Policing and Crime Bill — Report — 30 Nov 2016 at 18:30
Moved by Baroness Chisholm of Owlpen
49: Clause 27, page 41, leave out lines 9 to 19
Moved by Baroness Chisholm of Owlpen
50: Clause 27, page 41, line 26, at end insert-“(3A) For the purposes of this Part, a person is a “whistle-blower” if-(a) the person is, or was at any time, under the direction and control of a chief officer of police,(b) the person raises a concern that is about a police force or a person serving with the police,(c) the matter to which the concern relates is not-(i) about the conditions of service of persons serving with the police, or(ii) a matter that is, or could be, the subject of a complaint by the person under Part 2, and (d) at the time the Commission first becomes aware of the concern, the matter to which it relates is not-(i) under investigation under the direction of the Commission in accordance with paragraph 18 of Schedule 3,(ii) under investigation by the Commission in accordance with paragraph 19 of that Schedule,(iii) being dealt with as a complaint under section 29A under regulations under section 29C (regulations about super-complaints), or(iv) under investigation under this Part.”
51: Clause 27, page 41, line 28, after “2)” insert “and to section 29FA (which deals with the position where the concern is a DSI matter for the purposes of that Part)”
52: Clause 27, page 41, line 40, after “Part,” insert “except where otherwise provided,”
53: Clause 27, page 42, line 35, at end insert-“29FA Special provision for “DSI matters”(1) Before deciding whether to carry out an investigation under section 29D(2), the Commission must consider whether the concern is about a death or serious injury matter (“a DSI matter”) for the purposes of Part 2 (see section 12(2A)).(2) If the Commission determines that the concern is about a DSI matter for the purposes of Part 2-(a) it may not carry out an investigation under section 29D(2), and(b) it must notify the appropriate authority in relation to the DSI matter.(3) Where the appropriate authority in relation to the DSI matter is notified under subsection (2), it must record the matter under paragraph 14A of Schedule 3 to this Act as a DSI matter.(4) The Secretary of State may by regulations make provision modifying Schedule 3 in relation to a DSI matter that, in accordance with subsection (3), is recorded under paragraph 14A of that Schedule but only for the purpose of making provision for the protection of the anonymity of whistle-blowers.(5) In this section, references to the appropriate authority in relation to a DSI matter have the same meaning as in Part 2 (see section 29).”
Moved by Baroness Chisholm of Owlpen
54: Schedule 6, page 278, line 29, leave out “15(5)” and insert “15(5B)”
55: Schedule 6, page 278, line 40, at end insert-“Procedure where DSI matter is revealed during investigation4A_(1) If, during the course of an investigation under section 29D(2), it appears to the person in charge that the matter may be a DSI matter, the person must make a submission to that effect to the Commission._(2) If, after considering the submission, the Commission determines the matter is a DSI matter, it must-(a) notify the appropriate authority in relation to the DSI matter, and(b) send to it a copy of the submission under sub-paragraph (1). _(3) Where the appropriate authority in relation to the DSI matter is notified under sub-paragraph (2), it must record the matter under paragraph 14A of Schedule 3 to this Act as a DSI matter._(4) Where a matter is, in accordance with sub-paragraph (3), recorded under paragraph 14A of Schedule 3 as a DSI matter-(a) the person in charge of the investigation under section 29D(2) must (subject to any determination made by the Commission under paragraph 15(5B) of Schedule 3) continue the investigation as if appointed or designated to investigate the DSI matter, and(b) the other provisions of Schedule 3 apply in relation to that matter accordingly (subject to regulations under sub-paragraph (5))._(5) The Secretary of State may by regulations make provision modifying Schedule 3 in relation to an investigation that, in accordance with sub-paragraph (3), is recorded under paragraph 14A of that Schedule as a DSI matter but only for the purpose of making provision for the protection of the anonymity of whistle-blowers._(6) In this paragraph, references to the appropriate authority in relation to a DSI matter have the same meaning as in Part 2 (see section 29).”
Moved by Baroness Chisholm of Owlpen
56: Clause 32, page 54, line 24, after “the” insert “Independent”
Moved by Baroness Chisholm of Owlpen
57: Clause 32, page 54, line 28, after “The” insert “Independent”
58: Clause 32, page 54, line 33, after “the” insert “Independent”
Moved by Lord Paddick
59: Clause 32, page 55, line 8, leave out paragraph (b)
Moved by Baroness Williams of Trafford
60: Clause 32, page 55, line 14, after “the” insert “Independent”
Moved by Baroness Williams of Trafford
61: Schedule 9, page 298, line 39, after “The” insert “Independent”
62: Schedule 9, page 304, line 22, after second “the” insert “Independent”
63: Schedule 9, page 304, line 28, after “General” insert “of the Independent Office for Police Conduct”
64: Schedule 9, page 305, line 3, at end insert-“44A(1) Section 29FA (special provision for “DSI matters”) (as inserted by this Act) is amended as follows.(2) For “Commission”, in each place, substitute “director-general”.(3) In subsection (2), for “it”, in both places, substitute “the director-general”.”
