COMMONS AMENDMENTS (Hansard, 22 July 2002)

HL Deb 22 July 2002 vol 638 cc88-117 88

§ 10 Page 31, line 33, leave out "a notice" and insert "informing him"

§ 11 Page 31, line 35, leave out "an explanation in writing of" and insert "explaining"

§ 12 Page 31, line 39, leave out "of his intention to require the exercise of any power"

§ 13 After Clause 34, insert the following new clause—

§ "Protected disclosures by police officers (1) After section 43K of the Employment Rights Act 1996 (c.18), there shall be inserted—

§ "43KA Application of this Part and related provisions to police (1) For the purposes of—

(a) this Part,
(b) section 47B and sections 48 and 49 so far as relating to that section, and
(c) section 103A and the other provisions of Part 10 so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 103A, a person who holds, otherwise than under a contract of employment, the office of constable or an appointment as a police cadet 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.

(2) In this section 'the relevant officer' means—

(a) in relation to a member of a police force or a special constable appointed for a police am the chief officer of police;
(b) in relation to a person appointed as a police member of the NCIS, the Director General of NCIS,
(c) in relation to a person appointed as a police member of the NCS, the Director General of NCS;
(d) in relation to any other person holding the office of constable or an appointment as police cadet, the person who has the direction and control of the body of constables or cadets in question."

(2) In section 200(1) of that Act (provisions which do not apply to persons engaged in police service under a contract of employment)—

(a) the words "Part IVA" and "47B" shall be omitted;
(b) after "sections 100" there shall be inserted "103A", and
(c) after section 100 there shall be inserted "or 103A".

(3) Section 13 of the Public Interest Disclosure Act 1998 (c. 23) (exclusion of police from provisions about protected disclosures) shall cease to effect.

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 10 to 13.

§ Moved, That the House do agree with the Commons in their Amendments Nos. 10 to 13.—(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.

§ COMMONS AMENDMENT

§ 14 Clause 35, page 34, line 29, leave out from beginning to second "the", in line 30, and insert "Powers and duties may be conferred or imposed on a designated person by means only of the application to him by his designation of provisions of"

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 14. All of the amendments in this group are minor drafting or technical amendments. Therefore, unless any noble Lord wishes to raise a question on them, I do not intend to speak to the amendments.

§ Moved, That the House do agree with the Commons in their Amendment No. 14.—(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.

§ COMMONS AMENDMENTS

§ 15 Page 35, line 14, leave out subsection (10)

§ 16 After Clause 35, insert the following new clause—

§ "Police powers for contracted-out staff (1) This section applies if a police authority has entered into a contract with a person ("the contractor") for the provision of services relating to the detention or escort of persons who have been arrested or are otherwise in custody. (2) The chief officer of police of the police force maintained by that police authority may designate any person who is an employee of the contractor as either or both of the following— (a) a detention officer; or (b) an escort officer. (3) A person designated under this section shall have the powers and duties conferred or imposed on him by the designation. (4) A chief officer of police shall not designate a person under this section unless he is satisfied that that person—

(a) is a suitable person to carry out the functions for the purposes of which he is designated;
(b) is capable of effectively carrying out those functions; and
(c) has received adequate training in the carrying out of those functions and in the exercise and performance of the powers and duties to be conferred on him by virtue of the designation.

90 (5) A chief officer of police shall not designate a person under this section unless he is satisfied that the contractor is a fit and proper person to supervise the carrying out of the functions for the purposes of which that person is designated. (6) Powers and duties may be conferred or imposed on a designated person by means only of the application to him by his designation of provisions of the applicable Part of Schedule 4 that are to apply to the designated person; and for this purpose the applicable Part of that Schedule is—

(a) in the case of a person designated as a detention officer, Part 3; and
(b) in the case of a person designated as an escort officer, Part 4.

(7) An employee of the contractor authorised or required to do anything by virtue of a designation under this section—

(a) shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than in the course of that employment; and
(b) shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in his designation.

(8) Where any power exercisable by any person in reliance on his designation under this section is a power which, in the case of its exercise by a constable, includes or is supplemented by a power to use reasonable force, any person exercising that power in reliance on that designation shall have the same entitlement as a constable to use reasonable force. (9) The Secretary of State may by regulations make provision for the handling of complaints relating to, or other instances of misconduct involving, the carrying out by any person designated under this section of the functions for the purposes of which any power or duty is conferred or imposed by his designation. (10) Regulations under subsection (9) may, in particular, provide that any provision made by Part 2 of this Act with respect to complaints against persons serving with the police is to apply, with such modifications as may be prescribed by them, with respect to complaints against persons designated under this section. (11) Before making regulations under this section, the Secretary of State shall consult with—

(a) persons whom he considers to represent the interests of police authorities;
(b) persons whom he considers to represent the interests of chief officers of police;
(c) the Independent Police Complaints Commission; and
(d) such other persons as he thinks fit.

(12) A designation under this section, unless it is previously withdrawn or ceases to have effect in accordance with subsection (13), shall remain in force for such period as may be specified in the designation; but it may be renewed at any time with effect from the time when it would otherwise expire. (13) A designation under this section shall cease to have effect—

(a) if the designated person ceases to be an employee of the contractor; or
(b) if the contract between the police authority and the contractor is terminated or expires."

17 Clause 36, page 35, line 29, leave out from "scheme") to "police", in line 30, and insert". (1A) A community safety accreditation scheme is a scheme for the exercise in the chief officer's

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 15 to 17.

§ Moved, That the House do agree with the Commons in their Amendments Nos. 15 to 17.—(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.

§ COMMONS AMENDMENT

§ 18 Page 35, line 37, after "force" insert "(other than the Commissioner of Police of the Metropolis)"

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 18. These amendments all relate to consultation in respect of various matters covered in Chapter 1 of Part 4 to the Bill. On Third Reading, your Lordships' House agreed a Liberal Democrat amendment that required a chief officer to consult the "principal local authority" before establishing a community safety accreditation scheme. We had no difficulty with the spirit of that amendment. It was always our intention that there should be such consultation. However, it has been necessary to tidy up the amendment, as it did not define the term, "principal local authority".
Amendment No. 19 clarifies the nature of the duty on chief officers. In England, they will be required to consult with every district council or London borough in the force area. In Wales, consultation will be with the county councils or borough councils in the force area.
This group of amendments also provides for consultation with the Mayor of London before the Metropolitan Police Commissioner establishes a community safety accreditation scheme, and before the Home Secretary issues a code of practice under Clause 40 of the Bill. These new consultation requirements recognise the Mayor's London-wide responsibilities for transport, economic development, and the environment, all of which impact on the provisions in this part of the Bill. For example, Transport for London will be funding the commissioner's plans for transport community support officers to work on policing bus routes in the capital.

§ Moved, That the House do agree with the Commons in their Amendment No. 18.—(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.

§ COMMONS AMENDMENTS

§ 19 Clause 36, page 35, line 38, leave out "and the principal local authority for that area" and insert "and (b) every local authority any part of whose area lies within the police area. (3A) Before establishing a community safety accreditation scheme for the metropolitan police district, the Commissioner of Police of the Metropolis must consult with—

(a) the Metropolitan Police Authority;
(b) the Mayor of London; and
(c) every local authority any part of whose area lies within the metropolitan police district.

(3B) In subsections (3)(b) and (3A)(c) "local authority" means—

(a) in relation to England, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly, and
(b) in relation to Wales, a county council or a county borough council"

§ 20 Clause 38, page 37, line 23, leave out "or accreditation under section 35 or" and insert "under section 35 or (Police powers for contracted-out staff or his accreditation under section"

§ 21 Page 37, line 27, after "35" insert "or (Police powers for contracted-out staff"

§ 22 Page 37, line 37, after "35" insert "(Police powers for contracted-out staff"

§ 23 Page 37, line 40, at end insert— (4A) Where any person's designation under section (Police powers for contracted-out staff) is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the contractor responsible for supervising that person in the carrying out of the functions for the purposes of which the designation was granted.

