§ Mr. TippingI beg to move amendment No. 19, in page 10, line 45, leave out "or".
Mr. Deputy SpeakerWith this it will be convenient to discuss Government amendments Nos. 20, 23, 25, 34 and 49.
§ Mr. TippingThese are technical and drafting amendments, but I hope that they are transparent. I intend to speak to them only briefly.
Amendment Nos. 19 and 20 are designed to ensure that the definition of criminal investigation applies, in the different circumstances that arise in Scotland, to the same extent as it does in England and Wales. In Scotland, authorities such as the vehicle inspectorate or the Health and Safety Executive have investigatory powers, but no power to conduct prosecutions. The definition of a criminal investigation at paragraph (b) of section 57(4B), 555 as inserted under clause 5, therefore does not cover investigations carried out by such bodies; nor does the definition at paragraph (a) of section 57(4B), since they will not necessarily always have a duty to conduct their investigations. The amendments are therefore needed to ensure that the definition of criminal investigations covers investigations carried out by such bodies in Scotland.
Under amendments Nos. 23 and 25, we propose to make minor technical amendments to two Scottish entries in schedule 1A, which lists specified public bodies for the purpose of the new duty to promote race equality.
Amendment No. 49 repeals a provision that provides for Scottish Homes to be subject to the existing duty to promote race equality under section 71. That duty will be made redundant by the new duty under the Bill, which will apply to Scottish Homes by virtue of amendment No. 28.
Amendment No. 34 will allow an enforcement notice served by the Commission for Racial Equality in respect of an immigration decision to be appealed in the civil courts. That will not restrict the commission's powers; it will simply place immigration decisions on the same footing as other areas of decision making under section 59 of the Race Relations Act 1976. I commend the amendments to the House.
§ Amendment agreed to
§
Amendment made: No. 20, in page 11, line 3, after "conduct;" insert "or
(c) any investigation which is conducted by a person in carrying out functions to which section 19B applies and which in the circumstances may lead to a decision by that person to make a report to the procurator fiscal for the purpose of enabling him to determine whether criminal proceedings should be instituted;'.—[Mr. Touhig.]