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Police (Northern Ireland) Bill [HL]


 

Police (Northern Ireland) Bill [HL]

COMMONS AMENDMENTS

[The page and line references are to HC Bill 52 as first printed for the Commons.]

Clause 1

1

Page 1, line 12, after “Constable”, insert—

 

           “(aa)              the Ombudsman;

 

           (ab)              the Northern Ireland Human Rights Commission;

 

           (ac)              the Equality Commission for Northern Ireland;”

2

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

After Clause 1

3

Insert the following new Clause—

 

“Codes of practice

 

In section 27 of the Police (Northern Ireland) Act 2000 (c. 32) (codes of

 

practice on exercise of functions) for subsection (2) substitute—

 

           “(2)              Before issuing or revising a code of practice under this section, the

 

Secretary of State shall consult the Board with a view to obtaining

 

its agreement to the proposed code of practice or revision.

 

           (2A)              Before issuing or revising a code of practice under this section, the

 

Secretary of State shall also consult—

 

                  (a)                 the Chief Constable;

 

                  (b)                 the Ombudsman;

 

                  (c)                 the Northern Ireland Human Rights Commission;

 

                  (d)                 the Equality Commission for Northern Ireland; and

 

                  (e)                 such other persons as the Secretary of State considers

 

appropriate.””

Clause 9

4

Page 6, line 26, leave out from “to” to end of line 27 and insert “a special purposes

 

committee.”

5

Page 6, line 42, leave out from second “to” to end of line 43 and insert “a special

 

purposes committee.”

 
HL Bill 5253/2

 

    (  2  )

6

Page 7, line 1, leave out second “the” and insert “a”

7

Page 7, line 2, leave out from “shall” to end of line 5 and insert “prepare a summary

 

of the information.

 

     (4F)       The Chief Constable shall try to obtain the agreement of the committee to

 

the terms of the summary.

 

     (4FA)       If the committee agrees to the terms of the summary, the Chief Constable

 

shall include the summary in the report to the Board.”

8

Page 7, line 7, leave out second “the” and insert “a”

Clause 11

9

Page 8, line 23, leave out “(2) and” and insert “(1A) to”

10

Page 8, line 23, at end insert—

 

     “(1A)       In sub-paragraph (3) for “that day” substitute “the day on which the

 

chairman calls the meeting”.”

11

Page 8, line 34, leave out “held” and insert “called”

Clause 12

12

Page 9, line 30, leave out “, or information contained in a document,”

After Clause 13

13

Insert the following new Clause—

 

“Independent members: declaration against terrorism

 

     (1)    Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) (district policing

 

partnerships) is amended as follows.

 

     (2)    In paragraph 1 (interpretation) after sub-paragraph (3) insert—

 

                       “(3A)                In this Schedule a “declaration against terrorism” means a

 

declaration in the form set out in Part 1 of Schedule 2 to the

 

Elected Authorities (Northern Ireland) Act 1989, with the

 

substitution of the words “if appointed” for the words “if

 

elected”.”

 

     (3)    In paragraph 5 (council’s nominations of independent members) in sub-

 

paragraph (4) after “if” insert “(a)” and after “the DPP” insert—

 

                                          “, or

 

                    (b)                      he has not made a declaration against terrorism”.

 

     (4)    In paragraph 7 (removal of members from office) in sub-paragraph (1) after

 

paragraph (a) insert—

 

                    “(aa)                      in the case of an independent member, he has acted in

 

breach of the terms of a declaration against terrorism;”.

 

     (5)    In paragraph 7 after sub-paragraph (2) insert—

 

                       “(3)                                Section 6 of the Elected Authorities (Northern Ireland) Act 1989

 

applies to determine whether an independent member has acted

 

in breach of the terms of a declaration against terrorism as it


 

    (  3  )

 
 

applies to determine whether a person who has made a

 

declaration required for the purpose of section 3, 4 or 5 of that Act

 

has acted in breach of the terms of the declaration.

 

                       (4)                As applied by sub-paragraph (3), section 6 of the Elected

 

Authorities (Northern Ireland) Act 1989 applies with the

 

following modifications—

 

                    (a)                   in subsection (1), for the words from “after” to “the

 

Assembly” substitute “when he is an independent

 

member of a district policing partnership”;

 

                    (b)                   omit subsection (4);

 

                    (c)                   in subsection (5), in the definition of “public meeting”

 

after paragraph (c) insert—

 

                                   “(d)                                                                             any meeting of a district policing

 

partnership or a committee of a

 

district policing partnership

 

(whether or not a meeting which

 

the public is permitted to

 

attend), and

 

                                   (e)                                      any meeting of a sub-group established

 

under section 21 of the Police

 

(Northern Ireland) Act 2000 or a

 

committee of such a sub-group

 

(whether or not a meeting which

 

the public is permitted to

 

attend), and”.

