Part of the debate – in the House of Lords at 3:09 pm on 25 October 2000.
In moving Amendment No. 172A, I shall speak also to other amendments to Clause 49 standing in my name. Before doing so I apologise on behalf of the Government for the late tabling of this group of amendments which significantly alter the Government's approach to Clause 49. In summary, they replace the current list of specified "registrable associations" with a generic reference to "notifiable membership" and enable the Chief Constable to issue guidance to police officers in this connection.
The Government have received many representations from all sides about the listing of various organisations. There was a uniform reaction from those associated with listed bodies which saw the listing as pejorative, although it was not intended to be. This reaction is, admittedly, unsurprising, but the Government have found themselves with the almost impossible task of having to come up with a definitive list of organisations which might affect an officer's ability to discharge his duties.
The Government's conclusion is that we must place the burden of responsibility in the hands of the organisation most affected--the police. The new provisions put greater emphasis on the judgment of individual officers, with assistance from guidance issued by the Chief Constable. In turn the Chief Constable will be assisted by an obligation to consult the board, the Secretary of State and the Northern Ireland Human Rights Commission.
I turn to the details. Amendments Nos. 177A, 177D, 178A and 184B are consequential on Amendment No. 172A, replacing references throughout Clause 49 to "registrable association" with references to "notifiable membership". Amendment No. 184D removes a reference later in the clause to the listed organisations.
Amendments Nos. 177B, 177C and 177E substitute references to "belief" in the context of an officer's notifiable membership of an organisation for existing references to "fact". This is also a consequence of the removal of the specific list of organisations.
Amendment No. 184C is, again, made in consequence of the main change to Clause 49. It removes subsection (11)(b) which requires the Chief Constable's annual report to contain an assessment of the extent to which officers have complied with the duty to register their associations. This is a less appropriate requirement given the removal of a cut and dried list.
Amendment No. 177F removes the offence of knowingly giving false information. Regardless of other changes, the Government have concluded that this is heavy handed and that the appropriate sanction lies in disciplinary arrangements. We do not need to provide for this in the primary legislation.
Amendments Nos. 179A, 181A and 182A clarify the provisions relating to disclosure. Amendment No. 179A makes it clear that only those who are entitled to make disclosure can do so and only for the purposes specified in subsection (7). Amendments Nos. 181A and 182A define more clearly, in relation to police support staff and the board and its staff, who is caught by subsection (7). Amendment No. 179B removes the proviso whereby only information relating to a senior officer may be disclosed to the board. If we did not make this amendment there would be potential conflict with the board's power to obtain reports. However, the Government do not envisage that the board would require reports about individuals' membership and certainly not lists of such membership. Amendments Nos. 183A and 184A correct drafting errors.
I invite the Committee to accept the amendments. They obviously have a substantial effect on amendments tabled by other noble Lords in relation to this matter. I hope that in the light of what I have said there will be no need to move any of the associated amendments. I beg to move.