and Excise Management Act 1979 (c. 2) do not apply to the exercise of the authority of the Commissioners under this section."
 The above-named Lords give notice of their intention to oppose the Question that Clause 49 stand part of the Bill.
 

After Clause 49

 

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

111Insert the following new Clause—
  "Consent by appropriate judicial authority
(1)  The appropriate judicial authority shall give its consent under section 48(2A) or 49(3) only if it is satisfied that the person seeking to disclose information has reasonable grounds for believing that a crime has been committed.
(2)  The authority may give its consent subject to any conditions or to any restrictions on the use of the information that it thinks appropriate."
112Insert the following new Clause—
  "Disclosure of information: application hearing
(1)  Any person affected, or likely to be affected, by the disclosure of information for which consent under section 47(2A) or 49(3) is applied for shall be informed of that application and shall be entitled to attend and to be heard at the hearing of the application.
(2)  Subsection (1) above shall not apply if the appropriate judicial authority is satisfied that the criminal investigations or criminal proceedings which are the purpose of the intended disclosure under section 47(2) or 49(2) would be significantly impaired."
113Insert the following new Clause—
  "Application to disclose information to persons outside the United Kingdom
  Where an application under section 47(2A) or 49(3) is made to disclose information to a person outside the United Kingdom, the appropriate judicial authority shall take into account—
(a)  whether the person to whom information is to be disclosed can be relied upon to use the information only for the purposes for which it is intended to be provided;
(b)  whether the penalties that could result from related criminal proceedings are significantly more severe than could be applied if the crime were committed in the United Kingdom; and
(c)  whether the country in which criminal proceedings could take place is a signatory to the United Nations Convention on Human Rights."
114Insert the following new Clause—
  "Disclosure of information: offence
  A person who discloses information to which sections 47 and 49 apply otherwise than in accordance with those sections shall be guilty of an offence and be liable—
(a)  on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both; or
(b)  on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or to both."
 

Clause 50

 

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

115Page 43, line 28, at end insert—
  ""appropriate judicial authority" means—
(a)  in relation to England and Wales, a judge of the Crown Court;
(b)  in relation to Scotland, a sheriff;"
116Page 43, line 35, leave out "or" and insert "and"
 

Clause 51

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

117Page 45, line 7, at end insert "; and
(f)  in the case of material held in electronic form, whether it would be reasonably practicable for the material to be copied on those premises"
118Page 45, line 8, leave out subsection (4)
 

Clause 52

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

119Page 46, line 21, leave out subsection (4)
 

Clause 53

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

120Page 47, line 7, after "attach" insert "within the premises"
121Page 47, line 7, leave out "to the premises"
122Page 47, line 7, leave out "to" and insert "within, or on the exterior of,"
 

Clause 60

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

123Page 52, line 39, at end insert—
"(   )  An application made under subsection (2) shall be heard by the appropriate judicial authority within 48 hours of it being made."
124Page 53, line 28, after "return" insert "within such reasonable period of time as the authority shall specify"
 

Clause 62

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

125Page 56, line 21, at end insert—
"(   )  The duty to secure that arises under this section is also a duty of the person for the time being having possession, in consequence of the seizure, of the seized property to secure that arrangements are in force that ensure that any material (including any documents, photographs and material in electronic form) in the possession of any person that has been created as a consequence of the seizure of the seized property prior to the giving of the notice of the application under section 61(1) is not at any time—
(a)  further examined or copied, or
(b)  put to any other use,
  except with the consent of the applicant or in accordance with the direction of the appropriate judicial authority."
126Page 56, line 22, leave out "Subsection (1)" and insert "Subsections (1) and (1A)"
 

Clause 70

 

THE LORD BASSAM OF BRIGHTON

127Page 63, line 33, leave out "modify any enactment that makes" and insert "make any modification of any enactment making"
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

128Page 63, line 33, leave out "modify" and insert "make any modification, which the Secretary of State considers appropriate in consequence of any provision made by virtue of paragraph (a), to"
129Page 63, line 34, leave out from "under" to end of line 35 and insert "such a provision"
 

THE LORD BASSAM OF BRIGHTON

130Page 63, line 35, at end insert "which the Secretary of State considers appropriate in consequence of any provision made by virtue of that paragraph"
131Page 64, leave out line 2
 

Clause 83

 

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.""
 

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."
 

After Clause 105

 

THE LORD BASSAM OF BRIGHTON

134*Insert 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)"

 
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©Parliamentary copyright 2001
27 April 2001