Schedule 3 - Handling of Complaints and - Conduct Matters etc.
Police Reform Bill [Lords]
4:45 pm
Mr Bob Ainsworth (Parliamentary Under-Secretary, Home Office; Coventry North East, Labour)
I hope that some of my comments have reassured my hon. Friend. We are discussing a person who has been identified as responsible for keeping a family informed. Obviously if they do not want to be informed, that will not be forced on them. We do not intend to give everyone a right to be kept informed but only a main individual.
In addition, a complaint does not have to be made for an investigation to be conducted. The commission may decide to conduct an investigation without a complaint having been made, in a proactive way. In such circumstances, we need the legal ability, which the Bill would lack if the amendments were not made, to keep a family member informed of progress.
Hon. Members are right about the burden that could result if we do not get this right. I am sure that everyone agrees with the sentiment behind the proposal and that we must have the legal ability to do what we want competently and without imposing a duty on organisations that would detract from their main purpose of conducting the investigation. The points have been well made and are well accepted, and I hope that we shall satisfy hon. Members when we draft the regulations.
Amendment agreed to.
Amendments made: No. 155, in page 117, line 5, leave out sub-paragraph (4) and insert—
'(4) It shall be the duty of the Commission to notify the persons mentioned in sub-paragraph (4A) if criminal proceedings are brought against any person by the Director of Public Prosecutions in respect of any matters dealt with in a report copied to him under sub-paragraph (2)(c).
(4A) Those persons are—
(a) in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for certain persons other than complainant); and
(b) in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that section.'.
No. 156, in page 117, line 46, leave out from '(7)(b)' to 'setting', in line 48, and insert
'the Commission shall give a notification to—
(a) in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for certain persons other than complainant); and
(b) in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under that section.
(8A) The notification required by sub-paragraph (8) is one'.
No. 157, in page 117, line 50, leave out 'that determination' and insert
'the Commission's determination under sub-paragraph (7)(b)'.
No. 158, in page 118, line 31, leave out sub-paragraph (4) and insert—
'(4) It shall be the duty of the appropriate authority to notify the persons mentioned in sub-paragraph (4A) if criminal proceedings are brought against any person by the Director of Public Prosecutions in respect of any matters dealt with in a report copied to him under sub-paragraph (2)(b).
(4A) Those persons are—
(a) in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for certain persons other than complainant); and
(b) in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that section.'.
No. 159, in page 119, line 3, leave out from '(5)' to 'setting', in line 5, and insert
'the appropriate authority shall give a notification to—
(a) in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for certain persons other than complainant); and
(b) in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under that section.
(6A) The notification required by sub-paragraph (6) is one'
No. 160, in page 119, line 7, leave out 'that sub-paragraph' and insert 'sub-paragraph (5)'.
No. 161, in page 119, line 36, after 'authority' insert
', every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for certain persons other than complainant)'.
No. 162, in page 120, line 39, after 'complainant;' insert—
'(bb) to every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for certain persons other than complainant);'.
No. 163, in page 120, line 45, after 'complainant;' insert—
'(aa) to every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for certain persons other than complainant);'.
No. 164, in page 121, line 35, after 'complainant;' insert—
'(bb) to every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for certain persons other than complainant);'.
No. 165, in page 121, line 41, after 'complainant;' insert—
'(aa) to every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for certain persons other than complainant);'.
No. 166, in page 123, line 14, after 'complainant' insert
'and every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for certain persons other than complainant)'.
No. 167, in page 123, line 24, after 'complainant' insert
'and every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for certain persons other than complainant)'.—[Mr. Ainsworth.]
Schedule 3, as amended, agreed to.