The Chair

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With this it will be convenient to discuss the following:

Government new clause 3—Release without bail: fingerprinting and samples.

Government new clause 4—Release under section 24A of the Criminal Justice Act 2003.

Government new clause 5—Duty to notify person released under section 34, 37 or 37CA of PACE that not to be prosecuted.

Government new clause 6—Duty to notify person released under any of sections 41 to 44 of PACE that not to be prosecuted.

New clause 48—Scrutiny of investigatory capabilities—

“(1) Police and crime plans produced under Chapter 3 of Part 1 of the Police Reform and Social Responsibility Act 2011, must include an annual assessment of the capability of the police to properly investigate crimes within the 28-day pre-charge bail time limit.

(2) The assessment must consider any—

(a) changes to the number of suspects released without bail,

(b) resource constraints, including staff numbers,

(c) safeguarding requirements of victims, witnesses and suspects, and

(d) issues around multiagency work.”

This new clause would make it mandatory for Police and Crime Commissioners to produce an annual assessment of the capability of police forces and other agencies to meet the mandated 28 day pre-charge bail limit.

New clause 49—Cooperation of relevant agencies in investigations—

“(1) The Secretary of State may by regulations require relevant agencies to cooperate promptly with police in carrying out investigations of suspects.

(2) Relevant agencies may include, but are not limited to—

(a) the Crown Prosecution Service,

(b) forensic examiners,

(c) health authorities, and

(d) banks and financial institutions.

(3) Alongside any additional duty to cooperate, the Home Secretary must carry out an assessment of the relevant agency’s resource capacity to provide relevant information or services within the 28 day limit for cases where suspects are released on pre-charge bail.”

This new clause would allow the Home Secretary to mandate cooperation of relevant agencies with police forces in conducting investigations, and would allow for scrutiny of whether relevant agencies have the necessary capacity and resource to cooperate within the required length of time.

Jack Dromey (Birmingham, Erdington) (Lab)

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Let me say at the start that we agree with the principle of what the Government are seeking to achieve. We want to raise issues of practicality that were cited, for example, in the evidence given to the Committee by both the National Police Chiefs Council and the chief superintendents.

New clause 48 would make it mandatory for police and crime commissioners to produce an annual assessment of the capability of police forces and other agencies to meet the mandated 28-day pre-charge bail limit. I stress again, as we said on Second Reading, that reform of police bail is absolutely overdue. The current system has been criticised from both sides, on the grounds that it unfairly leaves people under investigation for long periods before they have even been charged for an offence and that it does not offer the necessary safeguards in the cases of people who pose more of a risk to the public. I will say more on that later.

A more targeted approach is therefore needed that does not unfairly restrict the liberty of people whose guilt is far from proven but that has teeth when it needs to. The case of Paul Gambaccini is a stark example of why the system has to change. We are in complete agreement that we need a common-sense approach to cases in which people have been on bail continuously but no evidence is found. Investigations need to be conducted swiftly and fairly, yet a 2013 BBC freedom of information request, to which 40 police forces responded, found that 71,256 people were on pre-charge bail and 5,480 had been on bail for more than six months. Our concern is that the Government are mandating a 28-day pre-charge bail limit, the aim of which is welcome, but are not addressing the root causes of delays in investigations.

Let us start with the key problem with cases such as that of Paul Gambaccini: individuals who are suspected of a crime but who are not ultimately charged can be under investigation for a long time before a decision not to charge is reached. As we are well aware, that can have a hugely negative impact on the lives of suspects and their families, and in cases where charges are brought and suspects are eventually found guilty, we do not want a system that involves prolonged periods before victims see any kind of justice. We therefore need to tackle why these investigations take so long.

Alongside the measures contained in this Bill, the Government need to have a careful look at where the system can be improved, where extra capacity is needed and what impact reductions in resources are having. For example, Home Office workforce figures show that 40,000 police jobs were cut between 2010 and 2015, with a 30% cut in police community support officers, 20% fewer police staff jobs and 13% fewer police officers. The police are therefore juggling carrying out investigations with patrols, immediate response to emergency incidents and life-saving preventive work. Resources will inevitably have an impact on how quickly police forces can get things done and how able they feel to prioritise investigative work.

Do the Government have any considered idea of what impact resource reductions are having on the capability of forces to carry out timely investigations? What resources will be required under this clause? For example, as regards a super structure of police superintendents to oversee the changes proposed by the Government, the point has been made very strongly by the chief superintendents that it would take out several of their number whose job it would be to supervise the new arrangements that the Government seek to put in place. Crucially, our amendment would require an assessment of this question by police and crime commissioners themselves.

Similarly, cuts to the Crown Prosecution Service and to other agencies are being seen to have a knock-on effect, and I will come back to that point shortly. We do not want the outcome of these proposals to be simply that more people are released not on bail. Chief Constable Alex Marshall noted in his evidence to the Committee that, according to the College of Policing’s bail pilot, early indications of the data were that 70% of those released on pre-charge bail

“were bailed for more than 28 days.”

This was because officers were waiting, while

“getting professional statements from doctors and others, getting phones and computers analysed, taking detailed statements from vulnerable victims of crime, getting banking information and details, and getting forensics analysed”.

He went on:

“We agree that the time limits should be closely monitored…The onus will rest on many people across the system to respond much more quickly to requests from the police conducting their investigation.”––[Official Report, Policing and Crime Public Bill Committee, 15 March 2016; c. 78, Q45.]

He is absolutely right. We do not want a situation in which, due to factors beyond their control, police have no choice but to release not on bail in order to meet the time limit. Clearly, in cases where bail conditions play a necessary role in safeguarding, this would have serious consequences for victims, witnesses and the general public.

In the Government’s consultation, suggestions from respondents included consideration of the needs of the victims of crime, including safeguarding requirements and special interview requirements. The need to safeguard complex investigations was also raised. Early indications of the College of Policing’s pilot were that, of the 950,000 arrests in a year, about 30% were released on pre-charge bail. If that starts to change dramatically, and many more people are released not on bail due to the proposals in the Bill, the Government will have to reflect on and address that. That is why the part of this amendment that requires an assessment of any changes in the number of people released not on bail is so important. Alex Marshall’s comments relate very closely to new clause 49 and the issue of third-party delays preventing police officers from taking critical decisions within the required timeframe in an investigation.

This amendment would allow the Home Secretary to mandate co-operation of relevant agencies with police forces in conducting investigations, and would allow for scrutiny of whether relevant agencies have the necessary capacity and resource to co-operate within the required length of time. The Crown Prosecution Service, forensic examiners, health authorities, banks and financial institutions, to name but a few, are all third parties that the police rely on in the preparation of a case, so the Government’s proposals in the Bill address only one part of the investigatory process.

In the Government’s own consultation on the proposal, they found that the most commonly raised suggestion was that matters outside police control should be taken into account, such as Crown Prosecution Service timescales, forensic examinations—including digital—and international inquiries.

