HL Deb 13 November 2003 vol 654 cc1645-7

155 After Clause 93, Insert the following new Clause—

"Abolished homosexual offences Schedule (Procedure for ending notification requirements for abolished homosexual offences) (procedure for ending notification requirements for abolished homosexual offences) has effect.

156 After Clause 93, Insert the following new Clause—

"Part 2: supply of information to Secretary of State etc. for verification

  1. (1) This section applies to information notified to the police under—
    1. (a) section 84, 85 or 86, or
    2. (b) section 2(1) to (3) of the Sex Offenders Act 1997 (c. 51).
  2. (2) A person within subsection (3) may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—
    1. (a) the Secretary of State,
    2. (b) a Northern Ireland Department, or
    3. (c) a person providing services to the Secretary of State or a Northern Ireland Department in connection with a relevant function,
      • for use for the purpose of verifying the information.
    4. (3) The persons are—
    1. (a) a chief officer of police (in Scotland, a chief constable),
    2. (b) the Police Information Technology Organisation,
    3. (c) the Director General of the National Criminal Intelligence Service,
    4. (d) the Director General of the National Crime Squad.
  3. (4) In relation to information supplied under subsection (2) to any person, the reference to verifying the information is a reference to—
    1. (a) checking its accuracy by comparing it with information held—
      1. (i) where the person is the Secretary of State or a Northern Ireland Department, by him or it in connection with the exercise of a relevant function, or
      2. (ii) where the person is within subsection (2)(c), by that person in connection with the provision of services referred to there, and
    2. (b) compiling a report of that comparison.
  4. (5) Subject to subsection (6), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising or imposed).
  5. (6) This section does not authorise the doing of anything that contravenes the Data Protection Act 1998 (c. 2)).
  6. (7) This section does not affect any power existing apart from this section to supply information.
  7. (8) In this section—
    1. (a) a function relating to social security, child support, employment or training,
    2. (b) a function relating to passports,
    3. (c) a function under Part 3 of the Road Traffic Act 1988 (c. 52) or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1))."

157 After Clause 93, Insert the following new Clause—

"Part 2: supply of information by Secretary of State etc.

  1. (1) A report compiled under section (Part 2: supply of information to Secretary of State etc. for verification) may be supplied by—
    1. (a) the Secretary of State,
    2. (b) a Northern Ireland Department, or
    3. (c) a person within section (Part 2: supply of information to Secretary of State etc. for verification)(2)(c),
  2. (2) The persons are—
    1. (a) a chief officer of police (in Scotland, a chief constable),
    2. (b) the Director General of the National Criminal Intelligence Service,
    3. (c) the Director General of the National Crime Squad.
  3. (3) Such a report may contain any information held—
    1. (a) by the Secretary of State or a Northern Ireland Department in connection with the exercise of a relevant function, or
    2. (b) by a person within section (Part 2: supply of information to Secretary of Stale etc. for verification)(2)(c) in connection with the provision of services referred to there.
  4. (4) Where such a report contains information within subsection (3), the person within subsection (2) to whom it issupplied—
    1. (a) may retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of an offence under this Part, and
    2. (b) may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.
  5. (5) Subsections (5) to (8) of section (Part 2: supply of information to Secretary of State etc. for verification) apply in relation to this section as they apply in relation to section (Part 2: supply of information to Secretary of State etc. for verification)."

Baroness Scotland of Asthal

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 155 to 157.

Amendments Nos. 155 and 261 introduce a new schedule that provides a procedure for the removal of the notification requirements from offenders convicted of buggery and indecency between men where the activity was consensual and the victim was aged 16 or 17. However, it has come to my attention that Amendment No. 261 is insufficient; it does not cover those who have been convicted of, or as well as, offences themselves and attempt conspiracy or incitement to commit the offences or of aiding, abetting, counselling or procuring the commission of offences.

This mistake came to our attention only this morning and it is important that we get this procedure right. I will ask the House to reject Amendment No. 261 so that we may rectify the omission in the other place. My manuscript Motion No. 261A to this effect is in the Printed Paper Office.

Moved, That the House do agree with the Commons in their Amendments Nos. 155 to 157.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.