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

Police (Northern Ireland) Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED ON
CONSIDERATION OF COMMONS AMENDMENTS


The amendments have been marshalled in accordance with the Order of 2nd April 2003, as follows:

13 to 15, 52, 4-12, 16-21, 25-44, 22-24, 45-47, 53, 1-3, 48-51, 54-57

[Amendments marked * are new or have been altered]

Amendment
No.

 

After Clause 13

13Insert 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 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."
14Insert 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.
(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."
 

COMMONS AMENDMENT NO. 14

14AThe Lord Glentoran to move, as an amendment to the motion that the House do agree with the Commons in their Amendment No. 14, leave out "agree" and insert "disagree".
 

After Clause 13

 

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

14BLine 31, at end insert—
"(3)  No such order shall be made under subsection (2) until such time as the decommissioning section of the Belfast Agreement has been fully implemented and this has been verified by a declaration made by the Commission referred to in section 7 of the Northern Ireland Arms Decommissioning Act 1997."
 

THE LORD ROGAN
THE LORD MAGINNIS OF DRUMGLASS

14C*Line 31, at end insert—
"(3)  The Secretary of State shall not make an order under subsection (2) until acts of completion have occurred.
(4)  In subsection (3), "acts of completion" means—
(a)  that the decommissioning of firearms, ammunition and explosives held by one of the organisations specified under Schedule 2 to the Terrorism Act 2000 has occurred and has been verified under section 3 of the Northern Ireland Arms Decommissioning Act 1997 by the Commission;
(b)  there has been a statement from that organisation ordering the termination of acts of paramilitary violence by that organisation, including—
(i)  shootings;
(ii)  beatings;
(iii)  threats;
(iv)  intimidations; and
(c)  there has been a statement from that organisation removing any threats to those who left their homes due to intimidation by that organisation.
(5)  The Secretary of State may by order add further acts to those listed in subsection (4) above."
 

After Clause 15

15Insert 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."
 

COMMONS AMENDMENT NO. 15

15AThe Lord Glentoran to move, as an amendment to the motion that the House do agree with the Commons in their Amendment No. 15, leave out "agree" and insert "disagree".
 

THE LORD ROGAN
THE LORD MAGINNIS OF DRUMGLASS

15B*Line 5, at end insert—
"(3)  The Secretary of State shall not make an order under subsection (2) until acts of completion have occurred.
(4)  In subsection (3), "acts of completion" means—
(a)  that the decommissioning of firearms, ammunition and explosives held by one of the organisations specified under Schedule 2 to the Terrorism Act 2000 has occurred and has been verified under section 3 of the Northern Ireland Arms Decommissioning Act 1997 by the Commission;
(b)  there has been a statement from that organisation ordering the termination of acts of paramilitary violence by that organisation, including—
(i)  shootings;
(ii)  beatings;
(iii)  threats;
(iv)  intimidations; and
(c)  there has been a statement from that organisation removing any threats to those who left their homes due to intimidation by that organisation.
(5)  The Secretary of State may by order add further acts to those listed in subsection (4) above."
 