§ 24 Page 37, line 46, leave out subsection (6) and insert— (6) For the purposes of determining liability for the unlawful conduct of employees of a police authority, conduct by such an employee in reliance or purported reliance on a designation under section 35 shall be taken to be conduct in the course of his employment by the police authority; and, in the case of a tort, that authority shall fall to be treated as a joint tortfeasor accordingly.

§ 25 Page 38, line 10, leave out "an employee" and insert "employees"

§ 26 Page 38, line 11 leave out "member" and insert "employee"

§ 27 Page 38, line 14, at end insert— (8) For the purposes of determining liability for the unlawful conduct of employees of a contractor (within the meaning of section (Police powers for contracted-out staff)), conduct by such an employee in reliance or purported reliance on a designation under that section shall be taken to be conduct in the course of his employment by that contractor; and, in the case of a tort, that contractor shall fall to be treated as a joint tortfeasor accordingly. (9) For the purposes of determining liability for the unlawful conduct of employees of a person with whom a chief officer of police has entered into any arrangements for the purposes of a community safety accreditation scheme, conduct by such an employee in reliance or purported reliance on an accreditation under section 37 shall be taken to be conduct in the course of his employment by that employer, and, in the case of a tort, that employer shall fall to be treated as a joint tortfeasor accordingly.

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 19 to 27.

§ Moved, That the House do agree with the Commons in their Amendments Nos. 19 to 27.—(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.

§ COMMONS AMENDMENT

§ 28 After Clause 38, insert the following new clause—

§ "Railway safety accreditation scheme

(1) The Secretary of State may make regulations for the purpose of enabling the chief constable of the British Transport Police Force to establish and maintain a scheme ("a railway safety accreditation scheme").
(2) A railway safety accreditation scheme is a scheme for the exercise in, on or in the vicinity of policed premises in England and Wales, by persons accredited by the chief constable of the British Transport Police Force under the scheme, of the powers conferred on those persons by their accreditation under that scheme.
(3) The regulations may make provision—
1. (a) as to the purposes for which a railway safety accreditation scheme may be established;
2. (b) as to the procedure to be followed in the establishment of such a scheme; and
3. (c) as to matters for which such a scheme must contain provision.
(4) The regulations may make provision as to the descriptions of persons who may be accredited under a railway safety accreditation scheme and as to the procedure and criteria to be applied for the grant of any accreditation under such a scheme.
(5) The regulations may make provision as to the powers which may be conferred on a person by an accreditation under such a scheme.
(6) Subject to subsection (7), no regulations made by virtue of subsection (5) shall permit a power to be conferred on a person accredited under a railway safety accreditation scheme which could not be conferred on an accredited person under a community safety accreditation scheme.
(7) The regulations may provide that the powers which may be conferred on a person by an accreditation under a railway safety accreditation scheme include the powers of a constable in uniform and of an authorised constable to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (fixed penalty notices) in respect of the following offences—
1. (a) an offence under section 55 of the British Transport Commission Act 1949 (c. xxix) (trespassing on a railway);
2. (b) an offence under section 56 of that Act (throwing stones etc. at trains or other things on railways).
(8) In relation to a person accredited under a railway safety accreditation scheme, the regulations may apply, with such modifications as may be prescribed by them, any provision of this Chapter which applies in relation to an accredited person.
(9) Before making regulations under this section the Secretary of State shall consult with—
1. (a) persons whom he considers to represent the interests of chief officers of police;
2. (b) the chief constable of the British Transport Police Force;
3. (c) persons whom he considers to represent the interests of police authorities;
4. (d) the British Transport Police Committee;
5. (e) persons whom he considers to represent the interests of local authorities;
6. (f) the Mayor of London; and
7. (g) such other persons as he thinks fit.
(10) In this section - "local authorities" means district councils, London borough councils, county councils in Wales, county borough councils and the Common Council of the City of London; and "policed premises" has the meaning given by section 53(3) of the British Transport Commission Act 1949 (c. xxix)."

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 28.
This new clause will allow the British Transport Police to set up a railway safety accreditation scheme. The scheme will be closely modelled on our proposals for community safety accreditation schemes. It will allow the British Transport Police to benefit from the provisions in the Bill concerning community safety accreditation schemes. The clause creates two additional powers specific to the problems of safety on or near railways available to be conferred on persons accredited under a railway safety accreditation scheme. They are the powers to issue on-the-spot fixed penalty notices for the offences of trespassing on a railway and throwing stones at trains.
In Committee, my noble friend Lord Faulkner of Worcester moved an amendment designed to bring the British Transport Police within the provisions in Part 4 of the Bill. I trust that my noble friend will welcome 94 the amendment—sadly, he is not in his place—and that it will be welcomed by other noble Lords who spoke in support of his amendment in March.

§ Moved, That the House do agree with the Commons in their Amendment No. 28.(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.

§ COMMONS AMENDMENT

§ 29 Clause 39, page 38, line 16, leave out from beginning to end of line and insert—

§ "(1) Section 96 of the Road Traffic Regulation Act 1984 (c. 27) (additional powers of traffic wardens) shall be amended as follows.

§ (2) In subsection (2)(c)(powers under the Road Traffic Act 1988 (c. 52) which may be conferred on traffic wardens), after sub-paragraph (i) there shall be inserted— (ia) section 67(3)(which relates to the power of a constable in uniform to stop vehicles for testing);".

§ (3) In subsection (3)"

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 29. The amendment covers the changes made in another place to the powers available to designated and accredited persons under Schedules 4 and 5. It also further tweaks the powers available to traffic wardens.
The last time the Bill was in this House, there was extensive consideration of the enforcement powers that we proposed to extend to community support officers and accredited community safety officers. That consideration led, ultimately, to the removal by your Lordships' House of the powers of detention in Schedules 4 and 5. We debated long and hard the issues concerning the detention powers that would be exercised by community support officers—police authority employees—with the right to use reasonable force and by the wider police family—accredited organisations—without the use of reasonable force.
The issue is how we give such people's enforcement powers appropriate teeth. Without the ability to identify the suspected offender, it will be difficult to enforce, say, a fixed penalty notice or to gather evidence for an anti-social behaviour order. What offender will identify himself to a CSO if he knows that failure to do so is unlikely to lead to further action? It is important to give those who will deal with even seemingly low-level offences the ability to identify offenders. The Met believes that it is essential to the effectiveness of CSOs.
We accept that there is concern about making available a power to detain suspects to those who are not sworn constables. We weighed those concerns, expressed in both Houses, against the need for CSOs and accredited individuals to be effective. Consequently, in another place we restored to the Bill the power for accredited persons to request the name and address of someone who commits an offence. That was part of the power of detention that was lost from Schedule 5. As a result of those concerns, we have not sought to restore the power of detention to accredited individuals.
95 It remains the case that failure to give a true name and address will be an offence that could be handled by the police. Noble Lords opposite accept that accredited persons should have powers to issue fixed penalty notices for dog fouling and dropping litter. If an accredited person is to issue such a notice, he must be able to require the offending dog owner or litter lout to give his name and address. We cannot sensibly confer one power without the other. It is important that CSOs have the ability to detain an offender until the arrival of a constable. The Metropolitan Police, in particular, have made it clear to us that they see the power of detention to be an essential part of the CSO scheme in London. We have therefore reintroduced the detention power for CSOs.
At the same time, the Government are keen to allay any remaining concerns about conferring the power of detention on non-police officers. We have therefore set on record our commitment to pilot the power before it is made available to all forces. Sir Keith Povey, Her Majesty's Chief Inspector of Constabulary, has agreed to report on the evaluation of the pilots, and a copy of his report will be laid before Parliament. The pilots will run for two years in up to six forces, including the Met. I am confident that the detention power is appropriate, proportionate and workable, and the Met are confident that it is workable and necessary. The report of the pilots will, I anticipate, bear those views out.
I turn to Amendments Nos. 29, 73, 109 and 142. At present, only the police have a general power to stop vehicles and only the police and traffic wardens have a power to direct traffic. That means that police officers must be employed to stop vehicles even though their only function is to flag vehicles down. The amendments will free up police officers to concentrate on their core activities.
The Bill already removes restrictions on traffic wardens' power to stop. As traffic wardens already have a power to direct traffic, they will therefore now be able to undertake escorting duties. The amendments make it clear that their power to stop includes a power to stop vehicles for tests of their roadworthiness and compliance with construction and use regulations. That will benefit the other agencies and hauliers, as they will have a more guaranteed service. The amendments will also give community support officers and accredited persons a limited power to stop vehicles and direct traffic. The power will be solely for the same escorting and testing purposes.
The amendments will allow for local authority parking attendants to be given the power to stop traffic for those specific purposes. It would not be necessary to confer on such local authority traffic personnel any of the other powers that may or may not be conferred on other accredited persons within the force area. They can be accredited and trained for the use of the power to stop traffic only. The amendments will free up police time for crime reduction, facilitate the enforcement of other legislation, promote road safety and provide a better service to other interests. I commend them to the House.
96 I confess to being somewhat surprised by the opposition from the Liberal Democrat Benches to Amendment No. 142. When it was debated on Report in another place, along with the parallel amendment to Schedule 4, the Liberal Democrat Front Bench home affairs spokesman, the honourable Member for Lewes, Mr Norman Baker, said: The Government amendments seem eminently sensible. I have no problem with them. I am happy to support them".—[Official Report, Commons, 9/7/02; col. 816.] The other amendments in the group tidy up the powers of investigating officers, detention officers and escort officers.

