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Lord Williams of Mostyn moved Amendments Nos. 70 to 72:



    Page 25, line 5, leave out "20(1)" and insert "20 or (Police powers for designated contracted-out staff)"


    Page 25, leave out lines 8 and 9.

On Question, amendments agreed to.

Clause 21 [Designated police support staff: amendments]:

Lord Williams of Mostyn moved Amendment No. 73:


    Page 13, line 13, leave out "section 20" and insert "sections 20 and (Police powers for designated contracted-out staff)"

On Question, amendment agreed to.

Lord Williams of Mostyn moved Amendment No. 74:


    After Clause 21, insert the following new clause—


"DESIGNATIONS: SUPPLEMENTARY
(1) Subsection (2) applies if, in reliance on his designation under section 20 or (Police powers for designated contracted-out staff), a person exercises or performs a power or duty in relation to another or purports to do so.
(2) The designated person must produce his designation to the other if requested to do so.
(3) A failure to comply with subsection (2) does not make the exercise or performance of the power or duty invalid.
(4) The Chief Constable may at any time modify or withdraw a person's designation under section 20 or (Police powers for designated contracted-out staff) by notice to him.
(5) If the Chief Constable modifies or withdraws a person's designation under section (Police powers for designated contracted-out staff), he must send a copy of the notice of the modification or withdrawal to the contractor responsible for supervising the designated person in the carrying out of the functions for the purposes of which the designation was granted.
(6) In subsection (5) "contractor" means a person who has entered into a contract with the Board such as is mentioned in section (Police powers for designated contracted-out staff) (1)."

The noble and learned Lord said: My Lords, Amendment No. 74 is to include the new clause as printed on the Marshalled List. The purpose of this clause is to replicate supplementary provisions contained in Section 42 of the Police Reform Act 2002 which were not in the draft Bill.

The effect is to give the Chief Constable powers to modify or withdraw a designation at any time. If the Chief Constable withdraws the designation of a

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contracted-out individual, he must notify the relevant contractor and, further, require the designated person to produce his designation on request.

It makes clear that a failure to comply with such a request does not make the exercise or performance of that power or duty invalid. I beg to move.

On Question, amendment agreed to.

4.15 p.m.

Lord Williams of Mostyn moved Amendment No. 75:


    After Clause 21, insert the following new clause—


"COMPLAINTS AND MISCONDUCT
(1) The Secretary of State may by regulations make provision for the handling of—
(a) complaints relating to the carrying out by a person designated under section 20 or (Police powers for designated contracted-out staff) of any of the functions mentioned in subsection (2);
(b) instances of misconduct involving the carrying out by such a person of any of those functions.
(2) The functions are those for the purposes of which any power or duty is conferred or imposed on the person by his designation.
(3) Regulations under subsection (1) may in particular provide that any provision of Part 7 of the Police (Northern Ireland) Act 1998 (c. 32) is to apply, with such modifications as may be prescribed by the regulations, with respect to persons designated under section 20 or (Police powers for designated contracted-out staff).
(4) Before making regulations under subsection (1), the Secretary of State must consult—
(a) the Ombudsman;
(b) the Board;
(c) the Chief Constable;
(d) the Police Association;
(e) any other person or body appearing to him to have an interest in the matter."

The noble and learned Lord said: My Lords, after Clause 21 I propose the insertion of this new clause. This is to give the ombudsman power to deal from commencement with complaints against designated civilians, including contracted-out staff, given that they will be exercising limited police powers as outlined in Schedule 1 to the Bill.

At present, in England and Wales complaints against police authority employed support staff are handled at the discretion of chief officers, but when the new complaints system comes into force on 1st April 2004 all police authority employees will have an extended complaints regime.

We do not at present see the case for further extending the ombudsman's remit for investigating complaints against civilians employed by the Chief Constable beyond those of designated powers, as to the reason I have given. They will be exercising limited police powers and, therefore, should fall appropriately within the ombudsman's remit. I beg to move.

