Duty to keep complainant and other interested persons informed

Policing and Crime Bill – in a Public Bill Committee at 4:30 pm on 22nd March 2016.

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Photo of Karen Bradley Karen Bradley The Parliamentary Under-Secretary of State for the Home Department 4:30 pm, 22nd March 2016

I beg to move amendment 41, in clause 12, page 14, line 22, at end insert—

“(4A) The generality of subsection (4)(a) and (b) is not affected by any requirement to notify the complainant that is imposed by any other provision of this Part.’”

This amendment provides for the references to the progress and outcome of the handling of a complaint in new subsection (4) of section 20 of the Police Reform Act 2002, which is about keeping the complainant informed, to be unaffected by any specific requirements to notify the complainant imposed elsewhere in Part 2 of that Act.

With this it will be convenient to discuss Government amendments 42 to 50.

Photo of Karen Bradley Karen Bradley The Parliamentary Under-Secretary of State for the Home Department

Again, these are technical amendments. They will ensure that we consolidate the reform work as intended by streamlining and consolidating as far as possible the notification arrangements regarding a complaint.

Amendment 41 agreed to.

Amendments made: 42, in clause 12, page 14, line 26, leave out “(2) or (3)” and insert “(1) or (2)”.

This amendment corrects an incorrect cross-reference to provisions of section 20 of the Police Reform Act 2002.

Amendment 43, in clause 12, page 14, line 27, after “findings of” insert

“a report submitted under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or”.

This amendment reproduces the effect of paragraphs 20C(4) and 20F(4) of Schedule 3 to the Police Reform Act 2002, which are repealed by Schedule 4 to the Bill.

Amendment 128, in clause 12, page 14, leave out lines 32 and 33 and insert—

“(b) section 21A.’”

This amendment is consequential on NC2.

Amendment 44, in clause 12, page 15, line 16, at end insert—

“(9A) The generality of subsection (9)(a) and (b) is not affected by any requirement to notify an interested person that is imposed by any other provision of this Part.’”

This amendment amends section 21 of the Police Reform Act 2002, which is about keeping interested persons informed, in the same way that amendment 41 amends section 20 of that Act in relation to complainants.

Amendment 45, in clause 12, page 15, line 18, leave out “or recordable conduct matter” and insert

“, recordable conduct matter or DSI matter”.

This amendment extends the provision in new subsection (11A) of section 21 of the Police Reform Act 2002, which is about the provision of copies of reports, to reports on an investigation of a DSI matter.

Amendment 46, in clause 12, page 15, line 21, after “findings of” insert

“a report submitted under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or”.

This amendment reproduces the effect of paragraphs 20C(4) and 20F(4) of Schedule 3 to the Police Reform Act 2002, which are repealed by Schedule 4 to the Bill.

Amendment 47, in clause 12, page 15, line 22, after “22” insert “or 24A”.

This amendment is consequential on amendment 45.

Amendment 129, in clause 12, page 15, leave out lines 27 and 28 and insert—

“(b) section 21A.’”

This amendment is consequential on NC2.

Amendment 48, in clause 12, page 15, line 31, after “sub-paragraphs” insert “(4) and”.

This amendment provides for the repeal of a duty to notify certain persons of the bringing of criminal proceedings following a report on an investigation under Schedule 3 to the Police Reform Act 2002. It is intended that an equivalent notification will be required to be given under sections 20 and 21 of the 2002 Act, as amended by clause 12 of the Bill.

Amendment 49, in clause 12, page 15, line 34, after “sub-paragraphs” insert “(4) and”.

This amendment has the same effect as amendment 48—see the explanatory statement for that amendment.

Amendment 50, in clause 12, page 15, line 35, at end insert—

“( ) In consequence of the repeal made by subsection (9)(b), Schedule 3 is further amended as follows—

(a) in paragraph 24, after sub-paragraph (6A) (as inserted by Schedule4) insert—

‘(6B) It shall be the duty of the appropriate authority—

(a) to take the action which it determines under sub-paragraph (6) that it is required to, or will in its discretion, take, and

(b) in a case where that action consists of or includes the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion.’;

(b) in paragraph 27 (duties with respect to disciplinary proceedings etc)—

(i) in sub-paragraph (1), omit paragraph (a) (including the ‘or’ at the end);

(ii) in sub-paragraph (2)(a), omit ‘which has been or is required to be notified or, as the case may be,’.”—(Karen Bradley.)

This amendment is consequential on the repeal of paragraph 24(7) of Schedule 3 to the Police Reform Act 2002 and ensures that, despite that repeal, the appropriate authority remains subject to the same duty as is currently imposed by paragraph 27(2) of that Schedule.

The Committee is rather ahead of the schedule for proceedings that I have in front of me, so we are winging it a bit.

Clause 12, as amended, agreed to.

Clause 13