In the 119 responses—or 40% of those who responded —highlighting the resource implications of each model, the most commonly raised issues were on the need for increased resources, including greater staff numbers. As Committee members will be aware, a number of pieces of existing legislation impose statutory duties on third parties to provide reports or information within a set timeframe, such as the Coroners and Justice Act 2009, the Coroners (Investigations) Regulations 2013, the National Health Service Act 2006 and the Female Genital Mutilation Act 2003. However, as we have argued with pre-charge bail limits, the Government must not just mandate co-operation by third parties, they must also assess the relevant agencies’ capacity and, crucially, take a proactive approach to ensuring that agencies have the tools at their disposal to provide relevant information or services within the limit. For example, when consulted on the proposals, the Ministry of Justice highlighted concerns that the numbers of cases that would fall to be considered in the Crown court will exceed the available capacity in Crown court centres. Further to that, the Government proposed to have all pre-charge bail hearings dealt with in the magistrates court. I would be interested in the Government’s assessment of the capacity of magistrates courts and the ability of the Ministry of Justice to accommodate the projected costs of the additional hearings.

The Government need to listen on this important issue. In principle, they are doing the right thing in terms of the direction of travel, but they need to listen to the widespread concerns about the practicalities of implementing their proposals; they need to listen to what the police and other agencies are telling them about the major constraints on timely investigation, address those constraints and take a comprehensive approach to scrutinising the role of all agencies in the investigatory process, including, but not limited to, the police. That is what these two new clauses seek to achieve, and I urge the Government to take further action in parallel with their proposals in the Bill.

Jack Dromey

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First, the Police Minister is right to be frank: this set of proposals will put pressure on not just the police but a whole range of other agencies. I note what he said of Her Majesty’s inspectorate of constabulary and its PEEL reports, and I add that the College of Policing and the Home Affairs Committee will keep this matter under review. I also welcome the proposed memorandum of understanding so that we can make the new system work. On that basis, and given those assurances, we will not press our amendments to a vote.

Amendment 148 agreed to.

Clause 50, as amended, ordered to stand part of the Bill.

Clauses 51 to 59 ordered to stand part of the Bill.

Clause 60

Restrictions on places that may be used as places of safety

Jack Dromey

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I pay tribute to my hon. Friend the Member for North Durham, who is a brave and doughty champion of those who have suffered from mental illness. There is no question but that real progress has been made in recent years, and he can take credit for the outstanding role that he has played in that process, which we see the benefits of in our constituencies and across the country.

I have seen non-custodial places of safety at the Oleaster suite in Birmingham and in the form of street triage arrangements around the country, including one team of three outstanding police officers in the east midlands. One of them took me to one side and said, “I’m passionate about what I do because my brother was diagnosed as a paranoid schizophrenic eight years ago. I’ve supported him; I now want to support others like him.” The Home Secretary is absolutely right to say that a police cell is no place for an ill person. I therefore completely support everything that my hon. Friend the Member for North Durham has said.

I want to speak only to new clause 50, although we support what has been said in respect of new clauses 11 and 12 and I will briefly refer to them. In our country there is a right to be represented, and that is all the more important in circumstances where there is a vulnerable individual—often one who is going through a terrible trauma in their life—who requires the support and advice that an independent representative or advocate can give. We therefore strongly support what my hon. Friend has said in respect of new clauses 11 and 12.

Returning to new clause 50, I will take this opportunity to repeat the concerns that were expressed across the House on Second Reading—the debate on these issues was excellent—and the concerns of medical professionals and the police. Although we welcome the objective of the proposals, the combination of the changes could put professionals in a difficult position. Assessments of those detained under the Mental Health Act 1983 cannot be completed until a bed has been identified. Professionals should not have to choose between breaking the law by exceeding the 24-hour period if a bed cannot be identified and not breaking the law but releasing someone who should be detained. Yet HMIC has found that some of the most common reasons why the police used custody as a place of safety include

“insufficient staff at a health-based place of safety”

and

“the absence of available beds at the health-based place of safety”.

I am sure that the Minister recognises that such problems will not be fixed by the Bill or even by the Home Office. It is therefore essential that, alongside the Bill, the Home Secretary and the Health Secretary work together to ensure that health service commissioners open sufficient beds and train sufficient professionals to deliver these welcome new commitments. New clause 50 would make it mandatory for the Home Secretary to report on the impact of the proposals in the Bill on mental health assessment and outcomes.

The hon. Member for Broxbourne (Mr Walker) spoke eloquently on Second Reading. He said:

“We cannot make demands on the police to change the way they do things in providing places of safety unless we actually provide places of safety.”—[Official Report, 7 March 2016; Vol. 607, c. 59.]

He is absolutely right. There are not enough beds in this country for mentally ill people who are suffering real crises and, as my hon. Friend the Member for North Durham has said, where beds are made available, long distances sometimes have to be travelled to take the individual in question to a safe place where they can be looked after. We therefore need cast-iron guarantees from the Department of Health that it is in a position to support police officers in treating those suffering from mental health crises with the dignity and support that they deserve.

The mental health crisis care concordat requires NHS commissioners to commission health-based places of safety for that purpose. It states:

“These should be provided at a level that allows for around the clock availability, and that meets the needs of the local population. Arrangements should be in place to handle multiple cases.”

However, there is not a specific statutory duty to commission health-based places of safety. In theory, the Mental Health Act could be amended to introduce a duty for clinical commissioning groups to commission suitable and sufficient health-based places of safety for persons detained under sections 135 or 136. Have the Home Office or the Department of Health considered that? We understand that, strictly speaking, such legislation is outside the scope of the Bill, but in parallel with the provisions here, the Home Office must have assurances from the Department of Health that they are going to make available the necessary capacity. That is why it is crucial to our amendment that the Secretary of State for Health is consulted. The Home Secretary and the Health Secretary should work together to ensure that the proposals improve the outcome for those subject to police detention and mental health assessment, and that health providers have the capacity to carry out timely assessments and provide any necessary in-patient care.

In conclusion, is there welcome progress in the right direction? On that there is absolutely no hesitation. However, on the issues that I have raised, the Government have yet to give assurances. I urge the Minister to act, to give Parliament, the public and the police whatever assurances are possible to ensure that the proposals in the Bill are not only brought forward with worthwhile intentions but implemented in practice, and that we avoid the possibility that in some cases they will do more harm than good.

Maria Caulfield (Lewes) (Con)

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I am slightly concerned by Opposition amendments that want to create a national picture. Having a bespoke local model has meant that Sussex has gone from having one of the highest levels of detention of people in crisis to one of the lowest. That is working very well for the police, the health service professionals and, most of all, for the patients.

Jack Dromey

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The Minister speaks with authority and sincerity, and we welcome the progress that has been made. Unusually, what we want to do on this occasion is strengthen the arm of the Home Office because, while it is true that there are excellent examples of good provision all over the country, it is uneven and patchy, and too many people who suffer mental illness are still being let down. The crucial point—she may be coming to this—is how the Home Office addresses the reality that, ultimately, it is the Department of Health that funds this provision. Unless the Department of Health is compelled to work with the Home Office, the Home Office will forever have problems.

