Police (Northern Ireland) Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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After Clause 18

22Insert the following new Clause—
  "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 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)."
 

COMMONS AMENDMENT NO. 22

THE LORD ROGAN
THE LORD MAGINNIS OF DRUMGLASS

22A*Line 39, at end insert—
"47BAppointments to Police Service of Northern Ireland
(1)  In the event that—
(a)  the Chief Constable is unable to appoint his required number of police trainees or police support staff, or
(b)  the number of serving officers is below that intended at the time of consideration,
  the Secretary of State shall, at the request of the police board and acting on the recommendation of the Chief Constable, make an order to suspend the provisions of section 46 of the Police (Northern Ireland) Act 2000 for a period of six months."
22B*Line 41, after "17A" insert ", 17B"
22C*Line 45, leave out "each member" and insert "a majority"
22D*Line 47, at end insert—
 

"Recommendations under section 47B(1)

 17B      The Board shall not give an authorisation under section 47B(1) unless a proposal to make a request has been approved by a majority of the Board present and voting on the question at a meeting of the Board."
 

After Clause 19

23Insert 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.""
24Insert the following new Clause—
  "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."
45Page 19, line 19, leave out from beginning to "accordingly" in line 22 and insert "members of the police support staff—
(a)  a member of the police support staff must be treated as an employee of the Chief Constable in relation to conduct in reliance or purported reliance on a designation under section 23;
(b)  conduct by a member of the police support staff in reliance or purported reliance on a designation under section 23 must be taken to be conduct in the course of that employment;
(c)  in the case of a tort, the Chief Constable".
46Page 19, line 23, leave out subsection (2)
47Page 22, line 18, leave out paragraph (a)
53Page 25, line 37, at end insert—
"(ba)  Article 17 of that Order (safeguards) has effect in relation to the issue of a warrant under paragraph 9 of Schedule 1 to that Order to the designated person as it has effect in relation to the issue of a warrant under that paragraph to a constable;
(bb)  Article 18 of that Order (execution of warrants) has effect in relation to a warrant issued under paragraph 9 of Schedule 1 to that Order (whether to the designated person or to any other person) as if references in that Article to a constable included references to the designated person;"
1Page 1, line 12, after "Constable", insert—
"(aa)  the Ombudsman;
(ab)  the Northern Ireland Human Rights Commission;
(ac)  the Equality Commission for Northern Ireland;"
 

COMMONS AMENDMENT NO. 1

1AThe Lord Glentoran to move, as an amendment to the motion that the House do agree with the Commons in their Amendment No. 1, leave out "agree" and insert "disagree".
2Page 1, line 15, leave out subsection (2)
 

After Clause 1

3Insert 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.""
 

COMMONS AMENDMENT NO. 3

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

3ALine 6, leave out from "Board" to end of line 7 and insert "the Chief Constable"
3BLine 9, leave out "shall" and insert "may"
3CLeave out line 10
48Page 22, line 33, at end insert—
"(2A)  No order may be made under section (Independent members: declaration against terrorism)(6), (Independent members: disqualification)(2) or (Belfast)(2) unless a draft of the statutory rule containing the order to be made has been laid before Parliament and approved by a resolution of each House."
 

COMMONS AMENDMENT NO. 48

THE LORD SMITH OF CLIFTON
THE LORD GLENTORAN

48A*Line 5, at end insert—
"(2B)  No order may be made under section (Independent members: disqualification)(2) or (Belfast)(2) at any time when section 1 of the Northern Ireland Act 2000 (c. 1) (suspension of devolved government) is in force."
49Page 22, line 35, after "section", insert "(Independent members: declaration against terrorism)(6), (Independent members: disqualification)(2), (Belfast)(2), (Protected disclosures by police officers)(4),"
50Page 22, line 40, after "repeals", insert "and revocations"
51Page 23, line 5, leave out subsection (2)
54Page 34, line 29, at beginning insert—
  "Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))In Article 243(1), the words "Part VA,"."
55Page 34, line 30, at end insert—
  "Public Interest Disclosure (Northern Ireland) Order 1998 (S.I. 1998/1763 (N.I. 17))Article 16."
56Page 34, line 37, after "Schedule 1," insert "in paragraph 3(7)(b), the word "or" immediately preceding sub-paragraph (iii), in paragraph 10(1)(b), the word "or" immediately preceding sub-paragraph (iii) and"
57Page 34, line 39, at end insert—
    "2   The revocations in the Employment Rights (Northern Ireland) Order 1996 and the Public Interest Disclosure (Northern Ireland) Order 1998 have effect in accordance with section (Protected disclosures by police officers)(4) above."

 
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3 April 2003