Commons Amendment

– in the House of Lords at 12:45 pm on 3rd April 2003.

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14 After Clause 13, insert the following new clause—

"INDEPENDENT MEMBERS: DISQUALIFICATION

(1) In paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 2000 (c.32) (disqualification for membership of district policing partnership) for sub-paragraph (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 sub-paragraph (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) Sub-paragraph (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 sub-paragraph (7), the reference in sub-paragraph (2) to a sentence of imprisonment or detention does not include a suspended sentence.

(7) Sub-paragraph (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."

Photo of Lord Williams of Mostyn Lord Williams of Mostyn President of the Council, Privy Council Office, Lord Privy Seal and Leader of the House of Lords

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 14, to which I spoke with Amendment No. 13.

Moved, That the House do agree with the Commons in their Amendment No. 14.—(Lord Williams of Mostyn.)

Photo of Lord Glentoran Lord Glentoran Conservative

rose to move, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 14:

14Aleave out "agree" and insert "disagree".

Photo of Lord Glentoran Lord Glentoran Conservative

My Lords, as I have already indicated, I should like to press Amendment No. 14A and take the opinion of the House.

Moved, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 14, leave out "agree" and insert "disagree".—(Lord Glentoran.)

On Question, Whether the said amendment (No. 14A) shall be agreed to?

Their Lordships divided: Contents, 94; Not-Contents, 147.

Division number 1

See full list of votes (From The Public Whip)

Resolved in the negative, and amendment disagreed to accordingly.

Photo of Lord Geddes Lord Geddes Conservative 1:00 pm, 3rd April 2003

My Lords, before calling Amendment No. 14B, I must advise the House that, if it is agreed to, I shall not be able to call Amendment No. 14C due to pre-emption.

[Amendment No. 14B not moved.]