New Clause 2 — Independent Members: Disqualification

Police (Northern Ireland) Bill [Lords] – in the House of Commons at 5:04 pm on 26 March 2003.

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'(1) In paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 2000 (c.32) (disqualification for membership of district policing partnership) for subparagraph (2) substitute—

"(2) A person is disqualified for being an independent member of a DPP if—

(a) he has been convicted in Northern Ireland or elsewhere of any offence and has had passed on him a sentence of imprisonment or detention, and

(b) the relevant period has not ended.

(3) The relevant period is the period of five years beginning with the person's discharge in respect of the offence.

(4) For the purposes of subparagraph (3) the following are to be treated as the discharge of a person (whether or not his release is subject to conditions)—

(a) his release on licence;

(b) his release in pursuance of a grant of remission.

(5) Subparagraph (4) does not apply in relation to the release of a person in respect of an offence if he is required to return to prison or detention for a further period in respect of the offence.

(6) Subject to subparagraph (7), the reference in subparagraph (2) to a sentence of imprisonment or detention does not include a suspended sentence.

(7) Subparagraph (6) does not apply in relation to a suspended sentence that has been ordered to take effect.

(8) In this paragraph "suspended sentence" means a sentence of imprisonment or detention that is ordered not to take effect unless the conditions specified in the order are met."

(2) Subsection (1) comes into force in accordance with provision made by the Secretary of State by order.'.—[Jane Kennedy.]

Brought up, and read the First time.

Motion made, and Question put, That the clause be read a Second time:—

The House divided: Ayes 312, Noes 189.

Division number 139 Police (Northern Ireland) Bill [Lords] — New Clause 2 — Independent Members: Disqualification

Aye: 312 MPs

No: 189 MPs

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

Question accordingly agreed to.

Clause read a Second time.

Amendment proposed to the proposed new clause: (b) Leave out lines 20 to 27.—[Mr. Quentin Davies.]

Question put, That the amendment be made:—

The House divided: Ayes 187, Noes 321.

Division number 140 Police (Northern Ireland) Bill [Lords] — New Clause 2 — Independent Members: Disqualification

Aye: 187 MPs

No: 321 MPs

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

Question accordingly negatived.

Clause added to the Bill.