Mr Kevan Jones

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I welcome what the Minister has said, as it goes to the core of what new clause 11 aims to achieve. In what format will those data be published? Will there be a consistent approach, as she suggests, so that areas can be compared? That is the other important point to consider as this legislation progresses: we must ensure that it is working, that people do not end up in police cells and that we have comparable data from different areas.

Lyn Brown

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Oh heavens!

The Bill exempts airsoft weapons from the 1 J limit. If we pass the Bill without making the amendment, airsoft weapons will be allowed to exceed that limit; instead, they will not be able legally to exceed 1.3 J, or 2.5 J for a single-shot weapon. Why has the exemption for airsoft weapons been put in place? If the Home Office is of the view that a 1 J threshold successfully identifies a lethal weapon in other instances, why are airsoft weapons any different?

Deputy Chief Constable Andy Marsh has cited evidence from the Forensic Science Service that the 1.3 J and 2.5 J thresholds would not be lethal for airsoft weapons, as was noted by the Law Commission, but that research is from 2001 and therefore more than 14 years old. There must surely be something more recent. If there is not, why is that? Why have we not commissioned something?

Lyn Brown

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Well, my research tells me it was in 2001. We will wait for some inspiration on that.

There is some dispute about whether airsoft guns can be converted into weapons that can shoot lethal ammunition. I am told that numerous YouTube videos exist in which enthusiasts claim that they can do exactly that. It was revealed by a 2013 freedom of information request that the American Bureau of Alcohol, Tobacco, Firearms and Explosives believes that some airsoft weapons can be converted. Given that, the Minister needs to explain the rationale behind the exemption of airsoft weapons from the standard 1 J limit. If 1 J is the definition of lethality and airsoft weapons can, as we understand, be converted to be lethal, it seems to me that they should comply with the 1 J limit and not be allowed a 1.3 J limit.

I accept that the Minister might well talk about the fun he has on his holidays playing these weird games.

Lyn Brown

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We wait to be entertained.

Lyn Brown

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Absolutely, Mr Howarth. My mind is boggling. I think I need to get back to the issue at hand.

The Minister may argue that the 1.3 J threshold is necessary to protect the airsoft industry, but the truth is that airsoft weapons could still be produced and carried without a firearms licence without this exemption; they would just have to be below the 1 J threshold of lethality. If airsoft guns are toys and not weapons, I do not see the problem with them being less powerful than lethal weapons. If airsoft enthusiasts still wish to have a powerful airsoft gun over the 1 J threshold, they could still do so without the exemption; they would just have to apply for the same licence and subject themselves to the same checks that we would expect for any other weapon that powerful. It does not seem to be too onerous a set of regulations to comply with.

Britain rightly prides itself on having among the most stringent gun control laws in the world. We see the public and their safety as the primary clients of gun control legislation. Elsewhere in the world, the so-called rights of gun owners are given preference, with tragic consequences. In this context, the Committee will be interested to know that Japan—where airsoft was invented and is profoundly popular—imposes a single 0.98 J limit on all guns, including airsoft weapons. Japanese manufacturers of airsoft weapons were happy to sign up to those regulations so, again, I do not see the need to exempt airsoft.

There must be a case for saying that a single power limit for all weapons, without exemptions or loopholes, would be legally preferable and more enforceable. That is what our amendment would achieve, and I know it is something for which the Gun Control Network, which was founded in the aftermath of the Dunblane tragedy, has campaigned. I look forward with interest to hearing what the Minister has to say.

Before I finish, I will talk about the use of airsoft weapons as realistic imitation firearms. These weapons are designed to look almost exactly like real firearms, and are only exempt from laws against the manufacture of realistic imitation firearms because of a set of defences provided in the Violent Crime Reduction Act 2006. In other countries, such as Canada, airsoft weapons are treated as realistic replica weapons and regulated as such.

On seeing these guns, I was immediately worried that they could easily be used to threaten and intimidate. There is no doubt that the owners and manufacturers of these weapons pride themselves on their guns looking exactly like the most deadly of weapons. I urge members of the Committee to go online and look for themselves. Websites such as Patrol Base sell guns that look exactly like military assault rifles.

I was not surprised to read that a cache of airsoft weapons was seized in December from an ISIS terror cell in Belgium. Two men were arrested and military fatigues, airsoft weapons and ISIS propaganda were found in their property. Brussels’s main new year’s eve fireworks display was cancelled as a result of the find.

Let’s face it: if a terrorist walked down Whitehall with one of these guns and threatened to shoot us, we would fear for our lives and comply with the instructions given by the bearer of the gun if we were unable to run for our lives. Even if these weapons are not lethal, they can certainly bring fear and terror. I ask the Minister whether any thought has been given to reviewing the exemption for airsoft guns from the laws against realistic imitation firearms in the light of the incident in Belgium. If not, I strongly urge him to think about it.

I feel so passionately about this matter that if the Minister is unable to help us today, I would be happy if he would consider it further, write to me and perhaps come back to it on Report.

Jake Berry (Rossendale and Darwen) (Con)

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Was any research undertaken into what difference such a change would make? Airsoft weapons have been known to cause injuries, even when used in safe, recreational settings. Did the Department undertake any research into the likelihood of reduced injury if the power of the weapons was reduced from the proposed 1.3 J limit to 1 J or even 0.98 J, which is the limit in Japan?

Lyn Brown

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I hear what the Minister says, but I have not heard an explanation of why an airsoft weapon could not be 1 J or less than 1 J, as is the case in Japan. No evidence has been put forward today to suggest that that would stop the enjoyment of people who want to run through forests waving firearms. The other point that I do not understand is why it would spoil their enjoyment if airsoft weapons were a different colour—pink, red or green—so that they did not look as realistic as they do at the moment.

Lyn Brown

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I beg to move amendment 228, in clause 80, page 83, line 31, leave out

“the amount of any fee that may be charged”

and insert

“that the fee charged must be equal to the full cost to the tax payer of issuing a licence.”.

This amendment would ensure that the firearms licensing system achieves full cost recovery.

Lyn Brown

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These amendments would be a first step towards ending state subsidy of gun ownership. They would achieve that goal by ensuring that the full costs of licensing prohibited weapons, pistol clubs and museums are recovered.

Full cost recovery was a Labour manifesto pledge. It is a key objective of the Gun Control Network, and it is even stated as a policy goal in the explanatory notes accompanying the Bill. It would therefore appear that we are all united in wanting to achieve the same end. However, the Bill would bring the licensing fee regime of prohibited weapons, pistol clubs and museums in line with the fees regime that exists for standard section 1 firearms. That is a problem. I do not believe that the fees regime for section 1 firearms provides for full cost recovery, so I do not have the confidence that these proposals will achieve full cost recovery for the licences that they control.

The Bill deals with relatively narrow issues around licensing fees. At the moment, there is no system to recover costs from the licensing of prohibited weapons. Subsection (1) will allow authorities to set fees for very powerful, prohibited weapons, such as rocket launchers, which can only be obtained with the permission of the UK Defence Council. The fee will be variable and set by the Secretary of State by regulations, just as is presently the case for ordinary section 1 firearms.

