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

Police (Northern Ireland) Bill [HL]


REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 20th January 2003, 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 GLENTORAN
THE VISCOUNT BRIDGEMAN

2Page 1, line 12, after "Constable" insert "with a view to obtaining his agreement to the proposed objectives or revision"
 

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

3Page 1, line 14, at end insert—
    "(2B)  Nothing in subsection (2) shall prevent the Secretary of State from determining or revising objectives under this section.""
 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

4Page 1, line 15, leave out subsection (2)
 

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

5Page 2, line 6, after "Constable" insert "with a view to obtaining his agreement to the proposed code of practice or revision"
 

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

6Page 2, line 8, at end insert—
    "(2B)  Nothing in subsection (2) 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

7Page 2, line 12, leave out subsection (2)
 

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

8Leave out Clause 2
 

Clause 3

 

THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND

9Page 2, line 16, leave out subsection (1)
 

Clause 8

 

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

10Leave out Clause 8
 

Clause 9

 

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

11Leave out Clause 9
 

Clause 10

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

12Page 7, line 4, leave out "subsections (2) and" and insert "subsection"
13Page 7, line 5, leave out subsection (2)
14Page 7, line 11, leave out ""8"" and insert ""11""
15Page 7, line 12, leave out ""7"" and insert ""10""
16Page 7, line 13, leave out ""6"" and insert ""9""
 

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

17Leave out Clause 10
 

Clause 11

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

18Page 7, line 30, at end insert—
    "(2A)  No investigation under this section shall extend to events or incidents that occurred before the coming into force of this section."
 

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

19Page 7, line 36, at end insert ", and
(   )  the reasons for his decision to conduct the investigation."
 

Clause 13

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

20Page 8, leave out lines 36 and 37 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 paragraph 7 was intentional."
21Page 8, line 37, 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.""
 

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

22Leave out Clause 13
 

Clause 15

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

23Page 9, line 22, after "functions" insert "insofar as practicable"
 

Clause 16

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

24Page 10, leave out lines 8 and 9
25Leave out Clause 16
 

Clause 17

 

THE LORD WILLIAMS OF MOSTYN

26Page 10, line 14, leave out "reasonably"
 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

27Leave out Clause 17
 

After Clause 17

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

28Insert 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."
29Insert the following new Clause—
  "Discrimination in appointments
(1)  In section 46 of the Police (Northern Ireland) Act 2000 (c. 32) (discrimination in appointments), for subsection (3) substitute—
    "(3)  The Secretary of State shall make an order under subsection (2) in relation to the making of appointments under section 39 if he is satisfied that—
    (a)  were those appointments to be made in compliance with subsection (1) (as originally enacted) the number of police trainees which the Chief Constable requires to be appointed on that occasion could not be appointed; or
    (b)  the number of serving officers is below that intended at the time of consideration."
(2)  In section 46 of the Police (Northern Ireland) Act 2000, for subsection (7) substitute—
    "(7)  The Secretary of State shall make an order under subsection (6) in relation to the making of appointments under section 4 if he is satisfied that—
    (a)  were those appointments to be made in compliance with subsection (5) (as originally enacted) the number of police support staff which the Chief Constable requires to be appointed on that occasion could not be appointed; or
    (b)  the number of police support staff employed is below that intended at the time of consideration.""
 

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

29A*Insert the following new Clause—
  "Appointments to the Police Service of Northern Ireland
(1)  The Secretary of State may, at the request of a majority of the Policing Board, and acting on the recommendation of the Chief Constable, by order—
(a)  suspend the provisions of section 46 of the Police (Northern Ireland) Act 2000 (c. 32) for a maximum period of six months; and
(b)  permit the Chief Constable to appoint to the Police Service of Northern Ireland persons from other constabularies within the United Kingdom as he deems appropriate.
(2)  An order may not be made under this section unless a draft of that order has been laid before, and approved by resolution of, both Houses of Parliament."
 

