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

House of Lords

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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)"
 

Clause 116

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

138APage 97, line 5, leave out paragraph (c)
 

Clause 125

 

THE LORD BASSAM OF BRIGHTON

139Page 102, line 40, leave out subsection (6)
 

Clause 126

 

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 126 stand part of the bill.
 

Clause 130

 

THE LORD McNALLY
THE LORD THOMAS OF GRESFORD
THE LORD PHILLIPS OF SUDBURY

 The above-named Lords give notice of their intention to oppose the Question that Clause 130 stand part of the Bill.
 

Clause 131

 

THE EARL OF LISTOWEL

140Page 105, line 31, leave out subsection (2)
141Page 106, leave out line 6
142Page 106, leave out line 19
 

Schedule 8

 

THE LORD BASSAM OF BRIGHTON

143Page 161, line 22, at end insert—
 
  Title and referenceExtent of revocation
 
  The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).Article 64(4)."
 

Clause 139

 

THE LORD McNALLY
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

144Page 112, line 7, after "42," insert "45 and 46"
145Page 112, line 11, at end insert—
"(   )  No power conferred on a local authority or a chief officer of police by sections 45 (extension to older children) or 46 (power for police to make schemes) may be exercised after the end of the initial period.
(   )  In this section "the initial period", means the period of 3 years beginning with the day on which sections 45 and 46 come into force."
 

THE LORD BASSAM OF BRIGHTON

146Page 112, line 18, leave out "37" and insert "(Permitting use of controlled drugs on premises)"
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

147Page 112, line 29, leave out subsection (8)

 
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1 May 2001