New Clause 35

– in a Public Bill Committee at 3:15 pm on 26th February 2009.

Alert me about debates like this

Retention and destruction of samples etc: Northern Ireland

‘(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/3141 (N.I. 12)) is amended as follows.

(2) After Article 64A insert—

“64B Retention and destruction of samples etc

(1) The Secretary of State may by regulations make provision as to the retention, use and destruction of material to which this Article applies.

(2) This Article applies to the following material—

(a) photographs falling within a description specified in the regulations,

(b) fingerprints taken from a person in connection with the investigation of an offence,

(c) impressions of footwear so taken from a person,

(d) DNA and other samples so taken from a person,

(e) information derived from DNA samples so taken from a person.

(3) The regulations may—

(a) make different provision for different cases, and

(b) make provision subject to such exceptions as the Secretary of State thinks fit.

(4) The regulations may frame any provision or exception by reference to an approval or consent given in accordance with the regulations.

(5) The regulations may confer functions on persons specified or described in the regulations.

(6) The functions which may be conferred by virtue of paragraph (5) include those of—

(a) providing information about the operation of regulations made under this Article,

(b) keeping their operation under review,

(c) making reports to the Secretary of State about their operation, and

(d) making recommendations to the Secretary of State about the retention, use and destruction of material to which this Article applies.

(7) The regulations may make provision for and in connection with establishing a body to discharge the functions mentioned in paragraph (6)(b) to (d).

(8) The regulations may make provision amending, repealing, revoking or otherwise modifying any provision made by or under an Act or Northern Ireland legislation (including this Order).

(9) The provision which may be made by virtue of paragraph (8) includes amending or otherwise modifying any provision so as to impose a duty or confer a power to make an order, regulations, a code of practice or any other instrument.

(10) The regulations may make—

(a) supplementary, incidental or consequential provision, or

(b) transitional, transitory or saving provision.

(11) For the purposes of this Article—

(a) “photograph” includes a moving image, and

(b) the reference to a DNA sample is a reference to any material that has come from a human body and consists of or includes human cells.”

(3) In Article 89 (procedure for orders and regulations) for “Article 29(4) or 46A” substitute “Articles 29(4), 46A and 64B”.

(4) The amendments made by subsections (2) and (3) apply in relation to material obtained before or after the commencement of this section.’.—(Mr. Campbell.)

This amendment would amend the Police and Criminal Evidence (Northern Ireland) Order 1989 to allow equivalent provision to be made to that under the power in amendment NC33, in relation to Northern Ireland.

Question put, That the clause be read a Second time.

The Committee divided: Ayes 7, Noes 4.

Division number 15 Nimrod Review — Statement — New Clause 35

Aye: 7 MPs

No: 4 MPs

Ayes: A-Z by last name

Nos: A-Z by last name

Question accordingly agreed to.

Question put, That the clause be added to the Bill.

The Committee divided: Ayes 7, Noes 4.

Division number 16 Nimrod Review — Statement — New Clause 35

Aye: 7 MPs

No: 4 MPs

Ayes: A-Z by last name

Nos: A-Z by last name

Question accordingly agreed to.

New clause 35 added to the Bill.