65: Schedule 9, page 305, line 25, after “the” insert “Independent”
66: Schedule 9, page 305, line 28, after “the” insert “Independent”
67: Schedule 9, page 305, line 31, after “the” insert “Independent”
68: Schedule 9, page 305, line 34, after “The” insert “Independent”
69: Schedule 9, page 311, line 7, at end insert-“( ) In paragraph 4A(1)-(a) for “it appears to the person in charge” substitute “the director-general determines”;(b) for “the person must make a submission to that effect to the Commission” substitute “the director-general must proceed under sub-paragraph (2)”.( ) For paragraph 4A(2) substitute-“( ) The director-general must-(a) prepare a record of the determination,(b) notify the appropriate authority in relation to the DSI matter, and (c) send to it a copy of the determination prepared under paragraph (a).””
70: Schedule 9, page 311, line 25, after “The” insert “Independent”
71: Schedule 9, page 311, line 39, after “The” insert “Independent”
72: Schedule 9, page 312, line 3, after “The” insert “Independent”
73: Schedule 9, page 312, line 7, at beginning insert “Independent”
74: Schedule 9, page 312, line 12, after “the” insert “Independent”
75: Schedule 9, page 312, line 15, after “substitute “” insert “Independent”
76: Schedule 9, page 312, line 21, after “the” insert “Independent”
77: Schedule 9, page 312, line 25, after “the” insert “Independent”
78: Schedule 9, page 312, line 34, after “substitute “” insert “Independent”
79: Schedule 9, page 313, line 3, after first “the” insert “Independent”
80: Schedule 9, page 313, line 14, after “the” insert “Independent”
81: Schedule 9, page 313, line 15, after “The” insert “Independent”
82: Schedule 9, page 313, line 19, after “the” insert “Independent”
83: Schedule 9, page 313, line 25, after “the” insert “Independent”
84: Schedule 9, page 313, line 29, after first “the” insert “Independent”
85: Schedule 9, page 313, line 41, after “the” insert “Independent”
86: Schedule 9, page 314, line 7, after first “the” insert “Independent”
87: Schedule 9, page 314, line 20, after “the” insert “Independent”
88: Schedule 9, page 314, line 25, after “the” insert “Independent”
89: Schedule 9, page 314, line 31, after “the” insert “Independent”
90: Schedule 9, page 314, line 34, after “the” insert “Independent”
91: Schedule 9, page 314, line 39, after “the” insert “Independent”
92: Schedule 9, page 314, line 40, after “The” insert “Independent”
93: Schedule 9, page 315, line 3, after “substitute “” insert “Independent”
94: Schedule 9, page 315, line 6, after “the” insert “Independent”
95: Schedule 9, page 315, line 12, after second “the” insert “Independent”
96: Schedule 9, page 315, line 18, at beginning insert “Independent”
97: Schedule 9, page 315, line 22, after second “the” insert “Independent”
98: Schedule 9, page 315, line 26, after second “the” insert “Independent”
99: Schedule 9, page 315, line 33, column 1, at beginning insert “Independent”
100: Schedule 9, page 316, line 4, column 1, at beginning insert “Independent”
Moved by Baroness Jolly
101: After Clause 33, insert the following new Clause-“Forces maintained otherwise than by local policing bodiesAfter section 26(3)(b) of the Police Reform Act 2002 (forces maintained otherwise than by local policing bodies) insert-“(c) the Royal Military Police;(d) the Royal Air Force Police; and(e) the Royal Navy Police.””
Moved by Baroness Williams of Trafford
102: Clause 34, page 57, line 24, at beginning insert “Independent”
103: Clause 34, page 57, line 26, after second “the” insert “Independent”
104: Clause 34, page 57, line 32, after second “the” insert “Independent”
Moved by Baroness Williams of Trafford
105: Clause 35, page 59, line 37, after “functions,” insert “or(iv) any other person who is, by virtue of any enactment, carrying out any of the activities of a police force,”
Moved by Lord Kennedy of Southwark
106: Clause 37, page 66, leave out lines 1 to 18
Ayes 179, Noes 184.
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