Subsections (2) and (3) deal with the licensing of pistol clubs and museums respectively. At the moment, such fees are fixed under the Firearms (Amendment) Act 1988, and the Secretary of State does not have the power to change them by secondary legislation. The Bill will bring the licensing system for those institutions in line with the licensing system for individual firearm owners by granting the Secretary of State the power to change the fees by regulation and by allowing variable fees. The Bill does not actually propose any change in the fees for pistol clubs or museums, and as a result the amount of money that these proposals involve is relatively small.

The Government estimate that these changes will bring in £570,000 a year for the Home Office, £78,000 for the English and Welsh police, £42,000 for the Scottish Government and £6,000 for Police Scotland. As it is said, every little helps. That increased revenue is welcome, as is the capacity for the Secretary of State to change the fees when the costs of licensing increase; but however welcome these changes are, the unfortunate truth is that these proposals will only make a small dent in the gun ownership subsidy that still persists in this country.

In the previous Parliament, the Labour party campaigned on full cost recovery. Fees for section 1 firearms had remained frozen for too long, and as a result the taxpayer was subsidising gun ownership to the tune of £17 million a year. That is insane. The police estimated that the cost of licensing a firearm was £196, yet the fee was stuck at £50. The taxpayer was paying three quarters of the cost of a gun owner getting a licence.

To be fair to the coalition Government, they did respond to the pressure. A working group was set up by the Home Office, the police and the British Association for Shooting and Conservation to consider the matter. After negotiations, it proposed that an £88 fee would be mutually acceptable to the police and shooters. The £88 fee was considerably short of the £196 that the police had independently estimated to be the true cost of licensing guns, but it was still a welcome increase. The £88 fee was finally introduced just before the general election. However, the fee was frozen for 14 years before it was finally increased. The £88 fee was arrived at only after negotiations with BASC and was not imposed following independent estimates.

Our amendments to the Bill would mandate the Secretary of State to set the cost of a licence for prohibited weapons, pistol clubs and museums at the full cost to the taxpayer. A legal requirement that the fee match the full cost would take some of the politics out of the process. The fee decisions would be based on an evidential analysis, conducted by the Home Office, of the true cost to the taxpayer. If the process proved to be successful for prohibited weapons, pistol clubs and museums, the Minister could consider extending it to section 1 firearms. This legislation could be a first step to true full cost recovery.

I will be interested to hear the Minister’s views on the issue. I urge him to accept amendments 228, 229 and 230. The taxpayer should not have to subsidise gun ownership, as it currently does. Our amendments would be a first step to bringing that unfairness to an end once and for all. Labour pushed hard for full cost recovery in the previous Parliament, and we have seen some movement from the Government on the issue. I urge the Minister to work with us, both by accepting our amendments today and by looking at the issue of section 1 licences in the future, to achieve what seems to be a realistic and realisable common goal.

Lyn Brown

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What is the need for consultation on this? If the Home Office is going to impose the full cost of the licence fee on the person who is applying for the licence, what are we consulting about? If the consultation comes back with some interested group saying, “We can’t afford this—we only really want 50% or 30%,” might the Government be minded to agree with that, rather than impose the full 100% of the cost?

Jake Berry

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Other people affected by this will be gamekeepers. For example, several gamekeepers in my constituency require a firearm for their job; so I hope that the Government will consider extremely widely. I do not think that, as a matter of principle, we should be saying that the Government should never subsidise sports. I am not particularly interested in volleyball, but I am very happy that we had the London Olympics, with £9 billion of Government money spent on hosting them. I do not think that the principle that we should never subsidise sport should be set out in law, so I hope that the Government will consider this and consult widely.

Lyn Brown (West Ham) (Lab)

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In conclusion [Laughter.] Financial sanctions are an important diplomatic and strategic power. Individuals or companies breaking financial sanctions are a serious threat to the national interest and must be stopped. We cannot allow the civil penalties introduced under the Bill to be perceived as a mere slap on the wrist, and a reasonable risk to take for those who would do business with people they should not. By accepting our amendments, the Minister could prevent that from happening.

Lyn Brown

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I am grateful to the Minister for that clear and concise answer to the points that I made. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 91 ordered to stand part of the Bill.

Clauses 92 to 102 ordered to stand part of the Bill.

Schedule 12 agreed to.

Clauses 103 to 107 ordered to stand part of the Bill.

New Clause 1

Initiation of investigations by IPCC

‘(1) Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc) is amended as follows.

(2) In paragraph 4 (reference of complaints to the Commission), in sub-paragraph (7), in the words before paragraph (a), after “occasion” insert “, or that has been treated as having been so referred by virtue of paragraph 4A”.

(3) After paragraph 4 insert—

“Power of Commission to treat complaint as having been referred

4A (1) The Commission may treat a complaint that comes to its attention otherwise than by having been referred to it under paragraph 4 as having been so referred.

(2) Where the Commission treats a complaint as having been referred to it—

(a) paragraphs 2 and 4 do not apply, or cease to apply, in relation to the complaint except to the extent provided for by paragraph 4(7), and

(b) paragraphs 5, 6, 6A, 15 and 25 apply in relation to the complaint as if it had been referred to the Commission by the appropriate authority under paragraph 4.

(3) The Commission must notify the following that it is treating a complaint as having been referred to it—

(a) the appropriate authority;

(b) the complainant;

(c) except in a case where it appears to the Commission that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), the person complained against (if any).

(4) Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a complaint and the complaint has not yet been recorded, the appropriate authority must record the complaint.”

(4) In paragraph 11 (recording etc of conduct matters otherwise than where conduct matters arise in civil proceedings), omit sub-paragraph (5).

(5) In paragraph 13 (reference of conduct matters to the Commission), in sub-paragraph (7), in the words before paragraph (a), after “occasion” insert “, or that has been treated as having been so referred by virtue of paragraph 13A”.

(6) After paragraph 13 insert—

“Power of Commission to treat conduct matter as having been referred

13A (1) The Commission may treat a conduct matter that comes to its attention otherwise than by having been referred to it under paragraph 13 as having been so referred.

(2) Where the Commission treats a conduct matter as having been referred to it—

(a) paragraphs 10, 11 and 13 do not apply, or cease to apply, in relation to the matter except to the extent provided for by paragraph 13(7), and

(b) paragraphs 14 and 15 apply in relation to the matter as if it had been referred to the Commission by the appropriate authority under paragraph 13.

(3) The Commission must notify the following that it is treating a conduct matter as having been referred to it—

(a) the appropriate authority;

(b) except in a case where it appears to the Commission that to do so might prejudice an investigation of the matter (whether an existing investigation or a possible future one), the person to whose conduct the matter relates.

(4) Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a conduct matter and the matter has not yet been recorded, the appropriate authority must record the matter.”

(7) In paragraph 14A (duty to record DSI matters), omit sub-paragraph (2).

