Public Bill Committees
Serious Organised Crime and Police Bill
- Serious Organised Crime and Police Bill, 1st sitting (4 speeches)
[Dame Marion Roe in the Chair]
- Serious Organised Crime and Police Bill, 2nd sitting, part 1 (0 speeches)
- (Part I) (0 speeches)
[Mr. Bill O'Brien in the Chair]
- Schedule 1 - The Serious Organised Crime Agency (37 speeches)
Amendment proposed [this day]: No. 120, in schedule 1, page 120, line 28, after '9)', insert— '(aa) such persons appointed by SOCA under this paragraph as police members of...
- Clause 2 - Functions of SOCA as to serious organised crime (16 speeches)
Question proposed, That the clause stand part of the Bill.
- Clause 3 - Functions of SOCA as to information relating to crime (15 speeches)
I beg to move amendment No. 5, in clause 3, page 2, line 42, after 'agencies', insert— '(ca) intelligence agencies,'.
- Clause 5 - SOCA's general powers (22 speeches)
I beg to move amendment No. 7, in clause 5, page 3, line 37, after 'institute', insert 'and have the conduct of any'.
- Serious Organised Crime and Police Bill, 2nd sitting, part 2 (0 speeches)
- [Part II] (0 speeches)
[Mr. Bill O'Brien in the Chair]
- Clause 6 - Former Inland Revenue matters (9 speeches)
I beg to move amendment No. 9, in clause 6, page 4, line 28, leave out paragraph (b).
- Clause 7 - Annual reports (7 speeches)
I beg to move amendment No. 13, in clause 7, page 5, line 28, at end insert '(4A) The Secretary of State must lay a copy of the annual report before Parliament.'.
- Clause 12 - Reports to Secretary of State (0 speeches)
Amendment proposed: No. 87, in clause 12, page 7, line 18, at end insert— 'The Secretary of State must lay before Parliament any report published under this section.'.—[Mr. Heath.]...
- Clause 17 - Inspections (3 speeches)
I beg to move amendment No. 88, in clause 17, page 9, line 37, leave out 'jointly by HMIC and'. The amendment deals with the arrangements for Scotland where there is an inspection of SOCA's...
- Clause 22 - Operational responsibility of (16 speeches)
I beg to move amendment No. 89, in clause 22, page 12, line 21, at end add— '(3) Any duty or responsibility of SOCA specified in sections 2 to 21 shall be a duty or responsibility of the...
- Clause 23 - Activities in Scotland in relation to crime (13 speeches)
I beg to move amendment No. 68, in clause 23, page 12, line 31, at end add— '(4) Subsections (1) to (3) shall not apply in the event of circumstances which the Secretary of State believes...
- Clause 24 - Mutual assistance between SOCA (0 speeches)
Amendment made: No. 14, in clause 24, page 13, line 43, at end insert— (9A) If the assistance mentioned in subsection (8) or (9) is provided for or (as the case may be) by— (a) a...
- Clause 25 - Mutual assistance between SOCA (0 speeches)
Amendments made: No. 15, in clause 25, page 14, line 30, leave out 'the United Kingdom' and insert 'England and Wales or Northern Ireland'. No. 16, in clause 25, page 14, line 31, after...
- Clause 27 - Regulations as to equipment (13 speeches)
I beg to move amendment No. 72, in clause 27, page 16, line 25, leave out from 'must' to 'such' in line 27 and insert— '(a) consult SOCA and have regard to any representations it may make...
- Clause 28 - Liability of SOCA for acts of seconded staff (0 speeches)
Amendments made: No. 19, in clause 28, page 16, line 32, leave out 'seconded persons' and insert 'persons to whom this section applies'.—[Caroline Flint.] No. 20, in clause 28, page 16,...
- Clause 29 - Payment by SOCA of amounts in connection (0 speeches)
Amendment made: No. 24, in clause 29, page 17, line 14, at end insert— '(c) any constable or other person who has been provided for the assistance of SOCA under section 24, 25 or [Directed...