§ Moved, That the House do agree with the Commons in their Amendment No. 29.—(Lord Falconer of Thoroton.)

§ Lord Dholakia
My Lords, the amendment is grouped with Amendment Nos. 140A and 142A, to which I shall speak.
We opposed this aspect of the Bill on Report. Despite our efforts in the House of Commons, the issue remains unresolved. The noble Baroness, Lady Anelay of St Johns, has indicated that she is unable to support us on the amendment. However, I note that she still has concerns about the issue.
Plans for accredited officers employed by a range of organisations are wrong in principle and practice. The public may welcome having extra eyes on policing matters, but the scheme is bound to cause muddle in practice. There is also a serious concern that there is no independent oversight of complaints against such officers. It is of paramount importance that anybody employed by the police or supporting the police should be subject to an independent complaints procedure, just like the police themselves.
The amendment would improve the Bill. We do not oppose the proposals to have community support officers. That was shown in the quotation that the Minister used. We suggested such a scheme in our manifesto and have always supported the principle. Almost all research points to the fact that fear of crime is greater than crime itself. Society is entitled to protection, and there must be no ambiguity. That would be more meaningful if the vision were based on simplicity, accountability, efficiency and effectiveness. We all recognise that crime is not simply a matter for the police. All of us are involved, and we are entitled to every available help to tackle it.
The starting point of my argument is that our police are probably the best in the world and that we continue to train them to be even better. Training is an essential element. The police have far-reaching powers that could oppress citizens if wrongly used. Yet we will have community support officers with substantial powers but little training.
Any arrangement should be simple and effective. It should encompass all officers who are not police officers, and it should include traffic wardens. In the House of Commons, the Minister said that we might get to that position in the long run. Surely, we should get it right in the first place. The danger of the 97 Government's proposal is that it will not offer simplicity. People will have different powers according to where in the country they operate. Borough or district boundaries may cross, and the powers could be different on either side of the road.
The question uppermost in my mind is that of accountability, especially of accredited officers who are not even employed by a public authority. How do we measure efficiency and effectiveness—the Government's key indicators—if the public is not sure what powers they have? The questions will arise as to who employs whom and where one lodges a complaint, if need be.
We attempted to ensure that CSOs, as well as being employed by the police, could also be employed by local authorities. Therein lies the democratic accountability which is lacking in the Government's proposals. It would also help to cement the Government's initiative on crime and disorder partnerships. This would be welcomed by such partnerships. That would be a good way to proceed since crime and disorder partnerships form an essential element of the crime reduction programme.
The emphasis we place has three main ingredients: they are simpler, they are understandable and they are closer to the community. Let us look at the powers of traffic wardens. Those have been exercised locally. If they apply to traffic wardens, surely the analogy with CSOs is important. Local authorities need a clear role in the kinds of powers that they wish to give to CSOs. We do not dispute that CSOs will have to be approved by the local chief constable and that they would have to be properly trained. Thus police involvement is not ruled out.
Perhaps I may turn to accredited officers, which is where the problem starts. There is a whole range of bodies with police forces. Does that mean that companies both good and not so good could have employees with police powers? The Government have introduced amendments to include the fragmented railway industry. Does not that sound like the part privatisation of the police? That is for the Government to defend. The question I must pose is that those who employ accredited officers will wish to have them act in the interests of their companies. Where does the general public fit in?
We will have private companies undertaking public functions without being subject to the independent Police Complaints Commission, which we all approved in the Bill. The IPCA will deal with police officers and CSOs, but it will have no locus on accredited officers employed by the private sector. That must be a recipe for disaster. It is no good for the Government to try to convince us that these are low-level police powers. We do not disagree, but will the general public understand it?
So there is the scenario: members of the public being confronted by a private sector employee with some police powers. That is unlikely to build the confidence that has stood the test of our policing methods. People are bound to resist enforcement measures which they do not see as coming from a police officer. We do not 98 object to private sector bodies which have trained their staff to be police officers, because there is evidence that some of them have been sworn in as special constables. The authority comes from training. Why are the Government silent on this?
What we are doing here is giving private sector employees police powers. That is at the heart of our objections. The Government have not thought through this proposal and I trust that, even at this late stage, the Minister will see fit to amend it.

§ 7.30 p.m.

§ Lord Falconer of Thoroton
My Lords, the points put so well by the noble Lord, Lord Dholakia, have been raised and debated fully in the course of the passage of the Bill both through this House and the other place. I understand that what lies at the heart of the noble Lord's objections is the question of accountability and being able to hold those acquiring police powers to account. I wish to make it clear, as it has been made clear on a number of occasions, that before designating or accrediting any person, a chief officer must be satisfied that he is suitable to carry out the functions in respect of which he has been designated or accredited. He must be capable of exercising effectively the powers conferred on him and he must have been adequately trained. Furthermore, a chief officer may modify or withdraw a designation or accreditation at any time.
CSOs will be accountable in the same way as police officers. In particular, they will be under the direction and control of the chief officer and subject to the new independent police complaints system when it comes into force. Any use of these powers by accredited persons will be subject to a protocol agreed between the chief officer and the employer—for example, a local authority or vehicle inspectorate—that the powers will be used only in strictly controlled circumstances. Finally, it will be a criminal offence to impersonate a designated or accredited person.
I know that that does not go as far as the noble Lord, Lord Dholakia, would wish, but it provides levels both of protection and accountability. I hope that, in the light of my remarks, the noble Lord will feel able to withdraw his amendment.

§ On Question, Motion agreed to

§ COMMONS AMENDMENTS

§ 30 Clause 40, page 38, line 40, after "police;" insert— (fa) persons whom he considers to represent the interests of local authorities; (fb) the Mayor of London,

§ 31 Page 38, line 46, at end insert— (6) For the purposes of subsection (3)(fa), local authorities" means district councils, London borough councils, county councils in Wales, county borough councils, the Common Council of the City of London and the Council of the Isles of Scilly.

§ 32 Clause 42, page 39, line 40, after "35" insert "or (Police powers for contracted-out staff)

§ 33 Page 39, line 40, at end insert"; Director General" means—

(a) the Director General of the National Criminal Intelligence Service; or
(b) the Director General of the National Crime Squad,

Service Authority" means—

(a)in relation to employment with the National Criminal Intelligence Service or to its Director General, the Service Authority for the National Criminal Intelligence Service, and
(b)in relation to employment with the National Crime Squad or to its Director General, the Service Authority for the National Crime Squad."

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 30 to 33.

§ Moved, That the House do agree with the Commons in their Amendments Nos. 30 to 33.—(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.

§ COMMONS AMENDMENT

§ 34 Before Clause 49, insert the following new clause—

§ "Persons authorised to take intimate samples from persons in police detention

§ (1) For subsection (9) of section 62 of the 1984 Act (persons who may take intimate samples) there shall be substituted (9) In the case of an intimate sample which is a dental impression, the sample may be taken from a person only by a registered dentist. (9A) In the case of any other form of intimate sample, except in the case of a sample of urine, the sample may be taken from a person only by—

(a) a registered medical practitioner, or
(b) a registered health care professional."