(8) In paragraph 14C (reference of DSI matters to the Commission), in sub-paragraph (3), after “occasion” insert “, or that has been treated as having been so referred by virtue of paragraph 14CA,”.

(9) After paragraph 14C insert—

“Power of Commission to treat DSI matter as having been referred

14CA (1) The Commission may treat a DSI matter that comes to its attention otherwise than by having been referred to it under paragraph 14C as having been so referred.

(2) Where the Commission treats a DSI matter as having been referred to it—

(a) paragraphs 14A and 14C do not apply, or cease to apply, in relation to the matter except to the extent provided for by paragraph 14C(3), and

(b) paragraphs 14D and 15 apply in relation to the matter as if it had been referred to the Commission by the appropriate authority under paragraph 14C.

(3) The Commission must notify the appropriate authority that it is treating a DSI matter as having been referred to it.

(4) Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a DSI matter and the matter has not yet been recorded, the appropriate authority must record the matter.”

(10) In section 29 of the Police Reform Act 2002 (interpretation of Part 2 of that Act), in subsection (1), in paragraph (a) of the definition of “recordable conduct matter”, for “or 11” substitute “, 11 or 13A”. —(Karen Bradley.)

This new clause is intended to take the place of clause 14. The amendments of Schedule 3 to the Police Reform Act 2002 in the new clause are aimed at giving the IPCC the ability to consider whether or not it is necessary for a complaint, conduct matter or DSI matter to be investigated and, if so, to determine what form the investigation should take, as soon as the IPCC becomes aware of the complaint or matter.

Brought up, read the First and Second time, and added to the Bill.

New Clause 2

Sensitive information received by IPCC: restriction on disclosure

‘(1) Part 2 of the Police Reform Act 2002 (complaints and misconduct) is amended as follows.

(2) After section 21 insert—

“21A Restriction on disclosure of sensitive information

(1) Where the Commission receives information within subsection (3), the Commission must not disclose (whether under section 11, 20 or 21 or otherwise) the information, or the fact that it has been received, unless the relevant authority consents to the disclosure.

(2) Where a person appointed under paragraph 18 of Schedule 3 to investigate a complaint or matter (a “paragraph 18 investigator”) receives information within subsection (3), the paragraph 18 investigator must not disclose the information, or the fact that it has been received, to any person other than the Commission unless the relevant authority consents to the disclosure.

(3) The information is—

(a) intelligence service information;

(b) intercept information;

(c) information obtained from a government department which, at the time it is provided to the Commission or the paragraph 18 investigator, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority—

(i) cause damage to national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom, or

(ii) jeopardise the safety of any person.

(4) Where the Commission or a paragraph 18 investigator discloses to another person information within subsection (3), or the fact that the Commission or the paragraph 18 investigator has received it, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure.

(5) In this section—

“government department” means a department of Her Majesty’s Government but does not include—

(a) the Security Service,

(b) the Secret Intelligence Service, or

(c) the Government Communications Headquarters (“GCHQ”);

“intelligence service information” means information that was obtained (directly or indirectly) from or that relates to—

(a) the Security Service,

(b) the Secret Intelligence Service,

(c) GCHQ, or

(d) any part of Her Majesty’s forces, or of the Ministry of Defence, which engages in intelligence activities;

“intercept information” means information relating to any of the matters mentioned in section 19(3) of the Regulation of Investigatory Powers Act 2000;

“Minister of the Crown” includes the Treasury;

“paragraph 18 investigator” has the meaning given by subsection (2);

“relevant authority” means—

(a) in the case of intelligence service information obtained (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service;

(b) in the case of intelligence service information obtained (directly or indirectly) from or relating to the Secret Intelligence Service, the Chief of the Secret Intelligence Service;

(c) in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ;

(d) in the case of intelligence service information obtained (directly or indirectly) from or relating to Her Majesty’s forces or the Ministry of Defence, the Secretary of State;

(e) in the case of intercept information, the person to whom the relevant interception warrant is or was addressed;

(f) in the case of information within subsection (3)(c)—

“relevant interception warrant” means the interception warrant issued under section 5 of the Regulation of Investigatory Powers Act 2000 that relates to the intercept information.

21B Provision of sensitive information to the Commission and certain investigators

‘(1) A person who provides information that is intelligence service information or intercept information to the Commission or a paragraph 18 investigator (whether under a provision of this Part or otherwise) must—

(a) make the Commission or the paragraph 18 investigator aware that the information is intelligence service information or (as the case may be) intercept information, and

(b) provide the Commission or the paragraph 18 investigator with such additional information as will enable the Commission or the paragraph 18 investigator to identify the relevant authority in relation to the information.

(2) In this section, “intelligence service information”, “intercept information”, “paragraph 18 investigator” and “relevant authority” have the same meaning as in section 21A.”

(3) In Schedule 3 (handling of complaints and conduct matters etc), in Part 3 (investigations and subsequent proceedings)—

(a) omit paragraph 19ZD (sensitive information: restriction on further disclosure of information received under an information notice);

(b) in paragraph 22 (final reports on investigations: complaints, conduct matters and certain DSI matters)—

(i) after sub-paragraph (6) insert—

“(6A) Where a person would contravene section 21A by submitting, or (as the case may be) sending a copy of, a report in its entirety to the appropriate authority under sub-paragraph (2) or (3)(b), the person must instead submit, or send a copy of, the report after having removed or obscured the information which by virtue of section 21A the person must not disclose.”;

(ii) in sub-paragraph (8), at the end insert “except so far as the person is prevented from doing so by section 21A”;

(c) in paragraph 23 (action by the Commission in response to an investigation report under paragraph 22), after sub-paragraph (2) insert—

“(2ZA) Where the Commission would contravene section 21A by sending a copy of a report in its entirety to the appropriate authority under sub-paragraph (2)(a) or to the Director of Public Prosecutions under sub-paragraph (2)(c), the Commission must instead send a copy of the report after having removed or obscured the information which by virtue of section 21A the Commission must not disclose.”;

(d) in paragraph 24A (final reports on investigations: other DSI matters), after sub-paragraph (3) insert—

“(3A) Where a person would contravene section 21A by sending a copy of a report in its entirety to the appropriate authority under sub-paragraph (2)(b), the person must instead send a copy of the report after having removed or obscured the information which by virtue of section 21A the person must not disclose.”” —(Karen Bradley.)

Paragraph 19ZD of Schedule 3 to the Police Reform Act 2002 currently imposes restrictions on the further disclosure by the IPCC of certain sensitive information received by it under an information notice. This new clause replaces paragraph 19ZD with new section 21A of the 2002 Act, which applies irrespective of how the IPCC has obtained the information. New section 21A also applies to investigators appointed under paragraph 18 of Schedule 3 to the 2002 Act (investigations by an appropriate authority under the IPCC’s direction). New section 21A is supplemented by new section 21B, which is intended to assist those needing to comply with section 21A.

Brought up, read the First and Second time, and added to the Bill.