- Clause 30 - Application of sections 28 and 29 to (0 speeches)
Amendments made: No. 25, in clause 30, page 17, line 22, leave out 'seconded person within the meaning of that section' and insert 'person to whom that section applies'. No. 26, in...
- Clause 32 - Disclosure of information by SOCA (0 speeches)
Amendment made: No. 27, in clause 32, page 18, line 39, at end insert 'or (c) a disclosure in contravention of section [Restrictions on further disclosure](2).'. 'or (c) a disclosure in...
- Clause 34 - Disclosure of police information to SOCA (3 speeches)
I beg to move amendment No. 90, in clause 34, page 19, line 17, at end insert— '(1A) The chief officer of a special police force must keep SOCA informed of any information relating to crime...
- Clause 36 - Directions (0 speeches)
Amendment made: No. 28, in clause 36, page 19, line 30, after 'State', insert 'or by the Scottish Ministers'.—[Caroline Flint.] Clause 36, as amended, ordered to stand part of the Bill....
- Clause 38 - Designation of SOCA staff as persons (12 speeches)
I beg to move amendment No. 93, in clause 38, page 21, line 6, after 'it,' insert 'the areas in which such powers may be exercised,'. The amendment deals with the designation of a person as...
- Clause 39 - Delegation of power to designate (5 speeches)
I beg to move amendment No. 95, in clause 39, page 21, line 28, leave out from second 'to' to end of line 31 and insert 'his deputy'.
- Clause 41 - Person having powers of a constable (2 speeches)
I beg to move amendment No. 97, in clause 41, page 22, line 9, at end insert 'the'. This is pedantry. It would allow consistent drafting, so I hope that the Minister will say that she agrees with it.
- Clause 45 - Designations: supplementary (0 speeches)
Amendment made: No. 29, in clause 45, page 24, line 34, leave out 'seconded person (within the meaning of section 28)' and insert 'person to whom section 28 applies by virtue of subsection...
- Clause 47 - Modification of enactments (0 speeches)
Amendment made: No. 30, in clause 47, page 26, line 4, at end insert— '(c) conferring on the Director General of SOCA functions exercisable in relation to such persons.'.—[Caroline...
- Clause 48 - Employment provisions (4 speeches)
I beg to move amendment No. 98, in clause 48, page 26, line 21, leave out 'not'. The amendment would reverse the assumption inherent in clause 48, so that every person acting in the office of...
- New clause 1 - Liability of special police forces (0 speeches)
'(1) The relevant authority is liable in respect of unlawful conduct of persons to whom this section applies in the carrying out, or the purported carrying out, of their functions as such persons...
- Serious Organised Crime and Police Bill, 3rd sitting (2 speeches)
[Mr. Bill O'Brien in the Chair]
- New clause 2 - Restrictions on further disclosure (0 speeches)
'(1) Information disclosed by SOCA under section 32 to any person or body must not be further disclosed except— (a) for a purpose connected with any function of that person or body for the...
- New clause 3 - Directed arrangements: Scotland (0 speeches)
'(1) This section applies where it appears to the Scottish Ministers— (a) that a body within subsection (2) has a special need for assistance from SOCA or SOCA has a special need for...
- Clause 54 - Investigatory powers of DPP etc. (1 speech)
I beg to move amendment No. 31, in clause 54, page 29, leave out lines 17 and 18 and insert 'Revenue and Customs Prosecutor.'. Welcome to our proceedings, Mr. O'Brien. I hope that we shall make...
- Clause 55 - Offences to which this Chapter applies (11 speeches)
I beg to move amendment No. 99, in clause 55, page 29, line 29, after 'offences', insert 'which appear to the investigating authority on reasonable grounds to be of sufficient seriousness to...
- Clause 56 - Disclosure notices (53 speeches)
I beg to move amendment No. 172, in clause 56, page 30, line 32, leave out 'expedient' and insert 'necessary'. Subsection (2) provides the grounds on which an investigating authority may give a...
- Clause 59 - Restrictions on use of statements (13 speeches)
I beg to move amendment No. 213, in clause 59, page 32, line 37, leave out 'criminal'. The amendment, which was tabled by my hon. Friend the Member for Beaconsfield, who as the Committee knows...