§ (2) In section 65 of the 1984 Act (interpretation of Part 5 of that Act), in subsection (1) after the definition of "registered dentist" there shall be inserted— 'registered health care professional' means a person (other than a medical practitioner) who is

(a) a registered nurse; or
(b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State;".

§ (3) After that subsection, there shall be inserted— (1A) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999(c.8) other than the profession of practising medicine and the profession of nursing. (1B) An order under subsection (1) shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 34. This amendment and those grouped with it extend to registered healthcare professionals the provision in the Bill for registered nurses to deal with the taking of blood specimens with consent in drink-driving cases. The group of registered healthcare professionals includes registered nurses but goes wider and includes, for example, registered paramedics.
The new clause, inserted by Amendment No. 34, similarly amends PACE to cover non-drink-drive cases. It allows the full range of registered healthcare professionals to take blood and other intimate samples from suspects at police stations. Making it possible to 100 use the broad range of registered healthcare professionals rather than solely registered nurses is a practical measure that extends the benefits of the new provision already agreed without compromising standards.
The amendments and the new clause will remove the need to call on the services of a police surgeon in police custody areas and so avoid delays and promote better value for money.

§ Moved, That the House do agree with the Commons in their Amendment No. 34.—(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.

§ COMMONS AMENDMENTS

§ 35 Clause 49, page 43, line 26, leave out "nurse" and insert "health care" professional"

§ 36 Page 43, line 30, at end insert— (2A) In subsection (2) of section II of that Act(interpretation of sections 3A to 10 of that Act), after the definition of "prescribed limit" there shall be inserted— 'registered health care professional' means a person (other than a medical practitioner) who is—

(a) a registered nurse; or
(b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.

(2B) After that subsection there shall be inserted— (2A) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing. (2B) An order under subsection (2) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament."

§ 37 Page 43, line 31, leave "section 11 of that Act" and insert "that section".

§ 38 Page 43, line 36, leave out "nurse" and insert "health care professional".

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 35 to 38.

§ Moved, That the House do agree with the Commons in their Amendments Nos. 35 to 38.—(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.

§ COMMONS AMENDMENT

§ 39 Clause 50, page 45, line 1, after "patient" insert "no specimen of blood shall be taken from him under section 7A of this Act and".

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 39. This amendment and those grouped with it seek to protect a person unconscious after an accident by providing that a constable cannot ask for a blood specimen to be taken if the medical practitioner with clinical care of the person objects.
The Bill already makes it lawful, not compulsory, for a medical practitioner to take a specimen when requested if he thinks fit. Clearly it would not be fitting 101 if the practitioner with clinical care objected or if it were against his own medical judgment. Thus it has never been the intention of the Bill to allow a specimen to be taken without consent where the clinician in charge objects. However, we need to ensure as far as possible the equality of treatment between conscious and unconscious patients at which the measures in the Bill are intended.
At the moment a clinician can object to and so prevent a conscious patient from being required to provide a specimen. Under the terms of the Bill the clinician can also object to and so prevent an unconscious patient being required to consent to analysis of a specimen, but he cannot object to and so prevent the specimen from being taken in the first place. While this is technically allowed in the Bill as originally drafted, it is unlikely to happen in practice: a medical practitioner would not normally take a specimen if the clinician in charge of the patient objected for reasons of medical ethics and professional etiquette. It remains, however, a theoretical possibility. The amendments would remove that possibility.

§ Moved, That the House do agree with the Commons in their Amendment No. 39.—(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.

§ COMMONS AMENDMENTS

§ 40 Page 45, line 3, leave out "section 7A of this Act" and insert "that section".

§ 41 Page 45, line 5, after "proposal" insert "to take the specimen or".

§ 42 Page 45, line 12, after "that" insert "the taking of the specimen,".

§ 43 Clause 51, page 46, line 20, leave out "nurse" and insert "health care professional".

§ 44 Page 46, line 38, leave out "section 16(1)" and insert "subsection (1) of section 16".

§ 45 Page 46, line 39, at end insert— (6) In subsection (2) of that section (documentary evidence as to consent), after the words "medical practitioner", in both places where they occur, there shall be inserted "or a registered health care professional.".

§ 46 Clause 52, page 47, line 8, leave out "nurse" and insert "health care professional".

§ 47 Page 47, line 12, at end insert— (2A) After subsection (9) of that section there shall be inserted— (9A) In this section 'health care professional' means a person (other than a medical practitioner) who is—

(a) a registered nurse; or
(b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.

(9B)A health care profession is any profession mentioned in section ") of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing. (9C)An order under subsection (9A)(b) shall be made by statutory instrument, and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament."".

102

§ 48 Page 48, line 23, after "patient" insert "no specimen of blood shall be taken from him under section 31 A of this Act and".

§ 49 Page 48, line 25, leave out "section 31 A of this Act" and insert "that section".

§ 50 Page 48, line 27, after "proposal" insert "to take the specimen or".

§ 51 Page 48, line 34, after "that" insert "the taking of the specimen".

§ 52 Page 49, line 6, at end insert— (7A) In section 35(3) of that. Act (documentary evidence as to consent) after the words "medical practitioner", in both places where they occur, there shall be inserted "or a registered health care professional". (7B) After subsection (2) of section 38 of that Act (interpretation of Chapter 1 of Part 2 of that Act) there shall be inserted— (2A) In this Chapter 'registered health care professional' means a person (other than a medical practitioner) who is

(a) a registered nurse; or
(b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.

(2B) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing. (2C) An order under subsection (2A)(b) shall be made by statutory instrument and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.".

§ 53 Page 49, line 7, leave out "section 38 of that Act" and insert "that section".

§ 54 Page 49, line 13, leave out "nurse" and insert "health care professional".

§ 55 Clause 55, page 52, line 24, at end insert— (7A) In subsection (10) of that section (penalty for contravention of order), for "shall be" there shall be substituted "is guilty of an offence and"".

§ 56 Clause 58, page 54, line 32, after "(6)" insert "for the discharge of an order".

§ Moved, That the House do agree with the Commons in their Amendments Nos. 40 to 56.—(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.

§ COMMONS AMENDMENT

§ 57 Clause 59, page 55, line 24, leave out from "appeals)," to end of line 25 and insert "after "an anti-social behaviour order" there shall be inserted ", an order under section ID above,".".

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 57. A sex offender order is a civil preventive order made by a magistrates' court. If the police consider that a sex offender has acted in a way that gives serious cause for concern that he may reoffend, then they can apply for an order. The order places a number of prohibitions on the offender designed to prevent him from engaging in behaviour that might lead him to reoffend. For example, he might be prevented from entering children's playgrounds or 103 visiting swimming baths. The breach of any of these prohibitions carries a maximum penalty of five years' imprisonment.
Sex offender orders were provided for in the Crime and Disorder Act 1998 with respect to England and Wales and Scotland and in the Criminal Justice (Northern Ireland) Order 1998 with respect to Northern Ireland. A number of individual cases have highlighted some weaknesses in the existing legislation. This anecdotal evidence is backed up by recently published Home Office research. We have therefore taken the first opportunity to legislate to increase the effectiveness of sex offender orders by introducing a number of new clauses to the Bill.
The new clauses give greater flexibility to the police in how they apply for and amend sex offender orders; they introduce interim sex offender orders to England, Wales and Northern Ireland and make breach of an order, whichever jurisdiction created it, an offence in the rest of the UK. In effect, they make sex offender orders enforceable throughout the UK.

§ Moved, That the House do agree with the Commons in their Amendment No. 57.—(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.

§ COMMONS AMENDMENTS

§ 58 Clause 60, page 55, line 30, leave out from beginning to end of line 38 and insert—

§ "(1) This section applies to—

(a) applications for an anti-social behaviour order; and
(b) applications for an order under section IB.

§ (2) Before making an application to which this section applies, the council for a local government area shall consult the chief officer of police of the police force maintained for the police area within which that local government area lies.

§ (3) Before making an application to which this section applies, a chief officer of police shall consult the council for the local government area in which the person in relation to whom the application is to bemade resides or appears to reside.