New Clause 3

Release without bail: fingerprinting and samples

(1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 61(5A) (fingerprinting of person arrested for a recordable offence) —

(a) in paragraph (a) omit “in the case of a person who is on bail,”, and

(b) in paragraph (b) omit “in any case,”.

(3) In section 63(3ZA) (taking of non-intimate sample from person arrested for a recordable offence)—

(a) in paragraph (a) omit “in the case of a person who is on bail,”, and

(b) in paragraph (b) omit “in any case,”.—(Karen Bradley.)

Sections 61(5A) and 63(3ZA) of PACE allow fingerprints and samples to be taken from persons released on bail. Because of changes in the Bill, persons will be released without bail (rather than on bail) unless pre-conditions are met. The amendments change those sections so they cover persons released without bail too.

Brought up, read the First and Second time, and added to the Bill.

New Clause 4

Release under section 24A of the Criminal Justice Act 2003

(1) Section 24A of the Criminal Justice Act 2003 (arrest for failure to comply with conditions attached to conditional caution) is amended as follows.

(2) In subsection (2) for paragraphs (b) and (c) substitute—

“(b) released without charge and without bail (with or without any variation in the conditions attached to the caution) unless paragraph (c)(i) and (ii) applies, or

(c) released without charge and on bail if—

(i) the release is to enable a decision to be made as to whether the person should be charged with the offence, and

(ii) the pre-conditions for bail are satisfied.”

(3) In subsections (3)(a) and (4) for “subsection (2)(b)” substitute “subsection (2)(c)”.

(4) After subsection (8) insert—

(8A) In subsection (2) the reference to the pre-conditions for bail is to be read in accordance with section 50A of the 1984 Act.”—(Karen Bradley.)

This new clause changes the provisions in the Criminal Justice Act 2003 relating to persons who are arrested because they are believed to have failed to comply with conditions attached to a conditional caution. To reflect the changes made in the Bill, those persons will be released without bail (rather than on bail) unless pre-conditions are met.

Brought up, read the First and Second time, and added to the Bill.

New Clause 5

Duty to notify person released under section 34, 37 or 37CA of PACE that not to be prosecuted

(1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 34 (limitations on police detention) after subsection (5A) (inserted by section 42 of this Act) insert—

(5B) Subsection (5C) applies where—

(a) a person is released under subsection (5), and

(b) the custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(5C) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(5D) Subsection (5C) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(5E) In this Part “caution” includes—

(a) a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;

(b) a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;

(c) a youth caution under section 66ZA of that Act.”

(3) Section 37 (duties of custody officer before charge) is amended as follows.

(4) After subsection (6) insert——

(6A) Subsection (6B) applies where—

(a) a person is released under subsection (2), and

(b) the custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(6B) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(6C) Subsection (6B) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”

(5) After subsection (8) insert—

(8ZA) Where—

(a) a person is released under subsection (7)(b) or (c), and

(b) the custody officer makes a determination as mentioned in subsection (6A)(b),

subsections (6B) and (6C) apply.”

(6) Section 37B (consultation with Director of Public Prosecutions) is amended as follows.

(7) After subsection (5) insert—

(5A) Subsection (5) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”

(8) Omit subsection (9).

(9) In section 37CA (release following arrest for breach of bail) after subsection (4) insert——

(5) Subsection (6) applies where—

(a) a person is released under subsection (2), and

(b) a custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(6) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(7) Subsection (6) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”

(10) In section 24B(2) of the Criminal Justice Act 2003 (application of provisions of Police and Criminal Evidence Act 1984)—

(a) in paragraph (d) for “(5)” substitute “(5E)”, and

(b) in paragraph (f) for “(6)” substitute “(6C)”.—(Karen Bradley.)

This new clause requires a custody officer to notify a person released under section 34(5), 37(2) or (7)(b) or (c) or 37CA(2) of PACE if it is decided not to prosecute. So the person is put in the same position as a person released under section 37(7)(a) (who is notified under section 37B(5)).

Brought up, read the First and Second time, and added to the Bill.



New Clause 6

Duty to notify person released under any of sections 41 to 44 of PACE that not to be prosecuted

(1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 41 (limits on period of detention without charge) after subsection (9) insert—

(10) Subsection (11) applies where—

(a) a person is released under subsection (7), and

(b) a custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(11) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(12) Subsection (11) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”

(3) In section 42 (authorisation of continued detention) after subsection (11) insert—

(12) Subsection (13) applies where—

(a) a person is released under subsection (10), and

(b) a custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(13) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(14) Subsection (13) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”

(4) In section 43 (warrants of further detention) after subsection (19) insert——

(20) Subsection (21) applies where—

(a) a person is released under subsection (15) or (18), and

(b) a custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(21) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(22) Subsection (21) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”

(5) In section 44 (extension of warrants of further detention) after subsection (8) insert——

(9) Subsection (10) applies where—

(a) a person is released under subsection (7), and

(b) a custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(10) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(11) Subsection (10) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.” —(Karen Bradley.)

This new clause requires a custody officer to notify a person released under section 41(7), 42(10), 43(15) or (18) or 44(7) of PACE if it is decided not to prosecute. So the person is put in the same position as a person released under section 37(7)(a) (who is notified under section 37B(5)).

Brought up, read the First and Second time, and added to the Bill.

New Clause 22

Combined authority mayors: exercise of fire and rescue functions

‘(1) The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) to (4).

(2) After section 107E insert—

“107EA Exercise of fire and rescue functions

(1) This section applies to a mayor for the area of a combined authority who—

(a) by virtue of section 107D(1), may exercise functions which are conferred on a fire and rescue authority in that name (“fire and rescue functions”), and

(b) by virtue of section 107F(1), may exercise functions of a police and crime commissioner.

(2) The Secretary of State may by order make provision—

(a) authorising the mayor to arrange for the chief constable of the police force for the police area which corresponds to the area of the combined authority to exercise fire and rescue functions exercisable by the mayor;

(b) authorising that chief constable to arrange for a person within subsection (4) to exercise functions exercisable by the chief constable under arrangements made by virtue of paragraph (a).

(3) An order under subsection (2) may provide that arrangements made under the order—

(a) may authorise the exercise of any fire and rescue functions exercisable by the mayor;

(b) may authorise the exercise of any fire and rescue functions exercisable by the mayor other than those specified or described in the order;

(c) may authorise the exercise of fire and rescue functions exercisable by the mayor which are specified or described in the order.

(4) The persons mentioned in subsection (2)(b) are—

(a) members of the chief constable’s police force;

(b) the civilian staff of that police force, as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011;

(c) members of staff transferred to the chief constable under a scheme made by virtue of section 107EC(1);

(d) members of staff appointed by the chief constable under section 107EC(2).

(5) Provision in an order under section 107D(1) for a function to be exercisable only by the mayor for the area of a combined authority is subject to provision made by virtue of subsection (2).

(6) This section is subject to—

(a) section 107EB (section 107EA orders: procedure), and

(b) section 37 of the Fire and Rescue Services Act 2004 (prohibition on employment of police in fire-fighting).

