Clause 20 — National Security: Appointment of Commissioner
Protection of Freedoms Bill (Ways and Means)
8:44 pm
Amendment proposed: 108, page 13, line 26, leave out from ‘must’ to end of line 28 and insert—
‘place a report in both Houses, after consultation with the Association of Chief Police Officers (ACPO), on the suitability of a Commissioner for the Retention and Use of Biometric Material (referred to in this section and sections 21 and 22 as “the Commissioner”.
‘(1A) Subject to the approval of a report laid under subsection (1) by resolution of both Houses of Parliament, the Secretary of State may appoint a Commissioner to be known as the Commissioner for the Retention and Use of Biometric Material.’.—(Mr Hanson.)
Question put, That the amendment be made.
The House divided:
Ayes 227, Noes 291.
Question accordingly negatived.
Amendments made: 8, page 13, line 28, leave out ‘sections 21 and 22’ and insert ‘section 21’.
Amendment 9, page 13, line 38, at end insert—
(iiia) paragraph 11 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (paragraph 6 material retained for purposes of national security),’.
Amendment 10, page 14, line 10, after ‘functions’ insert ‘under subsection (2)’.
Amendment 11, page 14, line 17, at end insert—
‘(5A) The Commissioner also has the function of keeping under review—
(a) the retention and use in accordance with sections 63A and 63D to 63S of the Police and Criminal Evidence Act 1984 of—
(i) any material to which section 63D or 63Q of that Act applies (fingerprints, DNA profiles and samples), and
(ii) any copies of any material to which section 63D of that Act applies (fingerprints and DNA profiles),
(b) the retention and use in accordance with paragraphs 20A to 20I of Schedule 8 to the Terrorism Act 2000 of—
(i) any material to which paragraph 20A or 20G of that Schedule applies (fingerprints, relevant physical data, DNA profiles and samples), and
(ii) any copies of any material to which paragraph 20A of that Schedule applies (fingerprints, relevant physical data and DNA profiles),
(c) the retention and use in accordance with sections 18 to 18E of the Counter-Terrorism Act 2008 of—
(i) any material to which section 18 of that Act applies (fingerprints, DNA samples and DNA profiles), and
(ii) any copies of fingerprints or DNA profiles to which section 18 of that Act applies,
(d) the retention and use in accordance with paragraphs 5 to 14 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 of—
(i) any material to which paragraph 6 or 12 of that Schedule applies (fingerprints, relevant physical data, DNA profiles and samples), and
(ii) any copies of any material to which paragraph 6 of that Schedule applies (fingerprints, relevant physical data and DNA profiles).
(5B) But subsection (5A) does not apply so far as the retention or use of the material falls to be reviewed by virtue of subsection (2).
(5C) In relation to Scotland—
(a) the reference in subsection (5A)(b) to use of material, or copies of material, in accordance with paragraphs 20A to 20I of Schedule 8 to the Terrorism Act 2000 includes a reference to use of material, or copies of material, in accordance with section 19C(2)(c) and (d) of the Criminal Procedure (Scotland) Act 1995, and
(b) the reference in subsection (5A)(d) to use of material, or copies of material, in accordance with paragraphs 5 to 14 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 is to be read as a reference to use only for a purpose mentioned in paragraph 13(1)(a) or (b) of that Schedule to that Act.
(5D) The Commissioner also has functions under sections 63F(5)(c) and 63FA (giving of consent in relation to the retention of certain section 63D material).’.—(James Brokenshire.)