House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Amendments to the Police (Northern Ireland) Bill [HL]

Police (Northern Ireland) Bill [HL]


AMENDMENTS
TO BE MOVED
ON THIRD READING


 

After Clause 3

 

THE LORD WILLIAMS OF MOSTYN

Insert the following new Clause—
  "Contracts relating to detention and escort services
  After section 5 of the Police (Northern Ireland) Act 2000 (c. 32) insert—
    "5AContracts relating to detention and escort services
    (1)  The Board may enter into a contract with another person for the provision of services relating to the detention or escort of persons who have been arrested or are otherwise in custody.
    (2)  The powers of the Board under this section shall be exercised, on behalf of and in the name of the Board, by the Chief Constable.
    (3)  The power conferred by this section is subject to any regulations under section 40 of the 1998 Act.""
 

Clause 8

 

THE LORD WILLIAMS OF MOSTYN

Page 6, line 4, leave out "and (3)" and insert "to (3A)"
Page 6, line 12, leave out subsection (3) and insert—
"(3)  In subsection (4) for the words from "in order to" to the end substitute "for either or both of the purposes mentioned in subsection (4A)."
(3A)  After subsection (4) insert—
    "(4A)  The purposes are—
    (a)  exempting the Chief Constable from the obligation to report to the Board information which, in the opinion of the Secretary of State, ought not to be disclosed on any of the grounds mentioned in section 76A(1);
    (b)  imposing on the Chief Constable an obligation to supply any such information to the committee constituted by the Board under paragraph 24(1A) of Schedule 1.
    (4B)  Subsection (4D) applies if—
    (a)  a requirement to submit a report has been made under subsection (1);
    (b)  the Chief Constable has not referred the requirement to the Secretary of State under subsection (3);
    (c)  the Chief Constable is of the opinion that a report in compliance with the requirement would include information of a kind mentioned in paragraph (a) or (b) of subsection (4C).
    (4C)  The information is—
    (a)  information the disclosure of which would be likely to put an individual in danger, or
    (b)  information which ought not to be disclosed on any of the grounds mentioned in section 76A(1).
    (4D)  The Chief Constable may, instead of including the information in the report to the Board, supply it to the committee constituted by the Board under paragraph 24(1A) of Schedule 1.
    (4E)  If the Chief Constable supplies information to the committee under subsection (4D) he shall include a summary of it in the report to the Board.
    (4F)  In preparing a summary under subsection (4E) the Chief Constable shall take into account the views of the committee.
    (4G)  Subsection (4H) applies if—
    (a)  the Chief Constable supplies information to the committee under subsection (4D), or
    (b)  the Chief Constable includes information in a report to the Board and is of the opinion that the information is information of a kind mentioned in paragraph (a) or (b) of subsection (4C).
    (4H)  The Chief Constable must—
    (a)  inform the Secretary of State that the information has been included in a report to the Board or supplied to the committee;
    (b)  inform the Secretary of State and the recipient of the information that, in his opinion, the information is information of a kind mentioned in paragraph (a) or (b) of subsection (4C).""
Page 6, line 13, leave out "(3)" and insert "(3A)"
 

Clause 9

 

THE LORD WILLIAMS OF MOSTYN

Page 6, line 25, leave out "and (3)" and insert "to (3A)"
Page 6, line 33, at end insert—
"(3A)  After subsection (10) insert—
    "(10A)  Subsection (10B) applies if the Chief Constable supplies to a person conducting an inquiry under this section any information which in the opinion of the Chief Constable is—
    (a)  information the disclosure of which would be likely to put an individual in danger, or
    (b)  information which ought not to be disclosed on any of the grounds mentioned in section 76A(1).
    (10B)  The Chief Constable must—
    (a)  inform the Secretary of State and the Board that the information has been supplied to the person conducting the inquiry;
    (b)  inform the Secretary of State, the Board and the person conducting the inquiry that, in his opinion, the information is information of a kind mentioned in paragraph (a) or (b) of subsection (10A).""
Page 6, line 34, leave out "(3)" and insert "(3A)"
 

Clause 10

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN
THE LORD LAIRD

Leave out Clause 10
 

Clause 11

 

THE LORD WILLIAMS OF MOSTYN

Page 7, line 34, after "investigation," insert—
    "(aa)  his reasons for making that decision,"
Page 8, leave out lines 15 and 16 and insert "is information of a kind mentioned in paragraph (a) or (b) of subsection (4)."
Page 8, line 21, leave out from "information" to end of line 22 and insert "is information of a kind mentioned in paragraph (a) or (b) of subsection (4)."
Page 8, line 22, at end insert—
    "(4)  The information referred to in subsections (2) and (3) is—
    (a)  information the disclosure of which would be likely to put an individual in danger;
    (b)  information which ought not to be disclosed on any of the grounds mentioned in section 76A(1).""
 

Clause 17

 

THE LORD WILLIAMS OF MOSTYN

Page 10, line 19, at end insert—
    "(3)  Subsection (4) applies if the Chief Constable is of the opinion that information which he would otherwise be required to supply to the Board under subsection (1) is information the disclosure of which would be likely to put an individual in danger.
    (4)  The Chief Constable may, instead of supplying the information to the Board, supply it to the committee constituted by the Board under paragraph 24(1A) of Schedule 1.
    (5)  Subsection (6) applies if the Chief Constable supplies the Board or the committee with information which in his opinion is—
    (a)  information the disclosure of which would be likely to put an individual in danger, or
    (b)  information which ought not to be disclosed on any of the grounds mentioned in section 76A(1).
    (6)  The Chief Constable must—
    (a)  inform the Secretary of State that the information has been supplied to the Board or the committee;
    (b)  inform the Secretary of State and the recipient of the information that, in his opinion, the information is information of a kind mentioned in paragraph (a) or (b) of subsection (5)."
 