107EB Section 107EA orders: procedure

‘(1) An order under section 107EA(2) may be made in relation to the mayor for the area of a combined authority only if the mayor has requested the Secretary of State to make the order.

(2) A request under subsection (1) must be accompanied by a report which contains—

(a) an assessment of why—

(i) it is in the interests of economy, efficiency and effectiveness for the order to be made, or

(ii) it is in the interests of public safety for the order to be made,

(b) a description of any public consultation which the mayor has carried out on the proposal for the order to be made,

(c) a summary of the responses to any such consultation, and

(d) a summary of the representations (if any) which the mayor has received about that proposal from the constituent members of the combined authority.

(3) Subsections (4) and (5) apply if—

(a) the mayor for the area of a combined authority has made a request under subsection (1) for the Secretary of State to make an order under section 107EA(2), and

(b) at least two thirds of the constituent members of the combined authority have indicated that they disagree with the proposal for the order to be made.

(4) The mayor must, in providing the report under subsection (2), provide the Secretary of State with—

(a) copies of the representations (if any) made by the constituent members of the combined authority about that proposal, and

(b) the mayor’s response to those representations and to the responses to any public consultation which the mayor has carried out on that proposal.

(5) The Secretary of State must—

(a) obtain an independent assessment of that proposal, and

(b) in deciding whether to make the order, have regard to that assessment and to the material provided under subsection (4) (as well as the material provided under subsection (2)).

(6) An order under section 107EA(2) may be made only if it appears to the Secretary of State that—

(a) it is in the interests of economy, efficiency and effectiveness for the order to be made, or

(b) it is in the interest of public safety for the order to be made.

(7) The Secretary of State may, in making an order under section 107EA(2) in relation to the mayor for the area of a combined authority, give effect to the mayor’s proposal for the order with such modifications as the Secretary of State thinks appropriate.

(8) Before making an order which gives effect to such a proposal with modifications, the Secretary of State must consult the mayor and the combined authority on the modifications.

(9) In this section—

“constituent council”, in relation to a combined authority, means—

(a) a county council the whole or any part of whose area is within the area of the combined authority, or

(b) a district council whose area is within the area of the combined authority;

“constituent member”, in relation to a combined authority, means a member of the authority appointed by a constituent council (but does not include the mayor for the area of the combined authority).

107EC  Section 107EA orders: further provision

‘(1) An order under section 107EA(2) may make provision for the making of a scheme to transfer property, rights and liabilities (including criminal liabilities) from a fire and rescue authority or the combined authority to the chief constable (including provision corresponding to any provision made by section 17(4) to (6) of the Localism Act 2011).

(2) A chief constable to whom an order under section 107EA(2) applies may appoint staff for the purpose of the exercise of functions exercisable by the chief constable by virtue of the order.

(3) A chief constable to whom an order under section 107EA(2) applies may—

(a) pay remuneration, allowances and gratuities to members of the chief constable’s fire and rescue staff;

(b) pay pensions to, or in respect of, persons who are or have been such members of staff;

(c) pay amounts for or towards the provision of pensions to, or in respect of, persons who are or have been such members of staff.

(4) In subsection (3) “allowances”, in relation to a member of staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

(5) Subject to subsections (6) to (8), a person who is employed pursuant to a transfer by virtue of subsection (1) or an appointment under subsection (2) may not at the same time be employed pursuant to an appointment by a chief constable of the police force for a police area under Schedule 2 to the Police Reform and Social Responsibility Act 2011.

(6) Where an order under section 107EA(2) is in force in relation to the chief constable of the police force for a police area, the person who is for the time being the police force’s chief finance officer is to be responsible for the proper administration of financial affairs relating to the exercise of functions exercisable by the chief constable by virtue of the order.

(7) Subsection (5) does not prevent a person who is employed as a finance officer for fire functions from being at the same time employed as a finance officer for police functions.

(8) In subsection (7)—

“finance officer for fire functions” means a member of a chief constable’s fire and rescue staff who—

(a) is not a chief finance officer of the kind mentioned in subsection (6), and

(b) is employed to carry out duties relating to the proper administration of financial affairs relating to the exercise of functions exercisable by the chief constable by virtue of an order under section 107EA(2);

“finance officer for police functions” means a member of a chief constable’s civilian staff within the meaning of the Police Reform and Social Responsibility Act 2011 who—

(a) is not a chief finance officer of the kind mentioned in subsection (6), and

(b) is employed to carry out duties relating to the proper administration of a police force’s financial affairs.

(9) Where an order under section 107EA(2) is in force, the combined authority to which the order applies must pay—

(a) any damages or costs awarded against the chief constable to whom the order applies in any proceedings brought against the chief constable in respect of the acts or omissions of a member of the chief constable’s fire and rescue staff;

(b) any costs incurred by the chief constable in any such proceedings so far as not recovered by the chief constable in the proceedings;

(c) any sum required in connection with the settlement of any claim made against the chief constable in respect of the acts or omissions of a member of the chief constable’s fire and rescue staff, if the settlement is approved by the authority.

(10) Where an order under section 107EA(2) is in force, the combined authority to which the order applies may, in such cases and to such extent as appears to the authority to be appropriate, pay—

(a) any damages or costs awarded against a member of the fire and rescue staff of the chief constable to whom the order applies in proceedings for any unlawful conduct of that member of staff;

(b) costs incurred and not recovered by such a member of staff in such proceedings;

(c) sums required in connection with the settlement of a claim that has or might have given rise to such proceedings.

(11) In this section “fire and rescue staff”, in relation to a chief constable to whom an order under section 107EA(2) applies, means—

(a) staff transferred to the chief constable under a scheme made by virtue of subsection (1);

(b) staff appointed by the chief constable under subsection (2).

107ED Section 107EA orders: exercise of fire and rescue functions

‘(1) This section applies if—

(a) an order under section 107EA(2) makes provision in relation to the area of a combined authority, and

(b) by virtue of the order, fire and rescue functions exercisable by the mayor for the area of the combined authority are exercisable by the chief constable of the police force for the police area which corresponds to that area.

(2) The chief constable must secure that good value for money is obtained in exercising—

(a) functions which are exercisable by the chief constable by virtue of the order, and

(b) functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.

(3) The chief constable must secure that other persons exercising functions by virtue of the order obtain good value for money in exercising those functions.

(4) The mayor must—

(a) secure the exercise of the duties which are exercisable by the chief constable or another person by virtue of the order,

(b) secure the exercise of the duties relating to fire and rescue services which are imposed on the chief constable by or by virtue of any enactment,

(c) secure that functions which are exercisable by the chief constable or another person by virtue of the order are exercised efficiently and effectively, and

(d) secure that functions relating to fire and rescue services which are conferred or imposed on the chief constable by or by virtue of any enactment are exercised efficiently and effectively.

(5) The mayor must hold the chief constable to account for the exercise of such functions.

107EE Section 107EA orders: complaints and conduct matters etc

‘(1) If an order is made under 107EA(2) that enables arrangements to be made for the exercise of functions by members of a police force or the civilian staff of a police force, the Secretary of State may by order amend Part 2 of the Police Reform Act 2002 (persons serving with the police: complaints and conduct matters etc) in consequence of that provision.