 

     (6)    Subsections (1) to (5) come into force in accordance with provision made by

 

the Secretary of State by order.”

14

Insert the following new Clause—

 

“Independent members: disqualification

 

     (1)    In paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 2000

 

(c. 32) (disqualification for membership of district policing partnership) for

 

sub-paragraph (2) substitute—

 

                       “(2)                A person is disqualified for being an independent member of a

 

DPP if—

 

                    (a)                   he has been convicted in Northern Ireland or elsewhere of

 

any offence and has had passed on him a sentence of

 

imprisonment or detention, and

 

                    (b)                   the relevant period has not ended.

 

                       (3)                The relevant period is the period of five years beginning with the

 

person’s discharge in respect of the offence.

 

                       (4)                For the purposes of sub-paragraph (3) the following are to be

 

treated as the discharge of a person (whether or not his release is

 

subject to conditions)—

 

                    (a)                   his release on licence;

 

                    (b)                   his release in pursuance of a grant of remission.

 

                       (5)                Sub-paragraph (4) does not apply in relation to the release of a

 

person in respect of an offence if he is required to return to prison

 

or detention for a further period in respect of the offence.


 

    (  4  )

 
 

                       (6)                Subject to sub-paragraph (7), the reference in sub-paragraph (2)

 

to a sentence of imprisonment or detention does not include a

 

suspended sentence.

 

                       (7)                Sub-paragraph (6) does not apply in relation to a suspended

 

sentence that has been ordered to take effect.

 

                       (8)                In this paragraph “suspended sentence” means a sentence of

 

imprisonment or detention that is ordered not to take effect

 

unless the conditions specified in the order are met.”

 

     (2)    Subsection (1) comes into force in accordance with provision made by the

 

Secretary of State by order.”

After Clause 15

15

Insert the following new Clause—

 

“Belfast

 

     (1)    Schedule (Belfast) makes provision in relation to Belfast.

 

     (2)    Subsection (1) comes into force in accordance with provision made by the

 

Secretary of State by order.”

Clause 18

16

Page 11, line 35, after “information”, insert “and documents”

17

Page 12, line 3, after “information”, insert “is—

 

           (a)              information the disclosure of which would be likely to put an

 

individual in danger, or

 

           (b)              information which”

18

Page 12, leave out lines 5 to 11

19

Page 12, line 12, leave out “or the committee”

20

Page 12, line 20, leave out “or the committee”

21

Page 12, line 21, leave out “recipient of the information” and insert “Board”

After Clause 18

22

Insert the following new Clause—


 

    (  5  )

 
 

“Appointment of constables with special policing skills

 

     (1)    The Police (Northern Ireland) Act 2000 (c. 32) is amended as set out in

 

subsections (2) to (5).

 

     (2)    In section 36 (appointments to the Police Service of Northern Ireland) after

 

subsection (3) (training requirements for persons appointed to rank of

 

constable) insert—

 

           “(4)              Subsection (3) does not apply to a person appointed in pursuance

 

of an authorisation under section 47A(1).”

 

     (3)    After section 47 insert—

 

       “47A Appointments to Police Service of Northern Ireland in special

 

circumstances

 

           (1)           The Board may if requested to do so by the Chief Constable

 

authorise the appointment to the rank of constable in the Police

 

Service of Northern Ireland of a specified number of persons—

 

                  (a)                 who have a specified policing skill, but

 

                  (b)                 who have not complied with the requirements in

 

paragraphs (a) and (b) of section 36(3).

 

           (2)           The Board shall not give an authorisation under subsection (1) in

 

relation to persons who have a particular policing skill unless it is

 

satisfied—

 

                  (a)                 that the requirements of subsection (3) are met;

 

                  (b)                 that any further requirements which are specified by it

 

under subsection (4) and which apply in relation to the

 

giving of the authorisation are met.

 

           (3)           The requirements are—

 

                  (a)                 that there is a need for more persons who have the policing

 

skill to be appointed to the rank of constable in the Police

 

Service of Northern Ireland;

 

                  (b)                 that the need cannot be met by the appointment of persons

 

who have complied with the requirements in paragraphs (a)

 

and (b) of section 36(3).

 

           (4)           The Board may specify further requirements which apply in

 

relation to the giving of an authorisation under subsection (1).

 

           (5)           Any requirements specified under subsection (4) may apply in

 

relation to the giving of all authorisations under subsection (1) or to

 

the giving of a particular authorisation or description of

 

authorisation.

 

           (6)           In this section “specified” means specified by the Board.”

