HL Deb 25 October 2000 vol 618 cc391-4

(" .—(1) The Board shall make, and keep under review, arrangements for designated places of detention to be visited by persons appointed under the arrangements ("lay visitors").

(2) The arrangements shall require a report on each visit to be made to the Board and the Chief Constable by the lay visitor concerned.

(3) The report shall deal with—

  1. (a) the conditions under which persons are held in the designated place of detention concerned and with their welfare and treatment;
  2. (b) the adequacy of facilities at that place of detention;
  3. (c) such other matters as may be specified in an order made by the Secretary of State.

(4) The arrangements may confer on lay visitors such powers as the Board considers necessary to enable the report required as a result of subsection (2) to be made and may, in particular, confer on them a power to▀×

  1. (a) require access to given to each designated place of detention;
  2. (b) examine records relating to the holding of persons there;
  3. (c) interview persons who are being held there;
  4. (d) inspect the facilities there including, in particular, washing and toilet facilities and the facilities for the provision of food.

(5) A power conferred as a result of subsection (4)(b) or (c) may be exercised only with the consent of the person concerned.

(6) Any power conferred by the arrangements may be subject to such limitations as may be specified in the arrangements.

(7) The arrangements shall provide that a person may not be appointed as a lay visitor if—

  1. (a) he is a member of the Board; or
  2. (b) he is, or has been, a police officer.

(8) The Board may issue, and from time to time revise, guidance to lay visitors about the discharge of their functions under this section.

(9) "Designated place of detention" means a police station for the time being designated under Article 36 of the Police and Criminal Evidence (Northern Ireland) Order 1989, except so much of the station as is for the time being designated for the purposes of paragraph 1 of Schedule 8 to the Terrorism Act 2000.

(10) The Secretary of State may by order specify as designated places of detention for the purposes of this section—

  1. (a) a part of any police station if that part is for the time being designated for the purposes of paragraph 1 of Schedule 8 to the Terrorism Act 2000.
  2. (b) any other place which is designated under any enactment as a place in which persons may be detained.").

On Question, amendment agreed to.

Clause 70 agreed to.

Schedule 5 [Application of anti-discrimination legislation to the police]:

Lord Falconer of Thoroton moved Amendment No. 233: Page 58, line 43, leave out ("member of the Police Service of Northern Ireland") and insert ("police officer").

On Question, amendment agreed to.

Schedule 5, as amended, agreed to.

Clause 71 agreed to.

Clause 72 [Orders and regulations]:

Baroness Farrington of Ribbleton moved Amendment No. 234: Page 35, line 29, at end insert— ("(3A) A draft of a statutory rule to be made under section 46(3) or 52 shall be laid before Parliament in like manner as a draft of a statutory instrument and section 6 of the Statutory Instruments Act 1946 shall apply accordingly.").

The noble Baroness said: Earlier in today's Committee proceedings my noble and learned friend Lord Archer referred to the unfortunate practice which he felt was growing of Ministers responding to amendments before they have been moved. On this occasion and in moving Amendment No. 234, I point out that most noble Lords have already spoken to it, and others, before the Government have moved it.

This amendment will give effect to the recommendations of your Lordships' Select Committee on Delegated Powers and Deregulation. Amendments Nos. 234 and 235 provide for orders and regulations under Clause 46, on the renewal and expiry of the 50:50 recruitment provisions, and under Clause 52, on emblems and flags, to be made by the affirmative procedure. The Committee also recommended that orders under Clause 49, on registration, be made by the affirmative procedure. But the Government's amendment to that clause has removed the Secretary of State's order-making power. In the light of that provision, I suggest that Amendment No. 234A in the name of the noble Lord, Lord Glentoran, to Government Amendment No. 234 has become unnecessary. I beg to move.

Lord Cope of Berkeley had given notice of his intention to move, as an amendment to Amendment No. 234, Amendment No. 234A: Line 2, after ("46(3)") insert (",49(2)").

The noble Lord said: As the noble Baroness has pointed out, Amendment No. 234A was intended to take up the other recommendation which we believe that the Government should have dealt with. However, as the noble Baroness has said, that has now become unnecessary because of the amendment we made earlier this afternoon.

[Amendment No. 234A, as an amendment to Amendment No. 234, not moved.]

On Question, Amendment No. 234 agreed to.

Baroness Farrington of Ribbleton moved Amendment No. 235: Page 35, line 30, after ("one") insert ("made under a provision mentioned in subsection (3A) or").

The noble Baroness said: I spoke to this amendment with Amendment No. 234. I beg to move.

On Question, amendment agreed to.

Clause 72, as amended, agreed to.

Clause 73 [Interpretation]:

Lord Falconer of Thoroton moved Amendment No. 236: Page 36, line 37, at end insert— ("( ) Subsections (2) to (4) of section 39 of the Interpretation Act (Northern Ireland) 1954 apply for the purpose of calculating a period of time laid down by or under this Act.").

On Question, amendment agreed to.

Clause 73, as amended, agreed to.

Clause 74 agreed to.

Schedule 6 [Amendments]:

Lord Falconer of Thoroton moved Amendment No, 237: Page 62, line 46, leave out ("entries") and insert ("entry").

On Question, amendment agreed to.

Lord Falconer of Thoroton moved Amendments Nos. 238 to 240: Page 62, line 47, at end insert— ("(4) In that Part of that Schedule, at the appropriate place in alphabetical order insert the following entry—"). Page 66, line 7, leave out ("Force"). Page 66, line 17, leave out ("and (4)").

On Question, amendments agreed to.

Schedule 6, as amended, agreed to.

Schedule 7 [Transitional and transitory provisions]:

Lord Falconer of Thoroton moved Amendments Nos. 241 to 248: Page 67, line 34, leave out sub-paragraph (a). Page 67, line 36, leave out ("police service") and insert ("Police Service of Northern Ireland"). Page 67, line 39, leave out ("police service") and insert ("Police Service of Northern Ireland"). Page 67, line 42, leave out ("member of the police service") and insert ("police officer serving in the Police Service of Northern Ireland"). Page 67, line 44, leave out ("member of the police service reserve") and insert ("police officer serving in the Police Service of Northern Ireland Reserve"). Page 68, line 1, leave out ("police service reserve") and insert ("Police Service of Northern Ireland Reserve in any other context"). Page 68, line 3, leave out ("police service") and insert ("Police Service of Northern Ireland"). Page 68, line 4, at end insert—

    c394
  1. Recruitment arrangements: references to the Board. 119 words