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Amendments to the Police (Northern Ireland) Bill [HL]

Police (Northern Ireland) Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 19th December 2002, as follows—

Clauses 1 to 20
Schedule 1
Clause 21
Schedule 2
Clauses 22 to 26
Schedule 3
Clauses 27 and 28

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

1Page 1, line 5, leave out subsection (1)
 

THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND

2*Page 1, line 8, leave out from "shall" to "to" in line 9 and insert "obtain the agreement of the Board"
 

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

3Page 1, line 8, leave out from "Board" to end of line 9
 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

4Page 1, line 14, at end insert—
"(2B)  Nothing in subsection (2) above shall prevent the Secretary of State from determining or revising objectives under this section.""
5Page 1, line 15, leave out subsection (2)
 

THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND

6*Page 1, line 18, leave out from "shall" to "to" in line 19 and insert "obtain the agreement of the Board"
 

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

7Page 1, line 18, leave out from "Board" to end of line 19
 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

8Page 2, line 5, at end insert—
"(2B)  Nothing in subsection (2) above shall prevent the Secretary of State from issuing or revising a code of practice under this section.""
 

Clause 2

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

9Page 2, line 9, leave out subsection (2)
 

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

 The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.
 

Clause 3

 

THE LORD WILLIAMS OF MOSTYN

10Page 2, line 13, leave out "Paragraph 19" and insert "In paragraph 19(2)"
11Page 2, line 14, leave out from "Board)" to "for" in line 15
 

THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND

12*Page 2, line 15, leave out "eight" and insert "twelve"
 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

13Page 2, line 16, leave out subsection (3) and insert—
"(3)  In sub-paragraph (3) for "28" substitute "14"."
 

THE LORD WILLIAMS OF MOSTYN

14Page 2, line 16, leave out "Sub-paragraph (3)" and insert "Paragraph 19(3) of Schedule 1 to that Act"
15Page 2, line 17, leave out "Subsections (1) to (3) have" and insert "Subsection (1) has"
 

Clause 4

 

THE LORD WILLIAMS OF MOSTYN

16Page 3, line 27, after "77" insert "(1)"
 

Clause 5

 

THE LORD WILLIAMS OF MOSTYN

17Page 3, line 43, leave out "Service of Northern Ireland"
 

Clause 8

 

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

 The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill.
 

Clause 9

 

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

 The above-named Lords give notice of their intention to oppose the Question that Clause 9 stand part of the Bill.
 

Clause 10

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

18Page 6, line 41, leave out "subsections (2) and" and insert "subsection"
19Page 6, line 42, leave out subsection (2)
20Page 7, line 3, leave out ""8"" and insert ""11""
21Page 7, line 4, leave out ""7"" and insert ""10""
22Page 7, line 5, leave out ""6"" and insert ""9""
 

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN
THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

 The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill.
 

Clause 11

 

THE LORD WILLIAMS OF MOSTYN

23Page 7, line 13, after "a" insert "current"
24Page 7, line 15, leave out from "that" to end of line 16 and insert "it would be in the public interest to investigate the practice or policy"
25Page 7, line 16, at end insert—
"(1A)  But subsection (1) does not authorise the Ombudsman to investigate a practice or policy to the extent that the practice or policy is concerned with conduct of a kind mentioned in section 65(5) of the Regulation of Investigatory Powers Act 2000 (c. 23) (conduct which may be within jurisdiction of tribunal established under section 65 of that Act)."
26Page 7, line 18, leave out "must" and insert "shall"
 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

27Page 7, line 22, at end insert—
"(   )  No investigation under this section shall extend to events or incidences that occurred before the coming into force of this section."
28Page 7, line 24, at end insert "; and
(b)  send a copy of his report to the Secretary of State."
29Page 7, leave out lines 25 to 30 and insert—
"(4)  When an investigation under this section has been completed the Ombudsman shall report on it to the Secretary of State, if requested to do so.""
 

THE LORD WILLIAMS OF MOSTYN

30Page 7, line 28, leave out "an enactment" and insert "a statutory provision"
31Page 7, line 36, leave out from beginning to end of line 11 on page 8 and insert—
""(2)  Subsection (3) applies if—
(a)  the Chief Constable or the Board supplies information, or information contained in a document, to the Ombudsman under subsection (1) for the purposes of or in connection with an investigation under section 60A of the 1998 Act;
(b)  the person supplying the information is of the opinion that it ought not to be disclosed on any of the grounds mentioned in section 76A(1).
(3)  The person supplying the information must—
(a)  inform the Secretary of State that the information has been supplied to the Ombudsman;
(b)  inform the Secretary of State and the Ombudsman that, in his or its opinion, the information ought not to be disclosed on any of the grounds mentioned in section 76A(1).""
 

Clause 12

 

THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND

32*Page 8, line 19, at end insert ", including in terms of gender and ethnicity"
 

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

 The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.
 