After Clause 17

 

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

Insert the following new Clause—
  "Appointments to the Police Service of Northern Ireland
  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)  permit the Chief Constable to appoint to the Police Service of Northern Ireland persons of any rank from other constabularies within the United Kingdom as he deems appropriate; and
(b)  permit the Chief Constable, as he deems appropriate, in making an appointment under paragraph (a), to exempt those persons from such entry procedures as are normally applicable to direct appointees to the Police Service of Northern Ireland."
 

Before Clause 19

 

THE LORD WILLIAMS OF MOSTYN

Insert the following new Clause—
  "Restriction on disclosure of information
  After section 74 of the Police (Northern Ireland) Act 2000 (c. 32) insert—
    "74ARestriction on disclosure of information
    (1)  This section applies if information is supplied in the circumstances mentioned in subsection (2), (3) or (4).
    (2)  The circumstances are that—
    (a)  the information is supplied by the Chief Constable to a person conducting an inquiry under section 60;
    (b)  the person has been appointed under section 60(9) to conduct the inquiry;
    (c)  the Chief Constable informs the person that, in his opinion, the information is information of a kind mentioned in section 60(10A)(a) or (b).
    (3)  The circumstances are that—
    (a)  the information is supplied by the Chief Constable under section 33A or 59 to the Board or the committee constituted by the Board under paragraph 24(1A) of Schedule 1;
    (b)  the Chief Constable informs the Board or the committee under section 33A(6) or 59(4H) that, in his opinion, the information is information of a kind mentioned in section 33A(5)(a) or (b) or section 59(4C)(a) or (b).
    (4)  The circumstances are that—
    (a)  the information is supplied by a person conducting an inquiry under section 60 to the committee constituted by the Board under paragraph 24(1A) of Schedule 1;
    (b)  the information was supplied to the person conducting the inquiry in the circumstances mentioned in subsection (2).
    (5)  If information is supplied in the circumstances mentioned in subsection (2), the information must not be disclosed by the person who is conducting or has conducted the inquiry or by a person who is or has been a member of staff of the Board except—
    (a)  to a member of the staff of the Board who is assisting in the conduct of the inquiry;
    (b)  to the Secretary of State;
    (c)  to the Chief Constable;
    (d)  to the Ombudsman in connection with an investigation under section 60A of the 1998 Act;
    (e)  to the committee constituted by the Board under paragraph 24(1A) of Schedule 1;
    (f)  for the purposes of any criminal, civil or disciplinary proceedings;
    (g)  in the form of a summary or other general statement made by the person the terms of which have been agreed with the Chief Constable.
    (6)  If information is supplied in the circumstances mentioned in subsection (3) or (4), the information must not be disclosed by a person who is or has been a member of the Board or a member of the staff of the Board except—
    (a)  in the case of information supplied to the Board, to a member of the Board or a member of the staff of the Board;
    (b)  in the case of information supplied to the committee constituted by the Board under paragraph 24(1A) of Schedule 1, to a member of the committee or a member of staff of the Board who provides services to the committee;
    (c)  to the Secretary of State;
    (d)  to the Chief Constable;
    (e)  to the Ombudsman in connection with an investigation under section 60A of the 1998 Act;
    (f)  for the purposes of any criminal, civil or disciplinary proceedings;
    (g)  in the form of a summary or other general statement made by the Board the terms of which have been agreed with the Chief Constable.
    (7)  Any person who discloses information in contravention of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
    (8)  In this section "member of the staff of the Board" means—
    (a)  a person employed by the Board under paragraph 13(1) of Schedule 1;
    (b)  a person employed in the civil service who provides assistance for the Board in pursuance of arrangements made under paragraph 13(2) of Schedule 1.""
Insert the following new Clause—
  "Special committee of the Board
(1)  Paragraph 24 of Schedule 1 to the Police (Northern Ireland) Act 2000 (c. 32) (committees of the Board) is amended as set out in subsections (2) and (3).
(2)  In sub-paragraph (1) after "The Board may" insert ", subject to sub-paragraphs (1A) and (1B)".
(3)  After sub-paragraph (1) insert—
    "(1A)  The Board shall constitute a committee of 5 of its members for the purpose of—
    (a)  handling information supplied to it by the Chief Constable under section 33A or 59;
    (b)  performing such other functions of the Board as may be delegated to it by the Board.
    (1B)  The members of the committee constituted under sub-paragraph (1A)—
    (a)  shall be appointed by the Board;
    (b)  shall include the chairman or vice-chairman of the Board (or both of them);
    (c)  shall as far as practicable be representative of the Board.""
 

Clause 19

 

THE LORD WILLIAMS OF MOSTYN

Page 11, line 9, leave out from second "information" to end of line 11
Page 11, line 18, leave out from first "matter" to end of line 19
 

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

Page 11, line 21, at end insert—
    "(   )  Where it appears to the Chief Constable that the disclosure of information under section 59 or the holding of an inquiry under section 60 would be likely to prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, he may refer any such request to Her Majesty's Inspector of Constabulary."

 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
29 January 2003