§ (4) Before making an application to which this section applies, a relevant authority other than a council for a local government area or a chief officer of police shall consult—

(a) the council for the local government area in which the person in relation to whom the application is to be made resides or appears to reside; and
(b) the chief officer of police of the police force maintained for the police area within which that local government area lies.""

§ 59 After Clause 60, insert the following new clause—

§ "Sex offenders: England and Wales

§ (1) Section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders) shall be amended as follows.

§ (2) in subsection (1) (application for a sex offender order)—

(a) for "in his police area" there shall be substituted "who he believes is in, or is intending to come to, his police area",
(b) for "the public" there shall be substituted "the public in the United Kingdom, or any particular members of that public,".

§ (3) in subsection (2) (which identifies the court to which an application must be made)—

(a) for "the magistrates' court" there shall be substituted (a) any magistrates'court; (b) at the end there shall be inserted ", or
(b) any magistrates' court whose commission area includes any part of the applicant's police area."

§ (4) in subsection (4) (the prohibitions which may be imposed), for "the public" there shall be substituted "the public in the United Kingdom or any particular members of that public,".

§ (5) In subsection (6) (variation or discharge of the order)—

(a) after "the applicant" there shall be inserted, "any other relevant chief officer of police",.
(b) for "the court which made a sex offender order for it" there shall be substituted "the appropriate court for the sex offender order".

§ (6) After that subsection there shall be inserted (6A) In subsection (6) above— 'the appropriate court' means

(a) the court which made the sex offender order, or
(b) any magistrates' court whose commission area includes any part of the police area of the applicant or of any other relevant chief officer of police; 'relevant chief officer of police' means a chief officer of police who believes that the defendant is in, or is intending to come to, his police area."

§ (7) In subsection (7) (discharge of orders), after "parties" there shall be inserted "and subject to subsection (7A) below".

§ (8) After that subsection there shall be inserted— (7A) Where any magistrates' court makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one.

§ (9) In subsection (8) (offence for breach of order), for "shall be" there shall be substituted "is guilty of an offence and".

§ (10) Subsections (4) to (6) apply in relation to applications and orders under section 2 of the Crime and Disorder Act 1998 (c. 37), whether made before or after the coming into force of this section."

§ 60 Insert the following new Clause—

§ "Interim orders for sex offenders: England and Wales (1) After section 2 of the Crime and Disorder Act 1998 (c. 37) there shall be inserted—

§ "2A Interim orders: sex offenders

(1) This section applies where an application for a sex offender order ("the main application') to a magistrates' court has not been determined.
(2) The applicant may apply by complaint to the court for an interim order, pending the determination of the main application.
(3) The court may make an interim order prohibiting the defendant from doing anything described in the order if it considers that it is appropriate to do so.
(4) An interim order

(a) shall have effect for the period specified in the order;
(b) shall (if still in force) cease to have effect on the determination of the main application.

(5) While an interim order is in force, Part 1 of the Sex Offenders Act 1997 (c. 51) shall have effect as if

(a) the defendant were subject to the notification requirements of that Part; and
(b) in relation to him the relevant date (within the meaning of that Part) were the date of service of the order.

(6) The applicant or the defendant may apply by complaint to the court which made the interim order for it to varied or discharged by a further order.
(7) If without reasonable excuse a person does anything which he is prohibited from doing by an interim order, he is guilty of an offence.
(8) A person guilty of an offence under subsection (7) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximums or to both, or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

(9) Where a person is convicted of an offence under subsection (7) above, it shall not be open to the court by or before which he is convicted to make an order under subsection (1)(b) (conditional discharge) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) in respect of the offence."

(2) In section 4(1) of that Act (appeals), for "or sex offender order" there shall be substituted, "a sex offender order or an order under Section 2A above".

§ 61 Insert the following new Clause—

§ "Sex offender orders made in Scotland or Northern Ireland After section 2A of the Crime and Disorder Act 1998 (c. 37) (which is inserted by section (Interim orders: sex offenders) there shall be inserted-"2B Sex offender orders made in Scotland or Northern Ireland

§ (1) If without reasonable excuse a person does anything in England and Wales which he is prohibited from doing there by—

(a) an order under section 20(4) below, or
(b) an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)), he is guilty of an offence.

§ (2) A person who is guilty of an offence under subsection (1) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both. or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

§ (3) Where a person is convicted of an offence under subsection (1) above, it shall not be open to the court by or before which he is convicted to make an order under subsection (1)(b) (conditional discharge) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) in respect of the offence.-."

§ 62 Insert the following new Clause—

§ "Sex offenders: Scotland (1) The Crime and Disorder Act 1998 (c. 37) shall be amended as follows. (2) In section 20(1) (application for a sex offender order in Scotland) for "in the area of his police force" there shall be substituted "who he believes is in, or is intending to come to, the area of his police force". (3) In section 20(2) (conditions to be fulfilled), for "the public" there shall be substituted "the public in the United Kingdom or any particular members of that public". (4) In section 20(3) (court to which application must be made)—

(a) after "application to" there shall be inserted"—(a)",.
(b) at the end there shall be inserted "; or (b) the sheriff whose sheriffdom includes any part of the area of the applicant's police force.".

(5) In section 20(5) (prohibitions which may be imposed), for "the public" there shall be substituted "the public in the United Kingdom, or any particular members of that public,". (6) In Section 21(7) (time limit, variation and revocation of order)—

(a) in paragraph (b), after "revoked" there shall be inserted (in the case of a sex offender order, by the appropriate court for that order),;
(b) in paragraph (b)(i), after "the order" there shall be inserted "or, in the case of a sex offender order, any other relevant chief constable".

106 (7) After that subsection there shall be inserted— (7A) In subsection (7) above— 'the appropriate court' means

(a) the sheriff who made the sex offender order; or
(b) the sheriff whose sheriffdom includes any part of thearea of the applicant's police force or of the police force of any other relevant chief constable;'relevant chief constable' means a chief constable who believes that the accused is in, or is intending to come to, the area of his police force."

(8) After subsection (7A) (inserted by subsection (7)) there shall be inserted— (7B) Where a sheriff makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of thesubsequent one. (9) Subsections (5) to (7) apply in relation to applications and orders under section 20 of the Crime and Disorder Act 1998 (c. 37), whether made before or after the coming into force of this section.

§ 63 Insert the following new Clause—

§ "Sex offender orders made in England and Wales or Northern Ireland After section 21 of the Crime and Disorder Act 1998 (c. 37) there shall be inserted-"21A Sex offender orders made in England and Wales or Northern Ireland

§ (1) If without reasonable excuse a person does anything in Scotland which he is prohibited from doing there by—

(a) an order under section 2(3) or 2A above; or
(b) an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)),he is guilty of an offence.

§ (2) A person who is guilty of an offence under subsection (1) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.""

§ 64 Insert the following new clause

§ "Sex offender orders: Northern Ireland (1) Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)) (sex offender orders) shall be amended as follows. (2) In paragraph (1) (application for a sex offender order)—

(a) for in Northern Ireland" there shall be substituted "who he believes is in, or is intending to come to, Northern Ireland".
(b) for "the public" there shall be substituted "the public in the United Kingdom, or any particular members of that public,".

(3) In paragraph (2) (which identifies the court to which an application must be made), for the words following "1981 to" there shall be substituted "any court of summary jurisdiction". (4) In paragraph (4) (the prohibitions which may be imposed), for "the public" there shall be substituted "the public in the United Kingdom, or any particular members of that public,". (5) In paragraph (7) (discharge of orders), after "parties" there shall be inserted "and subject to paragraph (7A)-. (6) After that paragraph there shall be inserted— (7A) Where a court makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one. (7) Subsection (4) applies in relation to applications and orders under Article 6 of the Criminal. Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)), whether made before or after the coming into force of this section.

