Policing and Crime Bill — After Clause 145 — Code of Practice for Victims of Crime : Enforcement — 10 Jan 2017 at 18:54

The majority of MPs voted against allowing people to complain directly to the Parliamentary Commissioner for Administration (the Parliamentary and Health Service Ombudsman) about breaches of the code of practice for victims of crime.

MPs were considering the Policing and Crime Bill^[1].

The motion supported by the majority of MPs, and the majority of MPs representing English constituencies was:

• That this House disagrees with Lords amendment 136.

The rejected amendment sought to introduce a new clause titled Police observance of the Victims’ Code: enforcement stating:

• (1) The Parliamentary Commissioner Act 1967 is amended as follows.
• (2) In section 5(1B) omit from “by” to “sections 35”.
• (3) After section 5(1B) insert—
• “(1BA) Subsection (1C) applies if a written complaint is made to the Commissioner by a member of the public who claims that—
• (a) a police officer;
• (b) a police service employee other than a police officer; or
• (c) another person determined under section (1BC); has failed to perform a Code duty owed by him to the member of the public.
• (1BB) For the purposes of subsection (1BA) a Code duty is a duty imposed by a code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004 (code of practice for victims).
• (1BC) The Secretary of State may by regulations made by statutory instrument amend the categories of person identified in subsection
• (1BA) as the Secretary of State thinks fit.”
• (4) In section 5(4A), after “(1A)” insert “or (1BA)”.
• (5) In section 6(3), at beginning insert “Except as provided in subsection (3A)”.
• (6) After section 6(3) insert—
• “(3A)
• Subsection (3) shall apply in relation to a complaint under section 5(1BA) as if for “a member of the House of Commons” there were substituted “the Commissioner”.”
• (7) In section 7(1A), after “5(1A)” insert “or 5(1BA)”.
• (8) In section 8(1A), after “5(1A)” insert “or 5(1BA)”.
• (9) After section 10(2A) insert—
• “(2B) In any case where the Commissioner conducts an investigation pursuant to a complaint under section 5(1BA) of this Act, he shall send a report of the results of the investigation to—
• (a) the person to whom the complaint relates,
• (b) the principal officer of the department or authority concerned and to any other person who is alleged in the relevant complaint to have taken or authorised the action complained of, and
• (c) the Commissioner for Victims and Witnesses appointed under section 48 of the Domestic Violence, Crime and Victims Act 2004 (commissioner for victims and witnesses).”
• (10) After section 10(3B) insert—
• “(3C) If, after conducting an investigation pursuant to a complaint under section 5(1BA) of this Act, it appears to the Commissioner that—
• (a) the person to whom the complaint relates has failed to perform a Code duty owed by him to the person aggrieved, and
• (b) the failure has not been, or will not be, remedied, the Commissioner shall lay before each House of Parliament a special report upon the case.
• (3D) If the Commissioner lays a special report before each House of Parliament pursuant to subsection (3C) the Commissioner may also send a copy of the report to any person as the Commissioner thinks appropriate.
• (3E) For the purposes of subsection (3C) “Code duty” has the meaning given by section 5(1BB) of this Act.”
• (11) In section 10(5)(d), for “or (2A)” substitute “, (2A) or (2B)”.
• (12) In section 12(1), after paragraph (b) of the definition of “person aggrieved”, insert—
• “(c) in relation to a complaint under section 5(1BA) of this Act, means the person to whom the duty referred to in section 5 (1BA) of this Act is or is alleged to be owed;”.”

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• [1] Parliament's webpage on the Policing and Crime Bill
• [2] Amendment sheet including Lords amendment 136

Debate in Parliament |