- Clause 60 - Power to enter and seize documents (16 speeches)
I beg to move amendment No. 173, in clause 60, page 33, line 44, at end insert 'in order to take possession of, preserve or prevent interference with the documents specified.'. We now deal with...
- Clause 65 - Assistance by offender: immunity from prosecution (16 speeches)
I beg to move amendment No. 174, in clause 65, page 36, line 34, leave out paragraph (e).
- Clause 67 - Assistance by defendant: reduction in sentence (7 speeches)
I beg to move amendment No. 167, in clause 67, page 37, line 31, after 'agreement', insert 'made with a specified prosecutor'.
- Clause 68 - Assistance by defendant: review of sentence (0 speeches)
Amendments made: No. 169, in clause 68, page 39, line 8, leave out from first 'sentence' to 'and' in line 9. No. 170, in clause 68, page 39, line 34, after 'References', insert '—...
- Clause 69 - Financial reporting orders: making (3 speeches)
I beg to move amendment No. 201, in clause 69, page 40, line 14, leave out 'a magistrates' court or'.
- Serious Organised Crime and Police Bill, 4th sitting (0 speeches)
[Dame Marion Roe in the Chair]
- Clause 69 - Financial reporting orders: making (14 speeches)
Amendment moved [this day]: No. 201, in clause 69, page 40, line 14, leave out 'a magistrates' court or'.—[Mr. Djanogly.] Question again proposed, That the amendment be made.
- Clause 70 - Financial reporting orders: making in Scotland (2 speeches)
Question proposed, That the clause stand part of the Bill.
- Clause 71 - Financial reporting orders: effect (9 speeches)
Question proposed, That the clause stand part of the Bill.
- Clause 72 - Financial reporting orders: variation and revocation (5 speeches)
I beg to move amendment No. 205, in clause 72, page 42, line 15, leave out 'convicted' and insert 'sentenced'. This is a probing amendment. I am a little puzzled by subsection (3), which states:...
- Clause 73 - Financial reporting orders: (7 speeches)
I beg to move amendment No. 206, in clause 73, page 42, line 25, at end insert 'but he must inform the person in respect of whom an order was made that he has disclosed a report and to whom he...
- Schedule 5 - Persons specified for the purposes of section 74 (5 speeches)
I beg to move amendment No. 180, in schedule 5, page 157, line 19, at end insert— '(1A) A person to whom a disclosure notice has been given under section 56, whether or not information...
- Clause 79 - Defences to liability under section 78 (6 speeches)
Question proposed, That the clause stand part of the Bill.
- Clause 83 - Transitional provision (0 speeches)
Amendment made: No. 32, in clause 83, page 48, line 32, at end add— '(8) Subsection (9) applies if— (a) at any time before the commencement of section 74, arrangements were made by...
- Clause 86 - Interpretation (17 speeches)
I beg to move amendment No. 183, in clause 86, page 49, line 42, at end insert— '(d) they have such a relationship to that person that their safety can reasonably be regarded to be at...
- Clause 88 - Mutual assistance in freezing (6 speeches)
Question proposed, That the clause stand part of the Bill.
- Clause 89 - Confiscation orders by magistrates' courts (9 speeches)
I beg to move amendment No. 216, in clause 89, page 52, line 1, leave out subsection (3). I have a sense of déjà vu when I see the provisions of the Proceeds of Crime Act come back to...
- Clause 90 - Civil recovery: freezing orders (20 speeches)
I beg to move amendment No. 217, in clause 90, page 53, line 23, at end insert 'or (c) to meet his reasonable legal expenses'.
- Schedule 6 - Minor and consequential amendments (0 speeches)
Amendment made: No. 57, in schedule 6, page 163, leave out lines 19 to 29.—[Caroline Flint.] Schedule 6, as amended, agreed to. Clauses 91 and 92 ordered to stand part of the Bill.
- Clause 93 - Appeal in proceedings for forfeiture of cash (3 speeches)
I beg to move amendment No. 245, in clause 93, page 59, at end insert— '(2A) The appeal is to be by way of a re-hearing.'. I tried to work out what was being changed here, and I realised...