107

§ 65 Insert the following new Clause—

§ "Interim orders for sex offenders: Northern Ireland (1) After Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)) there shall be inserted—

§ "6A Interim orders: sex offenders

(1) This Article applies where an application for a sex offender order ("the main application") to a court of summary jurisdiction has not been determined.
(2) The applicant may apply by way of complaint under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I.1981/1675 (N.I.26)) to the court for an interim order, pending the determination of the main application.
(3) The court nay make an interim order prohibiting the defendant from doing anything described in the order if it considers that it is appropriate to do so.
(4) An interim order—

(a) shall have effect for the period specified in the order,
(b) shall (if still in force) cease to have effect on the determination of the main application.

(5) While an interim order is in force, Part 1 of the Sex Offenders Act 1997 (c. 51) shall have effect as if—

(a) the defendant were subject to the notification requirements of that Part; and
(b) in relation to him the relevant date (within the meaning of that Part) were the date of service of the order.

(6) The applicant or the defendant may apply for the variation or discharge of the interim order by a further order.
(7) If without reasonable excuse a person does anything which he is prohibited from doing by an interim order, he is guilty of an offence.
(8) A person guilty of an offence under paragraph (7) shall be liable—

(a) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

(9) Where a person is convicted of an offence under paragraph (7), it shall not be open to the court by or before which he is convicted to make an order under paragraph (1)(b) (conditional discharge) of Article 4 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) in respect of the offence.—

(2) In Article 7(7) of that Order (sex offender orders: supplemental)—

(a) after "a sex offender order" there shall be inserted "or an interim order under Article 6A",.
(b) after "Article 6(6)" there shall be inserted "or 6A(6)"."

§ 66 Insert the following new Clause—

§ "Sex offender orders made in England and Wales or Scotland 'After Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (which is inserted by section (Interim orders for sex offenders: Northern Ireland) above) there shall be inserted—

§ "6B Sex offender orders made in England and Wales or Scotland

(1) If without reasonable excuse a person does anything in Northern Ireland which he is prohibited from doing there by an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) he is guilty of an offence.
(2) A person who is guilty of an offence under paragraph (1) shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

(3) Where a person is convicted of an offence under paragraph (1), it shall not be open to the court by or before which he is convicted to make an order under paragraph (1)(b) (conditional discharge) of Article 4 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) in respect of the offence.—

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 58 to 66.

§ Moved, That the House do agree with the Commons in their Amendments Nos. 58 to 66.—(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.

§ COMMONS AMENDMENT

§ 67 After Clause 62, insert the following new clause—

§ "Application of the Police (Property) Act 1897 to NCS (1) After section 2 of the Police (Property) Act 1897 (c. 30) there shall be inserted—

§ "2A Application to NCS

(1) This Act applies to property which has come into the possession of the National Crime Squad as it applies to property that has come into the possession of the police.
(2) In relation to property that has come into the possession of the National Crime Squad—

(a) the reference in section 1(1) to an officer of police is a reference to a member of that Squad, and
(b) references in section 2 to the property remaining in the possession of the police are references to its remaining in the possession of that Squad.

(3) The power to make regulations under section 2 has effect in relation to property that has come into the possession of the National Crime Squad as if—

(a) the relevant authority for the purposes of subsection (2A) of that section were the Service Authority for that Squad, and
(b) the reference in subsection (2A)(c) of that section to police purposes were a reference to the purposes of that Squad."

(2) In section (2) of that Act (regulations), for subsection (2B) there shall be substituted- (2B) The relevant authority for the purposes of subsection (2A) is the police authority.

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 67. The new clause was introduced in another place by the Government to give effect to one of the recommendations made by the Home Affairs Committee in its report on the Bill.
The Police (Property) Act 1897 deals with the disposal of property that comes into police possession during the investigation of a suspected offence. Property may be sold or kept for use by the police. The proceeds of the sale are paid to the police authority. The clause extends the 1897 Act to cover the National Crime Squad. I commend the amendment to the House.

§ Moved, That the House do agree with the Commons in their Amendment No. 67.—(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.

109

§ COMMONS AMENDMENT

§ 68 Clause 67, page 62, line 47, at end insert and, in a case where the power to make provision with respect to qualification for appointment as a constable or as a special constable, or for membership of a force, Service or Squad, is exercisable by any such regulations as are mentioned in that subsection, the regulations made must impose requirements with respect to all the matters mentioned in paragraphs (a) and (b).

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 68. The purpose of Clause 67 is to remove unnecessary barriers to recruitment and allow police forces to select people on merit rather than on irrelevant factors that have no bearing on their ability to do the job. The clause also addresses the current anomaly whereby Irish citizens can become police officers while other EC nationals are barred.
The effect will be to open up the police service to British citizens, EC nationals and to Commonwealth citizens and foreign nationals who are living here free of restrictions. It will widen the pool of potential recruits, helping the Police Service to improve its diversity and reflect better our society.
In earlier debates, several noble Lords, among them the noble Lords, Lord Renton and Lord Monson, expressed concern that Britain could be policed by people who did not have sufficient command of the English language or had little knowledge of this country. It had also been suggested that we should set a minimum residence period for foreign applicants before they could apply. Three and seven years were mentioned.
Our response was that setting a minimum period of residency is rather arbitrary and very difficult to monitor. The same effect can be achieved by requiring foreign nationals and Commonwealth citizens to be resident here free of restrictions. Normally, residence is not attracted until people have lived here for a minimum of 12 months—often considerably longer.
While we think that noble Lords' fears are misplaced, nevertheless, in response to those concerns we have now provided for regulations to be made which must impose requirements as to competence in English and immigration status. It is our intention that the regulations will include a requirement for applicants to be lawfully settled in the UK free of restrictions and able to communicate effectively in oral and written English.
We also need the ability to reserve particular posts in the interests of national security. However, it would not be appropriate to make this provision mandatory as it would not be needed by all the police forces which this clause covers. The provision should be retained to reserve specific posts only as necessary. I commend the amendment to the House.

§ Moved, That the House do agree with the Commons in their Amendment No. 68.—(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.

110

§ COMMONS AMENDMENT

§ 69 After Clause 79, insert the following new clause—

§ "Duties under the Health and Safety at Work etc. Act 1974 (1) The following enactments shall be amended in accordance with subsections (2) and (3)—

(a) section 51A of the Health and Safety at Work etc. Act 1974 (c. 37) (application of Part 1 of that Act to the police);
(b)section 49A of the Employment Rights Act 1996 (c. 18) (right of police officers not to suffer a detriment in relation to health and safety at work issues); and
(c)section 134A of that Act (right of police officers not to be unfairly dismissed in relation to health and safety at work issues).

(2) In subsection (1 of each of those sections, for "officer" there shall be substituted "authority". (3) For subsection (2) of each of those sections, there shall be substituted- (2) In this section 'the relevant authority' means—

(a) in relation to a member of a police force, a special constable appointed for a police area or a police cadet appointed by a chief officer of police, the police authority or, in the case of a combined area in Scotland, the police board (within the meaning of the Police (Scotland) Act 1967 (c. 77));
(b) in relation to a person appointed as a police member of the National Criminal Intelligence Service, the Service Authority for that service;
(c) in relation to a person appointed as a police member of the National Crime Squad, the Service Authority for that squad;
(d) in relation to any other person holding the office of constable or an appointment as police cadet the person responsible for maintaining the body of constables or police cadets in question.

(2A) The Commissioner of Police for the City of London shall be treated for the purposes of this section as if he were a member of the City of London police force. (4) After subsection (2A) of section 51A of the Health and Safety at Work etc. Act 1974 (c. 37) (which is inserted by subsection (3)) there shall be inserted— (2B) The following provisions (which impose the same liability for unlawful conduct of constables on persons with their direction and control as would arise if the constables were the employees of those persons) do not apply in relation to any liability arising in respect of a contravention of this Act—

(a) section 88(1) of the Police Act 1996 (c. 16);
(b) section 97(9) of that Act;
(c) section 42(1) of the Police Act 1997 (c. 50);
(d) section 86(1) of that Act;
(e) paragraph 7(1) of Schedule 8 to that Act;
(f) section 39 of the Police (Scotland) Act 1967 (c. 77), and
(g) paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001 (c. 16).

(2C) The provision which may be made by health and safety regulations includes in particular—

(a) provision which, for the purposes of this Part specified in the regulations, treats the acts or omissions of a chief officer as if they were acts or omissions of the relevant authority in relation to the constables or police cadets under that officer's direction and control.
(b) provision which treats premises under the control of a chief officer as premises under the control of the relevant authority in relation to that officer.