Before Schedule 1

52Insert the following new Schedule—
 

"BELFAST

 1      The Police (Northern Ireland) Act 2000 (c.32) is amended as set out in paragraphs 2 to 13.
 2      After section 15 insert—
"15ADefault of council: Belfast sub-groups
(1)  If the Secretary of State is satisfied that the district council for Belfast has failed to comply with—
(a)  section 21(1), or
(b)  any provision of Schedule 3A,
  he may, after consulting the Board, direct the council to take, within such period as is specified in the direction, such action for the purpose of remedying the default as is so specified.
(2)  If the council fails to comply with a direction under subsection (1), the Secretary of State may—
(a)  declare the council to be in default; and
(b)  make an order empowering the Board to exercise the functions of the council to such extent as appears to him necessary or expedient to secure that a sub-group of the council's district policing partnership is established for each police district established under section 20(2).
(3)  An order under subsection (2) may provide for Schedule 3A to have effect in relation to the exercise by the Board of any functions of the council with such modifications as may be specified in the order.
(4)  An order under subsection (2) may confer on the Board power to remove any members of a sub-group of the council's district policing partnership holding office at the date of the order.
(5)  Any costs incurred by the Board under an order under subsection (2) shall in the first instance be defrayed as expenses of the Board, but—
(a)  an amount equal to one quarter of those costs as certified by the Board shall on demand be paid to the Board by the council; and
(b)  any sums demanded under paragraph (a) may be recovered summarily by the Board as a debt.
(6)  A sub-group established in pursuance of an order under subsection (2) shall be treated as having been established under section 21."
 3      In section 17 (annual report by district policing partnership to council) after subsection (1) insert—
"(1A)  Subsection (1) does not apply to the district policing partnership for Belfast."
 4      In section 18 (reports by district policing partnership to Board) after subsection (1) insert—
"(1A)  Subsection (1) does not apply to the district policing partnership for Belfast."
 5      For section 21 substitute—
"21District policing partnership sub-groups for Belfast
(1)  The district council for Belfast shall establish a sub-group of its district policing partnership for each police district established under section 20(2).
(2)  The functions of each sub-group shall be—
(a)  to provide views to the district commander of the sub-group's police district and to the district policing partnership on any matter concerning the policing of that police district;
(b)  to monitor the performance of the police in carrying out—
(i)  the policing plan in relation to the police district; and
(ii)  the local policing plan applying to the police district;
(c)  to make arrangements for obtaining—
(i)  the views of the public about matters concerning the policing of the police district; and
(ii)  the co-operation of the public with the police in preventing crime;
(d)  to act as a general forum for discussion and consultation on matters affecting the policing of the police district.
(3)  The code issued under section 19 may contain guidance as to the exercise by sub-groups of their functions.
(4)  In exercising its functions a sub-group shall have regard to any such guidance contained in the code.
(5)  If the district policing partnership is satisfied that a sub-group is carrying out any of the sub-group's functions in relation to a police district, the partnership is not required to carry out any corresponding function it has in relation to the part of the district comprising the police district.
(6)  Schedule 3A shall have effect in relation to the sub-groups."
 6      After section 21 insert—
"21AAnnual report by sub-groups to Belfast district policing partnership
(1)  A sub-group established under section 21 shall, not later than 2 months after the end of each financial year, submit to the district policing partnership for Belfast a general report on the exercise of its functions during that year.
(2)  A report under subsection (1) shall include details of the arrangements made under section 21(2)(c).
(3)  Before submitting any report under subsection (1), a sub-group shall consult the district commander of its police district."
 7      After section 21A (inserted by paragraph 6 above) insert—
"21BAnnual report by Belfast district policing partnership to council
(1)  The district policing partnership for Belfast shall, not later than 4 months after the end of each financial year, submit to the district council for Belfast a general report on the exercise during that year of—
(a)  its functions;
(b)  the functions of the sub-groups established under section 21.
(2)  When the district policing partnership submits its report under subsection (1) it shall at the same time—
(a)  send to the council copies of the sub-group reports for the year;
(b)  send copies of its report and the sub-group reports for the year to the Board.
(3)  If the district policing partnership has made arrangements under section 16(1)(c) the report under subsection (1) shall include details of the arrangements.
(4)  Before submitting any report under subsection (1), the district policing partnership shall consult the district commander of each police district in the district of Belfast.
(5)  The district council shall arrange for a report submitted under subsection (1) to be published in such manner as appears to the council to be appropriate.
(6)  The district council may arrange for a sub-group report to be published with the report submitted under subsection (1) if—
(a)  the council considers publication of the sub-group report to be appropriate, or
(b)  the district policing partnership has requested the publication of the sub-group report.
(7)  A "sub-group report" is a report submitted to the district policing partnership under section 21A."
 8      After section 21B (inserted by paragraph 7 above) insert—
"21COther reports by sub-groups to Belfast district policing partnership
(1)  A sub-group established under section 21 shall, whenever so required by the district policing partnership for Belfast, submit to the partnership a report on any matter which is specified in the requirement and is connected with the exercise of its functions.
(2)  A report under this section shall be made—
(a)  in such form as may be specified in the requirement under subsection (1); and
(b)  within the period of 2 months from the date on which that requirement is made, or within such longer period as may be agreed between the sub-group and the partnership.
(3)  The partnership may arrange for a report submitted under this section to be published in such manner as appears to the partnership to be appropriate.
(4)  Subsection (3) does not apply if the partnership has imposed the requirement under subsection (1) to enable it to comply with a requirement imposed on it under section 21D(1)."
 9      After section 21C (inserted by paragraph 8 above) insert—
"21DReports by Belfast district policing partnership to Board
(1)  The district policing partnership for Belfast shall, whenever so required by the Board, submit to the Board a report on any matter which is specified in the requirement and is connected with the exercise of—
(a)  its functions, or
(b)  the functions of a sub-group established under section 21.
(2)  A report under this section shall be made—
(a)  in such form as may be specified in the requirement under subsection (1); and
(b)  within the required period or such longer period as may be agreed between the district policing partnership and the Board.
(3)  The required period is—
(a)  4 months from the date on which the requirement under subsection (1) is made, if the requirement relates wholly or in part to the functions of a sub-group;
(b)  3 months from   the date on which the requirement under subsection (1) is made, in any other case.
(4)  When the district policing partnership submits its report under subsection (1) it shall at the same time send to the Board copies of any related sub-group report.
(5)  The Board may arrange for the publication, in such manner as appears to the Board to be appropriate, of—
(a)  a report submitted under subsection (1);
(b)  a related sub-group report.
(6)  A "sub-group report" is a report submitted to the district policing partnership under section 21C.
(7)  A sub-group report is related to a report submitted in pursuance of a requirement under subsection (1) if the district policing partnership imposed the requirement to submit the sub-group report to enable it to comply with the requirement under subsection (1)."
 10      In section 22 (the local policing plan) after subsection (3) insert—
"(3A)  Before issuing or revising a local policing plan for a police district established under section 20(2), the district commander shall also consult the sub-group established for the district under section 21 and take account of any views expressed."
 11   (1)   Schedule 1 (the Northern Ireland Policing Board) is amended as follows.
(2)      In paragraph 3(7) (disqualification from membership of Board during suspension of devolved government), after paragraph (b)(iii) insert—
  "; or
(iv)  a member of a sub-group established under section 21.".
(3)      In paragraph 10(1)(b) (disqualification from membership of Board during devolved government), after "district policing partnership;" insert—
  "or
(iv)  a member of a sub-group established under section 21;".
 12      In Schedule 3 (district policing partnerships) after paragraph 16 insert—

 
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3 April 2003