- Clause 94 - Money laundering: defence where overseas conduct is legal under local law (16 speeches)
I beg to move amendment No. 246, in clause 94, page 59, line 27, after 'territory', insert 'at the time it occurred'.
- Clause 95 - Money laundering: threshold amounts (9 speeches)
I beg to move amendment No. 241, in clause 95, page 61, line 34, leave out '£100' and insert '£500'.
- Clause 98 - Money laundering: miscellaneous amendments (4 speeches)
Question proposed, That the clause stand part of the Bill.
- Clause 99 - Money laundering offences (0 speeches)
Amendment made: No. 34, in clause 99, page 66, line 27, at end insert— '( ) In section 398 (meaning of customer information: Scotland) in subsection (5)— (a) after paragraph (a)...
- Clause 100 - International co-operation (3 speeches)
Amendment made: No. 35, in clause 100, page 66, line 39, leave out 'In section 447(3) of the Proceeds of Crime Act 2002' and insert— '( ) Part 11 of the Proceeds of Crime Act 2002 (c. 29)...
- Serious Organised Crime and Police Bill, 5th sitting (1 speech)
[Mr. Bill O'Brien in the Chair]
- Serious Organised Crime and Police Bill, 6th sitting (0 speeches)
[Dame Marion Roe in the Chair]
- Clause 101 - Powers of arrest (32 speeches)
Amendment moved [this day]: No. 302, in clause 101, page 67, line 14, leave out lines 15 to 17.—[Mr. Grieve.] Question again proposed, That the amendment be made.
- Clause 103 - Power to direct a person to leave a place (8 speeches)
I beg to move amendment No. 186, in clause 103, page 69, line 10, after 'offence', insert 'or in the case of an order made by virtue of the Domestic Violence, Crime and Victims Act 2004,...
- Clause 104 - Search warrants: premises (6 speeches)
I beg to move amendment No. 287, in clause 104, page 69, line 40, leave out subsections (2) to (4) and insert— '(1A) After section 8 (power of justice of the peace to authorise entry and...
- Clause 105 - Search warrants: other amendments (6 speeches)
I beg to move amendment No. 289, in clause 105, page 72, line 1, leave out subsection (2) and insert— '(1A) After section 8 (power of justice of the peace to authorise entry and search of...
- Clause 107 - Photographing of suspects etc. (25 speeches)
I beg to move amendment No. 256, in clause 107, page 73, line 33, leave out 'provided in subsections (2) and (3)' and insert 'follows'.
- Clause 108 - Fingerprints (15 speeches)
I beg to move amendment No. 188, in clause 108, page 74, line 31, after 'fingerprints', insert 'for the purpose of establishing identity'.
- Clause 111 - Staff custody officers: designation (42 speeches)
I beg to move amendment No. 189, in clause 111, page 78, line 31, at end add— '(5) No person shall be designated as a custody officer under this section unless he has previously been a...
- Clause 113 - Powers of designated and accredited persons (22 speeches)
I beg to move amendment No. 150, in clause 113, page 79, line 35, leave out subsection (3).
- Schedule 8 - Powers of designated and accredited persons (0 speeches)
Amendments made: No. 264, in schedule 8, page 169, line 11, leave out from 'all)' to end of line 13 and insert 'relevant offences, relevant licensing offences or relevant byelaws, being in each...
- Schedule 9 - Additional powers and duties of designated persons (0 speeches)
Amendments made: No. 59, in schedule 9, page 175, line 35, after 'person),', insert— '(a) in sub-paragraph (2)(b), after ''relevant offences'' insert ''or relevant licensing offences'',...
- New Clause 9 - Handcuffing (3 speeches)
'In section 117 of PACE (power of constables to use reasonable force), at end insert— ''(2) Where any provision of this Act confers a power of arrest on a constable, the officer may on...
- Serious Organised Crime and Police Bill, 7th sitting (0 speeches)
[Mr. Bill O'Brien in the Chair]
- Clause 120 - Offence of trespassing on designated site (12 speeches)
I beg to move amendment No. 258, in clause 120, page 85, line 11, after 'site', insert 'in England and Wales or in Northern Ireland'.