On Question, amendment agreed to.

23 Jan 2003 : Column 903

Lord Williams of Mostyn moved Amendment No. 76:


    After Clause 21, insert the following new clause—


"LIABILITY FOR UNLAWFUL CONDUCT
(1) For the purposes of determining liability for the unlawful conduct of employees of the Board, conduct by an employee of the Board in reliance or purported reliance on a designation under section 20 must be taken to be conduct in the course of his employment by the Board; and, in the case of a tort, the Board accordingly falls to be treated as a joint tortfeasor.
(2) For the purposes of determining liability for the unlawful conduct of persons employed in the civil service, conduct by such a person in reliance or purported reliance on a designation under section 20 must be taken to be conduct in the course of his employment in the civil service; and, in the case of a tort, the Department of Finance and Personnel accordingly falls to be treated as a joint tortfeasor.
(3) For the purposes of determining liability for the unlawful conduct of employees of a contractor, conduct by such an employee in reliance or purported reliance on a designation under section (Police powers for designated contracted-out staff) must be taken to be conduct in the course of his employment by the contractor; and, in the case of a tort, the contractor accordingly falls to be treated as a joint tortfeasor.
(4) In subsection (3) "contractor" means a person who has entered into a contract with the Board such as is mentioned in section (Police powers for designated contracted-out staff) (1)."

The noble and learned Lord said: My Lords, the amendment relates to liability for unlawful conduct. It is intended to replicate a supplementary provision contained in Section 42 of the Police Reform Act 2002; namely,


    "for the purpose of determining liability for unlawful conduct in that conduct in reliance of a designation shall be taken as conduct in the course of employment by the designated person's employer—whether that be the Board, civil service or contractor".

I beg to move.

On Question, amendment agreed to.

Lord Williams of Mostyn moved Amendment No. 77:


    After Clause 21, insert the following new clause—


"NOTIFIABLE MEMBERSHIPS
(1) Section 51 of the Police (Northern Ireland) Act 2000 (c. 32) (notifiable memberships of police officers) applies in relation to persons designated under section 20 or (Police powers for designated contracted-out staff) as it applies in relation to police officers.
(2) As so applied, that section has effect as if the reference in subsection (1) to the duties of a police officer were to the functions for the purposes of which any power or duty is conferred or imposed on a person by his designation under section 20 or (Police powers for designated contracted-out staff)."

The noble and learned Lord said: My Lords, the purpose of the amendment is to apply Section 51 of the 2000 Act, notifiable memberships, to designated police support staff, including contracted-out staff. These individuals are exercising limited police powers and it is right and proper that Section 51 should apply. I am able to say that the Chief Constable agrees with this view. I beg to move.

On Question, amendment agreed to.

23 Jan 2003 : Column 904

Lord Williams of Mostyn moved Amendment No. 78:


    After Clause 21, insert the following new clause—


"CODE OF ETHICS
(1) The Secretary of State may by order apply the code of ethics issued by the Board under section 52 of the Police (Northern Ireland) Act 2000 (c. 32) to persons designated under section 20 or (Police powers for designated contracted-out staff).
(2) An order under subsection (1) may apply the code with such modifications as are specified in the order.
(3) If an order is made under subsection (1) applying the code to a person designated under section 20 or (Police powers for designated contracted-out staff) he must be guided by the code as it applies to him in carrying out the functions for the purposes of which any power or duty is conferred or imposed on him by his designation."

The noble and learned Lord said: My Lords, the amendment is designed to give the Secretary of State the power by order to extend the application of Section 52 of the 2000 Act, the Code of Ethics, to designated support staff, including contracted-out staff.

The code—I understand that the board intends to publish it in the near future—has provisions relating to integrity, behaviour and the care of those persons in detention. These have a direct read-across to duties undertaken by civilians. I beg to move.

On Question, amendment agreed to.

Schedule 2 [Designated police support staff: amendments]:


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