(2D) In subsection (2C) 'chief officer' means—

(a) chief officer of police;
(b) the Director General of the National Criminal intelligence Service,
(c) the Director General of the National Crime Squad; or
(d) any other person having direction and control of a body of constables or police cadets."

(5) In each of paragraphs (a), (b) and (c) of subsection (3) of that section, for "chief officer of police there shall be substituted "police authority". (6) In subsection (4) of that section, for "or (c)" there shall be substituted "(c) or (d)". (7) Section 5 of the Police (Health and Safety) Act 1997 (c. 42) (payments by police authorities etc. out of relevant funds in relation to contraventions of health and safety legislation) shall cease to have effect. (8) An order bringing this section into force may make such savings and transitional provisions as the Secretary of State thinks fit.

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 69. The amendment, which received cross-party support when introduced at the Report stage in another place, has the effect of deeming police authorities and, in Scotland, police boards, to be employers of police officers for the purposes of health and safety legislation. Equivalent provision is made for the National Criminal Intelligence Service and the National Crime Squad, where the service authority for each body will be deemed to be the employer of police officers for this purpose.
Health and safety legislation, as it currently applies to the police, treats chief officers as the employers of police officers. This has created an anomaly whereby the chief officers of forces are personally liable where they are prosecuted as employers for alleged breaches of health and safety legislation. This situation arises because forces are not bodies corporate and consequently are not legal entitles in their own right.
As a result, the chief officer may end up in the dock in a personal capacity rather than as the representative of his or her own force. If convicted, the chief officer would incur a criminal record. That is an invidious position in which to put a chief officer. What is more, it can damage the image of policing to no useful purpose.
Following extensive consultation with the Association of Chief Police Officers, the Association of Police Authorities and the Health and Safety Executive, we are, by these amendments, transferring the employers' liability for health and safety to the police authority. That will bring the position in respect of police officers into line with that which already exists for police support staff where police authorities are the employer.
We will negotiate with ACPO, the APA and the Health and Safety Executive detailed arrangements, setting out the respective responsibilities of chief officers and police authorities for health and safety matters within the framework of police authority responsibilities and powers under the Police Act 1996.
We will enshrine these arrangements in a statutory code of practice. The code will make clear that police authorities are responsible for ensuring that chief officers have in place suitable arrangements for dealing with health and safety issues, and that police authorities can call for reports if not satisfied that chief officers are carrying out their responsibilities in this area. The code will further provide that chief officers, 112 rather than police authorities, will be responsible as now for carrying out health and safety risk assessments. I commend the amendment to the House.

§ Moved, That the House do agree with the Commons in their Amendment No. 69.—(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.

§ COMMONS AMENDMENTS

§ 70 Clause 89, page 85, line 30, leave out "40(7)"

§ 71 Clause 92, page 86, line 25, leave out "sections 84," and insert (a) section 84, the entries in Schedule 8 relating to the Housing Act 1985 (c. 68), the Housing Act 1988 (c. 50), paragraphs 51 and 59 of Schedule 27 to the Greater London Authority Act 1999 (c. 29) and paragraph 74 of Schedule 6 to the Criminal Justice and Police Act 2001 (c. 16) and section 91(2) (so far as relating to those entries); and (b) sections

§ 72 Page 86, line 31, at beginning insert "Sections (Sex offender orders: Scotland) and (Sex offender orders made in England and Wales or Northern Ireland"

§ 73 Page 87, line 6, leave out "96(3)" and insert "96

§ 74 Page 87, line 12 leave out subsection (11)

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 70 to 74.

§ Moved, That the House do agree with the Commons in their Amendments Nos. 70 to 74.—(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.

§ 7.45 p.m.

§ The Deputy Speaker (Viscount Allenby of Megiddo)
My Lords, I am advised that Amendments Nos. 75 to 75D should be taken en bloc.

§ COMMONS AMENDMENTS

§ 75 Schedule 1, page 91, line 41, at end insert—

§ "Directions as to action plans 3A (1) After section 31 there shall be inserted

§ "31A Power to give directions as to action plans

(1) This section applies where an inspection report made to the Secretary of State states -

(a) that, in the opinion of the person making the report, the whole or any part of NCIS is, whether generally or in particular respects, not efficient or not effective; or
(b) that, in that person's opinion, the whole or a part of NCIS will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken.

(2) The Secretary of State may, after consultation with the Scottish Ministers, direct the NCIS Service Authority to submit to the Secretary of State a plan ('an action plan') for taking remedial measures in relation to anything that the Secretary of State considers relevant to the matters as to which he is satisfied as mentioned in subsection (1).
(3) If the NCIS Service Authority is directed to submit an action plan, that authority shall direct the Director General of NCIS to prepare a draft of it and to submit it to the NCIS Service Authority for that authority to consider.
(4) The NCIS Service Authority, on considering a draft action plan submitted to it under subsection (3) may submit the plan to the Secretary of State, with or without modifications.
(5) If the NCIS Service Authority proposes to make modifications to the draft of the action plan submitted under subsection (3), it must consult with the Director General of NCIS.
(6) On considering an action plan submitted to him in accordance with a direction under this section, the Secretary of State may, if he is of the opinion that the remedial measures contained in the action plan submitted to him are inadequate, notify the NCIS Service Authority and the Director General of NCIS of that opinion and of his reasons for it.
(7) In forming an opinion for the purposes of subsection (6), the Secretary of State must consult with the Scottish Ministers.
(8) If the NCIS Service Authority is notified under subsection (6) -
1. (a) it shall consider, after consultation with the Director General of NCIS about the matters notified, whether to revise the action plan in the light of those matters; and
2. (b) if it does revise that plan, it shall send a copy of the revised plan to the Secretary of State.
(9) On giving a direction under this section to the NCIS Service Authority, the Secretary of State shall notify the Director General of NCIS that he has given that direction.
(10) The period within which a direction to submit an action plan must be complied with is such period of not less than four weeks and not more than twelve weeks after it is given as may be specified in the direction.
(11) The provision that a direction under this section may require to be included in an action plan to be submitted to the Secretary of State includes -
1. (a) provision setting out the steps that the NCIS Service Authority proposes should be taken in respect of the matters to which the direction relates and the performance targets the authority proposes should be met,
2. (b) provision setting out that Authority's proposals as to the times within which those steps are to be taken and those standards to be met and the means by which the success of the plan's implementation is to be measured;
3. (c) provision for the making of progress reports to the Secretary of State about the implementation of the action plan;
4. (d) provision as to the times at which, and the manner in which, any progress report is to be made; and
5. (e), provision for the duration of the plan and for it to cease to apply in the circumstances determined by the Secretary of State.
(12) Nothing in this section shall authorise the Secretary of State or the NCIS Service Authority to direct the inclusion in an action plan or draft action plan of any requirement to do or not to do anything in a particular case identified for the purposes of the requirement, or in relation to a particular person so identified.
(13) In this section references, in relation to a case in which there is already an action plan in force, to the submission of a plan to the Secretary of State include references to the submission of revisions of the existing plan; and the preceding provisions of this section shall have effect accordingly.
(14) The NCIS Service Authority shall comply with any direction given to it under this section.
(15) The Director General of NCIS shall comply with any direction given to him under this section.
(16) If the Secretary of State exercises his power to give a direction under this section -

(a) he shall prepare a report on his exercise of that power,
(b) he shall lay a copy of that report before Parliament; and
(c) he shall send a copy of that report to the Scottish Ministers.

(17) The Scottish Ministers shall lay any copy of a report sent to them under subsection (16) before the Scottish Parliament.
(18) A report under subsection (16) -

(a) shall be prepared at such time as the Secretary of State considers appropriate; and
(b) may relate to more than one exercise of the power mentioned in that subsection.

(19) In this section 'an inspection report' means a report under section 54 of the Police Act 1996 (c. 16), section 33 of the Police (Scotland) Act 1W (c. 77) or section 41 of the Police (Northern Ireland) Act 1998 (c. 32).
(20) Nothing in this section or in section 30 prevents the Secretary of State in the case of the same inspection report from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under that section."