Clause 13

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

33Page 8, leave out lines 25 and 26 and insert—
"(a)  from membership of a DPP for a period of three years; or
(b)  permanently from membership of a DPP if his failure to make the necessary disclosure under paragaph 7 was intentional."
 

THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND

34*Page 8, line 25, leave out "for" and insert "from seeking"
 

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

35Page 8, line 25, leave out from "DPP" to end of line 26 and insert "for a period of five years"
 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

36Page 8, line 26, at end insert—
"(1B)  Any person removed from office under paragraph 7(1) will be presumed to have intentionally failed to make the necessary disclosure for the purposes of sub-paragraph (1A) unless the Policing Board determine otherwise.""
 

Clause 15

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

37Page 9, line 13, after "functions" insert "insofar as practicable"
 

THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND

38*Page 9, line 15, leave out "co-operation" and insert "consultation"
39*Page 9, line 15, at end insert ", and
(c)  protecting human rights"
 

Clause 16

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

40Page 9, leave out lines 36 and 37
 The above-named Lords give notice of their intention to oppose the Question that Clause 16 stand part of the Bill.
 

Clause 17

 

THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND

41*Page 10, line 5, leave out "reasonably"
 

Clause 18

 

THE LORD HYLTON

42Page 10, line 15, at end insert "or longer, by agreement with another police service"
 

THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND

43*Page 10, line 15, at end insert—
"(1A)  The Board may appoint a person of the rank of senior officer to the Police Service of Northern Ireland for a fixed term not exceeding three years."
44*Page 10, line 16, leave out "subsection (1)" and insert "subsections (1) and (1A)"
 

THE LORD HYLTON

45Page 10, leave out lines 18 and 19
 

THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND

46*Page 10, line 22, leave out "subsection (1)" and insert "subsections (1) and (1A)"
 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

 The above-named Lords give notice of their intention to oppose the Question that Clause 18 stand part of the Bill.
 

After Clause 18

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

47Insert the following new Clause—
  "Removal of discrimination from recruitment
(1)  In Part 6 of the Police (Northern Ireland) Act 2000 (c. 32) for section 46 substitute—
"46Under-representation
(1)  In making appointments under section 39 the Chief Constable may take such steps as he determines appropriate to encourage applications by persons currently under-represented in the police service.
(2)  In making appointments to the police support staff under section 4(3) the Chief Constable (acting by virtue of subsection (5) of that section) may take such steps as he determines appropriate to encourage applications by persons currently under-represented in the police support staff.
(3)  For the purposes of this section "persons currently under-represented" means persons forming part of a social group by virtue of their sex, religion, ethnicity or sexual orientation who at the time of consideration by the Chief Constable are under-represented."
(2)  In Part 6 of the Police (Northern Ireland) Act 2000 (c. 32) leave out section 47."
 

THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND

48*Insert the following new Clause—
  "Discrimination in appointments: expiry, renewal and repeal of temporary provisions
  In section 47(3) of the Police (Northern Ireland) Act 2000, for "three years" substitute "one year"."
49*Insert the following new Clause—
  "Discrimination in appointments: expiry, renewal and repeal of temporary provisions (No. 2)
  After section 47(5) of the Police (Northern Ireland) Act 2000, there shall be inserted—
"(6)  The temporary provisions shall expire on the tenth anniversary of commencement"."
 

Clause 19

 

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

50Page 10, line 36, leave out from beginning to end of line 14 on page 11
 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

51*Page 11, line 2, leave out "personnel" and insert "personal"
52Page 11, line 3, leave out "would be likely to" and insert "may"
53Page 11, line 6, at end insert—
"(d)  the information would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders."
54*Page 11, line 11, leave out "personnel" insert "personal"
55Page 11, line 11, leave out "would be likely to" and insert "may"
56Page 11, line 14, at end insert—
"(d)  the inquiry would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders."
57*Page 11, leave out lines 15 to 17
58*Page 11, leave out lines 18 to 20
59*Page 11, leave out lines 21 to 23
 

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

 The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill.
 

Clause 20

 

THE LORD SMITH OF CLIFTON
THE BARONESS HARRIS OF RICHMOND

60*Page 12, line 2, leave out "adequate" and insert "full"
 

THE LORD HYLTON

61Page 12, line 5, leave out subsection (3)
 

Schedule 1

 

THE LORD SMITH OF CLIFTON
THE BARONESS HARRIS OF RICHMOND

62*Page 23, line 39, at end insert "whom he reasonably suspects to be in possession of an object that is likely to cause harm or injury"
63*Page 24, line 32, at end insert "whom he reasonably suspects to be in possession of an object that is likely to cause harm or injury"
 

Schedule 3

 

THE LORD WILLIAMS OF MOSTYN

64Page 27, leave out lines 15 and 16

 
 
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©Parliamentary copyright 2003
7 January 2003