- Clause 121 - Designated Sites: powers of arrest (0 speeches)
Amendment made: No. 259, in clause 121, page 86, line 20, at end insert— '(3) A constable in uniform may, in Scotland, arrest without warrant any person he reasonably suspects is...
- Clause 127 - Anti-social behaviour orders etc.: reporting restrictions (0 speeches)
Amendment made: No. 260, in clause 127, page 91, line 47, leave out 'after the definition of ''British Transport Police Force''' and insert 'before the definition of ''the commencement...
- Clause 134 - Publication of local policing information (5 speeches)
I beg to move amendment No. 197, in clause 134, page 100, line 14, at end insert— '(1A) Such a report shall include a report on matters relating to the policing of each local authority...
- Clause 135 - Responsibilities in relation to the health and safety etc. of police (11 speeches)
I beg to move amendment No. 309, in clause 135, page 102, line 21, leave out subsection (5).
- Schedule 11 - Investigations into conduct of police officers: accelerated procedure in special cases (0 speeches)
Amendments made: No. 269, in schedule 11, page 180, line 19, after '20B(3)', insert 'or 20E(3)'. No. 270, in schedule 11, page 181, line 12, at end insert— '(5A) After submitting a...
- Schedule 12 - Investigations of deaths and serious injuries during or after contact with the police (0 speeches)
Amendments made: No. 276, in schedule 12, page 194, leave out lines 13 to 15. '; and '( ) send to it (or each of them) a copy of the submission under sub-paragraph (1).'. No. 278, in schedule...
- Clause 138 - Abolition of Royal Parks Constabulary (3 speeches)
Question proposed, That the clause stand part of the Bill.
- Clause 140 - Criminal record certificates (0 speeches)
Amendments made: No. 38, in clause 140, page 106, line 3, leave out 'England and Wales' and insert 'any part of the United Kingdom'. No. 39, in clause 140, page 108, line 25, leave out from...
- Schedule 14 - Amendments of Part 5 of Police Act 1997 (0 speeches)
Amendments made: No. 61, in schedule 14, page 201, line 35, at end insert— '(c) after subsection (6) (as inserted by section 142(2) of this Act) insert— ''(7) In the case of such a...
- Clause 141 - Criminal records checks: verification of identity (0 speeches)
Amendment made: No. 42, in clause 141, page 110, line 18, at end insert— '(ba) by Driver and Vehicle Licensing Northern Ireland;'. —[Ms Blears.] Clause 141, as amended, ordered to...
- Clause 142 - Certain references to police forces (0 speeches)
Amendments made: No. 43, in clause 142, page 110, line 28, leave out '(11)(a) to (i) and (12)' and insert '(10)(a) to (i) and (11)'. No. 44, in clause 142, page 110, line 34, leave out from...
- Clause 143 - Further amendments to Police Act 1997 as it applies to Scotland (0 speeches)
Amendment made: No. 47, in clause 143, page 111, line 13, at end insert 'or 124A(1) and (2)'.—[Ms Blears.] Clause 143, as amended, ordered to stand part of the Bill.
- Clause 144 - Part 5 of the Police Act 1997: Channel Island and Isle of Man (3 speeches)
Question proposed, That the clause stand part of the Bill.
- Clause 147 - Private Security Industry Act 2001: Scottish extent (4 speeches)
Amendment made: No. 48, in clause 147, page 112, line 41, at end insert— '( ) In Schedule 2 to the Scottish Public Services Ombudsman Act 2002 (asp 11) (persons liable to investigation)...
- Schedule 15 - Private Security Industry Act 2001: Scottish extent (0 speeches)
Amendment made: No. 63, in schedule 15, page 202, leave out lines 42 to 44.—[Ms Blears.] Schedule 15, as amended, agreed to.
- Clause 116 - Harassment intended to deter lawful activities (8 speeches)
I beg to move amendment No. 341, in clause 116, page 82, line 29, after 'be', insert 'reasonably considered to be'.