(2) After section 76 there shall be inserted -

§ "76A Power to give directions as to action plans

(1) This section applies where a report made to the Secretary of State on an inspection under section on 54 of the Police Act 1996 (c. 16) states

(a) that, in the opinion of the person making the report, the whole or any part of the National Crime Squad is, whether generally or in particular respects, not efficient or not effective; or
(b) that, in that person's opinion, the whole or a part of the National Crime Squad will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken.

(2) The Secretary of State may direct the NCS Service Authority to submit to the Secretary of State a plan ('an action plan') for taking remedial measures in relation to anything that the Secretary of State considers relevant to the matters as to which he is satisfied as mentioned in subsection (1).
(3) If the NCS Service Authority is directed to submit an action plan, that authority shall direct the Director General of the National Crime Squad to prepare a draft of it and to submit it to the NCS Service Authority for that authority to consider.
(4) The NCS Service Authority, on considering a draft action plan submitted to it under subsection (3) may submit the plan to the Secretary of State, with or without modifications.
(5) If the NCS Service Authority proposes to make modifications to the draft of the action plan submitted under subsection (3), it must consult with the Director General of the National Crime Squad.
(6) On considering an action plan submitted to him in accordance with a direction under this section, the Secretary of State may, if he is of the opinion that the remedial measures contained in the action plan submitted to him are inadequate, notify the NCS Service Authority and the Director General of the National Crime Squad of that opinion and of his reasons for it.
(7) If the NCS Service Authority is notified under subsection (6) -

(a) it shall consider, after consultation with the Director General of the National Crime Squad about the matters notified, whether to revise the action plan in the light of those matters; and
(b) if it does revise that plan, it shall send a copy of the revised plan to the Secretary of State.

(8) On giving a direction under this section to the NCS Service Authority, the Secretary of State shall notify the Director General of the National Crime Squad that he has given that direction.
(9) The period within which a direction to submit an action plan must be complied with is such period of not less than four weeks and not more than twelve weeks after it is given as may be specified in the direction.
(10) The provision that a direction under this section may require to be included in an action plan to be submitted to the Secretary of State includes -

(a) provision setting out the steps that the NCS Service Authority proposes should be taken in respect of the matters to which the direction relates and the performance targets the authority proposes should be met;
(b) provision setting out that Authority's proposals as to the times within which those steps are to be taken and those standards to be met and the means by which the success of the plan's implementation is to be measured;
(c) provision for the making of progress reports to the Secretary of State about the implementation of the action plan;
(d) provision as to the times at which, and the manner in which, any progress report is to be made; and
(e) provision for the duration of the plan and for it to cease to apply in the circumstances determined by the Secretary of State.

(11) Nothing in this section shall authorise the Secretary of State or the NCS Service Authority to direct the inclusion in m action plan or draft action plan of any requirement to do or not to do anything in a particular case identified for the purposes of the requirement, or in relation to a particular person so identified.
(12) In this section references, in relation to a case in which there is already an action plan in force, to the submission of a plan to the Secretary of State include references to the submission of revisions of the existing plan; and the preceding provisions of this section shall have effect accordingly.
(13) The NCS Service Authority shall comply with any direction given to it under this section.
(14) The Director General of the National Crime Squad shall comply with any direction given to him under this section.
(15) If the Secretary of State exercises his power to give a direction under this section—

(a) he shall prepare a report on his exercise of that power; and
(b) he shall lay that report before Parliament.

(16) A report under subsection (15) -

(a) shall be prepared at such time as the Secretary of State considers appropriate; and
(b) may relate to more than one exercise of the power mentioned in that subsection.

(17) Nothing in this section or in section 75 prevents the Secretary of State in the case of the same report under section 54 of the Police Act 1996 (c. 16) from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under section 75.

§ Procedure for giving directions.

§ 3B (1) After section 31A (which is inserted by paragraph 3A(I)) there shall be inserted—

§ "31B Procedure for giving directions by the Secretary of State

(1) The Secretary of State shall not give a direction under section 30 or 31 A unless—
1. (a) the NCIS Service Authority and the Director General of NCIS have each been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;
2. (b) the NCIS Service Authority and the Director General of NCIS have each been given an opportunity of making representations about those grounds;
3. (c) the NCIS Service Authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and
4. (d) the Secretary of State has considered any such representations and any such proposals.
(2) The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by him under section 30 or 31A.
(3) Before making any regulations under this section, the Secretary of State shall consult with -
1. (a) the Scottish Ministers;
2. (a) the NCIS Service Authority,
3. (c) the Director General of NCIS;
4. (d) persons whom he considers to represent the interests of police authorities in England and Wales;
5. (e) persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales; and
6. (f) such other persons as he thinks fit.
(4) Regulations under this section may make different provision for different cases and circumstances.
(5) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

§ 31C Procedure for giving directions by the Scottish Ministers

(1) The Scottish Ministers shall not give a direction under section 30 unless-
1. (a) the NCIS Service Authority and the Director General of NCIS have each been given such information about the Scottish Ministers' grounds for proposing to give that direction as they consider appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;
2. (b) the NCIS Service Authority and the Director General of NCIS have each been given an opportunity of making representations about those grounds;
3. (c) the NCIS Service Authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and
4. (d) the Scottish Ministers have considered any such representations and any such proposals.
(2) The Scottish Ministers may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by them under section 30.
(3) Before making any regulations under this section, the Scottish Ministers shall consult with-
1. (a) the Secretary of State;
2. (b) the NCIS Service Authority;
3. (c) the Director General of NCIS;
4. (d) persons whom they consider to represent the interests of police authorities in Scotland;
5. (e) persons whom they consider to represent the interests of chief constables of police forces in Scotland; and
6. (f) such other persons as they think fit.
(4) Regulations under this section may make different provision for different cases and circumstances.
(5) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Scottish Parliament."

(2) In section 45 (orders and regulations under Part 1), after "Part" there shall be inserted "or of the Scottish Ministers to make regulations under this Part". (3) After section 76A (which is inserted by paragraph 3A(2)), there shall be inserted —

§ "76B Procedure for giving directions under sections 75 and 76A

(1) The Secretary of State shall not give a direction under section 75 or 76A unless-
1. (a) the NCS Service Authority and the Director General of the National Crime Squad have each been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;
2. (b) the NCS Service Authority and the Director General of the National Crime Squad have each been given an opportunity of making representations about those grounds,
3. (c) the NCS Service Authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and
4. (d) the Secretary of State has considered any such representations and any such proposals.
(2) The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by him under section 75 or 76A.
(3) Before making any regulations under this section, the Secretary of State shall consult with -
1. (a) the NCS Service Authority;
2. (b) the Director General of the National Crime Squad;
3. (c) persons whom he considers to represent the interests of police authorities;
4. (d) persons whom he considers to represent the interests of chief officers of police, and
5. (e) such other persons as he thinks fit.
(4) Regulations under this section may make different provision for different cases and circumstances.
(5) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."."

§ 75A Line 14, leave out from beginning to end of line 19 and insert - (2) If the Secretary of State considers that remedial measures are required in relation to any matter identified by the report, he may, after consultation with the Scottish Ministers, direct the NCIS Service Authority to submit an action plan to him. (2A) An action plan is a plan setting out the remedial measures which the NC IS Service Authority proposes to take in relation to the matters in respect of which the direction is given.

§ 75B Line 61, leave out "standards" and insert "targets"

§ 75C Line 120, leave out from beginning to end of line 124 and insert - (2) If the Secretary of State considers that remedial measures are required in relation to any matter identified by the report, he may direct the NCS Service Authority to submit an action plan to him. (2A) An action plan is a plan setting out the remedial measures which the NCS Service Authority proposes to take in relation to the matters in respect of which the direction is given.

§ 75D Line 166, leave out "standards" and insert "targets"

§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 75 and to Amendments Nos. 75A to 75D thereto standing in my name. I have already spoken to these amendments and I commend them to the House.

§ Moved, That the House do agree with the Commons in their Amendment No. 75 and to Amendments Nos. 75A to 75D thereto.—(Lord Falconer of Thoroton.)

§ On Question, Motion agreed to.