Clause 18

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

30Leave out Clause 18
 

After Clause 18

 

THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND

31Insert the following new Clause—
  "
  In section 47(3) of the Police (Northern Ireland) Act 2000 (c. 32) (expiry, renewal and repeal of temporary provisions), for "three years" substitute "one year"."
32Insert the following new Clause—
  "
  After section 47(5) of the Police (Northern Ireland) Act 2000 (c. 32) (expiry, renewal and repeal of temporary provisions), there shall be inserted—
    "(6)  The temporary provisions shall expire on the tenth anniversary of commencement.""
 

Clause 19

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

33Page 11, line 13, 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."
34Page 11, line 21, 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."
 

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

35Leave out Clause 19
 

Clause 20

 

THE LORD WILLIAMS OF MOSTYN

36Page 12, line 10, leave out "subsection (1)" and insert "this section"
 

THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND

37Page 12, line 15, leave out "adequate" and insert "full"
 

THE LORD WILLIAMS OF MOSTYN

38Page 12, line 17, after "conferred" insert "or imposed"
39Page 12, line 18, leave out "designated person" and insert "person designated under this section"
40Page 12, line 21, after "designation" insert "under this section"
41Page 12, line 23, leave out "designated person" and insert "person designated under this section"
42Page 12, line 24, after "are" insert "any or all of"
43Page 12, line 26, after "designated" insert "under this section"
44Page 12, line 27, after "designated" insert "under this section"
45Page 12, line 28, after "designated" insert "under this section"
46Page 12, line 29, leave out "designated person" and insert "person designated under this section"
47Page 12, line 36, leave out "designated person" and insert "person designated under this section"
48Page 13, line 1, leave out "designated person" and insert "person designated under this section"
49Page 13, line 8, leave out subsections (11) and (12)
 

After Clause 20

 

THE LORD WILLIAMS OF MOSTYN

50Insert the following new Clause—
  "Police powers for designated contracted-out staff
(1)  This section applies if the Board has entered into a contract with a person ("the contractor") for the provision of services relating to the detention or escort of persons who have been arrested or are otherwise in custody.
(2)  The Chief Constable may designate an employee of the contractor as an officer of either or both of these descriptions—
(a)  detention officer;
(b)  escort officer.
(3)  The Chief Constable may designate a person under this section only if he is satisfied that these requirements are met—
(a)  the person is a suitable person to carry out the functions for the purposes of which he is to be designated;
(b)  the person is capable of effectively carrying out those functions;
(c)  the person has received adequate training in the carrying out of those functions and in the exercise of the powers and performance of the duties to be conferred or imposed on him by his designation;
(d)  the contractor is a fit and proper person to supervise the carrying out of the functions for the purposes of which the person is to be designated.
(4)  A person designated under this section has—
(a)  the powers conferred on him by his designation;
(b)  the duties imposed on him by his designation.
(5)  A designation under this section may confer powers or impose duties on a person only by applying the powers or duties to him.
(6)  The powers and duties that may be applied to a person designated under this section by his designation are any or all of those specified in the applicable Part of Schedule 1.
(7)  The applicable Part of Schedule 1 is—
(a)  Part 2, in the case of a person designated under this section as a detention officer;
(b)  Part 3, in the case of a person designated under this section as an escort officer.
(8)  If a power is conferred or a duty imposed on a person designated under this section by his designation—
(a)  the power or duty does not authorise or require him to engage in any conduct otherwise than in the course of his employment as an employee of the contractor;
(b)  the power may be conferred or the duty imposed subject to restrictions or conditions specified in the designation.
(9)  Subsection (10) applies in relation to the exercise of a power by a person designated under this section in reliance on his designation if the power is one which, if exercised by a police officer, includes or is supplemented by a power to use reasonable force.
(10)  The designated person has the same entitlement to use reasonable force as a police officer would have if the power were exercised by him.
(11)  A designation under this section, unless it is previously withdrawn or ceases to have effect under subsection (12), shall remain in force for such period as may be specified in the designation; but it may be renewed at any time with effect from the time when it would otherwise expire.
(12)  A designation under this section shall cease to have effect—
(a)  if the designated person ceases to be an employee of the contractor; or
(b)  if the contract between the Board and the contractor is terminated or expires."

 
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©Parliamentary copyright 2003
23 January 2003