 

     (4)    In paragraph 17(4) of Schedule 1 (procedure for Board decisions) for

 

“paragraph 18” substitute “paragraphs 17A and 18”.

 

     (5)    After paragraph 17 of Schedule 1 insert—

 

“Authorisations under section 47A(1)

 

        17A                The Board shall not give an authorisation under section 47A(1)

 

unless a proposal to do so has been approved by each member of


 

    (  6  )

 
 

the Board present and voting on the question at a meeting of the

 

Board.”

 

     (6)    The preceding provisions of this section expire at the end of a period of two

 

years starting on the day on which this Act is passed.

 

     (7)    The Secretary of State may by order amend subsection (6) by substituting

 

“four years” for “two years”.

 

     (8)    An order under subsection (7) may be made only with the prior

 

authorisation of the Board.

 

     (9)    The Board shall not give an authorisation under subsection (8) unless a

 

proposal to do so has been approved by each member of the Board present

 

and voting on the question at a meeting of the Board.

 

     (10)   In paragraph 17(4) of Schedule 1 to the Police (Northern Ireland) Act 2000

 

(c. 32) (procedure for Board decisions) after “18” insert “and section

 

(Appointment of constables with special policing skills)(9) of the Police

 

(Northern Ireland) Act 2003”.

 

     (11)   An order under subsection (7) may not be made after the end of the period

 

of two years specified in subsection (6).”

After Clause 19

23

Insert the following new Clause—

 

“Members of PSNI engaged on other police service

 

In section 27 of the Police (Northern Ireland) Act 1998 (c. 32) (members of

 

Police Service of Northern Ireland engaged on other police service) after

 

subsection (6) insert—

 

           “(6A)              Regulations made by virtue of section 25(3) or (4) in relation to a

 

member of the PSNI who has completed a period of relevant service

 

within subsection (1)(d) may provide for a relevant procedure to be

 

treated for the purposes of the regulations as carried out in

 

accordance with procedures for which provision is made by

 

regulations made by virtue of section 25(3).

 

           (6B)              In subsection (6A) “relevant procedure” means an investigation,

 

hearing or other procedure carried out in relation to the person

 

concerned in a country or territory outside the United Kingdom in

 

connection with the person’s relevant service.””

24

Insert the following new Clause—


 

    (  7  )

 
 

“Protected disclosures by police officers

 

     (1)    After Article 67K of the Employment Rights (Northern Ireland) Order 1996

 

(S.I. 1996/1919 (N.I.16) insert—

 

       “67KA Application of Part VA and related provisions to police

 

           (1)           Paragraph (2) applies for the purposes of—

 

                  (a)                 this Part,

 

                  (b)                 Article 70B and Articles 71 and 72 so far as relating to that

 

Article, and

 

                  (c)                 Article 134A and the other provisions of Part XI so far as

 

they relate to the right not to be unfairly dismissed in a case

 

where the dismissal is unfair by virtue of Article 134A.

 

           (2)           A person who holds, otherwise than under a contract of

 

employment, the office of constable shall be treated as an employee

 

employed by the relevant officer under a contract of employment;

 

and any reference to a worker being “employed” and to his

 

“employer” shall be construed accordingly.

 

           (3)                         In this Article “the relevant officer”—

 

                  (a)                 in relation to a police officer, means the Chief Constable;

 

                  (b)                 in relation to a person holding office under section 9(1)(b) of

 

the Police Act 1997 (police members of the National

 

Criminal Intelligence Service) means the Director General of

 

the National Criminal Intelligence Service; and

 

                  (c)                 in relation to any other person holding the office of

 

constable, means the person who has the direction and

 

control of the body of constables in question.”

 

     (2)    In Article 243(1) of that Order (provisions which do not apply to persons

 

engaged in police service under a contract of employment)—

 

           (a)           omit the words “Part VA,”;

 

           (b)           after “Articles 132” insert “, 134A”;

 

           (c)           after “Article 132” insert “or 134A”.

 

     (3)    Article 16 of the Public Interest Disclosure (Northern Ireland) Order 1998

 

(S.I. 1998/1763 (N.I. 17)) (exclusion of police service from provisions about

 

protected disclosures) shall cease to have effect.

 

     (4)    Subsections (1) to (3) come into force in accordance with provision made by

 

the Secretary of State by order.”

Clause 20

25

Page 13, line 7, after “(2),”, insert “(2A),”

26

Page 13, line 15, at end insert—

 

     “(2A)       The circumstances are that—

 

           (a)           the information is supplied by the Chief Constable under section

 

33A to the Board;

 

           (b)           the Chief Constable informs the Board that, in his opinion, the

 

information is information of a kind mentioned in section 33A(5)(a)

 

or (b).”


 
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