Clause 39 - Delegation of power to designate

Part of Serious Organised Crime and Police Bill – in a Public Bill Committee at 6:45 pm on 11 January 2005.

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Photo of David Heath David Heath Shadow Spokesperson (Home Affairs) 6:45, 11 January 2005

We now come to the delegation of the power to designate a person as a constable. The Clause allows the director general of SOCA to delegate the power to make designations to any employee of SOCA, albeit qualified by the words ''At the prescribed level''—although we know not what that   might mean at the moment, because that is to be done by an order of the Secretary of State.

My simple solution to that uncertainty is to provide that the only people who are appropriate to make the designation and give the powers of constable, which are significant, be the director general of SOCA or his deputy. Further than that, the capacity to designate should not go. The matter is serious and we expect the director general to show due diligence and ensure that the person who is to be designated has had the proper training, is an appropriate person to carry out the responsibility and office of constable and understands the duties, powers, privileges and responsibilities that go with the post.

My proposal is to specify precisely the individuals who have the appropriate capacity: they are the director general or his deputy. The other Amendment, No. 96, would remove the references to the person to whom the power is delegated under the subsequent clause.

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clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.