- Serious Organised Crime and Police Bill, 8th sitting (0 speeches)
[Dame Marion Roe in the Chair]
- Clause 116 - Harassment intended to deter lawful activities (30 speeches)
Amendment moved [this day]: Amendment No. 341, in clause 116, page 82, line 29, after 'be', insert 'reasonably considered to be'.—[Dr. Evan Harris.] Question again proposed, That the...
- Clause 119 - Racial and religious hatred (97 speeches)
Question proposed, That the clause stand part of the Bill.
- Schedule 10 - Racial and religious hatred (0 speeches)
Amendment proposed: No. 226, in schedule 10, page 179, leave out lines 3 to 7. —[Mr. Clappison] Question put, That the amendment be made:— The Committee divided: Ayes 5, Noes 10.
- Clause 123 - Directions as to behaviour in vicinity of parliament (15 speeches)
I beg to move amendment No. 191, in clause 123, page 87, line 14, at end insert 'or'.
- Clause 131 - Power to seize etc. vehicles driven without insurance (3 speeches)
Question proposed, That the clause stand part of the Bill.
- Clause 132 - Payments by Secretary of State to police authorities in relation to the prevention, detection and enforcement of certain traffic offences (4 speeches)
I beg to move amendment No. 196, in clause 132, page 98, line 18, at end insert— 'Road Traffic Regulation Act 1984 (c. 27) section 25(5) (pedestrian crossing regulations)'. The Chairman:...
- Clause 133 - Payments by Scottish Ministers to police authorities etc. in relation to the prevention, detection and enforcement of certain traffic offences (0 speeches)
Amendment made: No. 37, in clause 133, page 99, line 23, leave out 'and 104' and insert ', 104 and 110'.—[Caroline Flint.] Clause 133, as amended, ordered to stand part of the Bill.
- New Clause 28 - Corresponding Scottish offence (0 speeches)
'(1) A person commits an offence if he enters, or is on, any designated Scottish site without lawful authority. (2) A ''designated Scottish site'' means a site in Scotland— (a) specified...
- New Clause 29 - Designated Scottish sites: access (0 speeches)
'(1) Section 1 of the Land Reform (Scotland) Act 2003 (asp 2) (access rights) does not apply to land in respect of which a designation order is in force. (2) The Secretary of State may take...
- New Clause 30 - Parental compensation orders (4 speeches)
'Schedule (Parental compensation orders) is to have effect.'.—[Ms Blears.] Brought up, and read the First time.
- New Clause 26 - Economic damage to companies (0 speeches)
'(1) A person (''person A'') commits an offence under this section if by acting in accordance with subsection (2) he causes financial damage to another person (''person B''), with the purpose of...
- New Clause 27 - Causing death or serious injury by negligent driving (6 speeches)
'(1) The Road Traffic Act 1988 (c. 52) is amended as follows. After section 2A (Meaning of dangerous driving) insert— ''2B Causing death or serious injury by negligent driving ...
- New schedule 1 - Parental compensation orders (0 speeches)
1 The Crime and Disorder Act 1998 (c.37) is amended as provided in paragraphs 2 to 5. 2 After section 13 insert— ''13A Parental compensation orders (1) Subject to subsection (2)...
- Clause 148 - Orders and regulations (0 speeches)
Amendment made: No. 49, in clause 148, page 113, line 17, after 'section', insert '1(3),'.—[Caroline Flint.] Clause 148, as amended, ordered to stand part of the Bill. Clauses 149 and 150...
- Clause 154 - Commencement (0 speeches)
Amendments made: No. 50, in clause 154, page 116, line 11, at end insert— '( ) So far as they relate— (a) to sections 113 and 115 of the Police Act 1997 as those sections apply to...
- Clause 155 - Short title and extent (0 speeches)
Amendments made: No. 262, in clause 155, page 117, line 4, leave out 'to' and insert ', 121 (except subsection (3)),'. No. 263, in clause 155, page 117, line 9, after '70,' insert— '( )...
- Title (3 speeches)
Amendment made: No. 286, in title, line 8, after 'warrants', insert 'and about parental compensation orders'.—[Caroline Flint.] Question proposed, That the Chairman do report the Bill, as...