(2) If an order is made under section 107EA(2) that enables arrangements to be made for the exercise of functions by members of staff transferred to a chief constable under a scheme made by virtue of section 107EC(1) or appointed by a chief constable under section 107EC(2), the Secretary of State may by order make provision of the type described in subsection (3) in relation to those members of staff.

(3) The provision referred to in subsection (2) is—

(a) provision corresponding or similar to any provision made by or under Part 2 of the Police Reform Act 2002;

(b) provision applying (with or without modifications) any provision made by or under Part 2 of that Act.

(4) The Secretary of State may by order, in consequence of any provision made under subsection (2), amend Part 2 of the Police Reform Act 2002.

(5) Before making an order under this section the Secretary of State must consult—

(a) the Police Advisory Board for England and Wales,

(b) the Independent Police Complaints Commission,

(c) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

(d) such persons as appear to the Secretary of State to represent the views of fire and rescue authorities, and

(e) such other persons as the Secretary of State considers appropriate.

107EF Section 107EA orders: application of local policing provisions

‘(1) The Secretary of State may by order—

(a) apply (with or without modifications) any provision of a local policing enactment in relation to a person within subsection (2);

(b) make, in relation to such a person, provision corresponding or similar to any provision of a local policing enactment.

(2) Those persons are—

(a) a mayor for the area of a combined authority to which an order under section 107EA(2) applies,

(b) a chief constable to which such an order applies, and

(c) a panel established by virtue of an order under paragraph 4 of Schedule 5C for such an area.

(3) The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made by or under a local policing enactment or make provision corresponding or similar to any such provision.

(4) The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1).

(5) In this section “local policing enactment” means an Act relating to a police and crime commissioner.

(3) In section 107D(6)(b) (general functions exercisable by the mayor for the area of a combined authority) after “section 107E” insert “or 107EA”.

(4) In section 120 (interpretation) after the definition of “EPB” insert—

““fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;”.

(5) In section 26 of the Fire Services Act 1947 (firefighters’ pension scheme) (as continued in force by order under section 36 of the Fire and Rescue Services Act 2004) in subsection (5A) (as inserted by paragraph 12 of Schedule 1)—

(a) omit the “or” at the end of paragraph (a), and

(b) after paragraph (b) insert—

“(c) a transfer to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or

(d) an appointment by the chief constable under section 107EC(2) of that Act.”

(6) In section 63 of the Police Act 1996 (Police Advisory Board for England and Wales) in subsection (4) (as inserted by paragraph 15 of Schedule 1) for “also imposes a requirement” substitute “and section 107EE of the Local Democracy, Economic Development and Construction Act 2009 also impose requirements”.

(7) In section 38 of the Police Reform Act 2002 (police powers for civilian staff) in subsection (11A) (as inserted by paragraph 17 of Schedule 1) after paragraph (b) insert—

“(c) any member of staff transferred to that chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009 (transfer of property, rights and liabilities to chief constable to whom fire functions of combined authority may be delegated);

(d) any member of staff appointed by that chief constable under section 107EC(2) of that Act (appointment of staff by chief constable to whom fire functions of combined authority may be delegated).”

(8) In section 34 of the Fire and Rescue Services Act 2004 (pensions etc) in subsection (11) (as inserted by paragraph 9 of Schedule 1)—

(a) omit the “or” at the end of paragraph (a), and

(b) after paragraph (b) insert—

“(c) transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or

(d) appointed by the chief constable under section 107EC(2) of that Act.”

(9) In section 37 of the Fire and Rescue Services Act 2004 (prohibition on employment of police in fire-fighting) (as substituted by paragraph 10 of Schedule 1) in subsection (3)—

(a) after “whom” insert “—(a)”, and

(b) after paragraph (a) insert “, or

(b) functions of a fire and rescue authority which are exercisable by the mayor of a combined authority have been delegated under an order under section 107EA(2) of the Local Democracy, Economic Development and Construction Act 2009.”

(10) In Schedule 8 to the Police Reform and Social Responsibility Act 2011 (appointment, suspension and removal of senior police officers) in paragraph 2 (no appointment until end of confirmation process) in sub-paragraph (1AA) (as inserted by paragraph 23 of Schedule 1) after “section 4F of the Fire and Rescue Services Act 2004” insert “or section 107EA(2) of the Local Democracy, Economic Development and Construction Act 2009”.

(11) In Schedule 1 to the Public Service Pensions Act 2013 (persons in public service: definitions) in paragraph 6 (fire and rescue workers) in paragraph (aa) (as inserted by paragraph 24 of Schedule 1)—

(a) omit the “or” at the end of sub-paragraph (i), and

(b) for the “or” at the end of sub-paragraph (ii) substitute—transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, orappointed by the chief constable under section 107EC(2) of that Act, or”.”

(i) transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or

(ii) appointed by the chief constable under section 107EC(2) of that Act, or”.” —(Mike Penning.)

This new clause makes provision for and in connection with enabling the mayor of a combined authority by whom fire and rescue functions are exercisable to delegate those functions to the chief constable for the police area which corresponds to the area of the combined authority.

Brought up, and read the First time.

The Chair

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With this it will be convenient to discuss Government amendments 216 and 221.

Lyn Brown

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The new clause will give metro mayors the power to put in place a single employer model for the fire service and for the police force, where they have taken on the role of fire and rescue authority and police and crime commissioner. There are already provisions in the Bill that enable metro mayors to take on responsibility for the governance of policing and fire, but there is no existing legislation to give a mayor who has taken on both roles the power to implement the single employer model.

As we discussed in a previous sitting, the Bill provides for police and crime commissioners who have taken responsibility for fire and rescue to put in place a single employer model; the new clause extends this power to mayors. Since we were opposed to the single employer model then, it will be no surprise to the Minister or the Committee that we are still opposed to it now. The Committee will be relieved to hear that I am not going to repeat the arguments I made on the first day against the single employer model in quite as much detail today—the Committee has heard my concerns, and I am sure the Minister took note of them—but I would like to re-address the important arguments.

A large proportion of the work carried out by the fire service is preventive: smoke alarms are checked, sprinklers are fitted and homes are made safer. This preventive work is not an add-on to the fire service’s work; it is at the core of what it does. We need to be honest: there are some people who would not welcome a policeman into their homes without a warrant. Police officers turning up at their door can be a scary experience. There are fears that under the single employer model it may be more difficult for the fire service to carry out vital preventive work if a member of the public is concerned that the firefighters coming into their home may have to share information with or report back to their boss, the police.

There is a fundamental difference between the humanitarian service that the fire and rescue service provides and the law enforcement service carried out by the police. This is not an attack on our police, who provide an important public service, as we all know. However, for the public to allow firefighters into their homes for preventive checks, there has to be a level of trust in the fire service, which is quite simply not paralleled elsewhere.

There is also the issue of workers in the police force and the fire and rescue service enjoying different terms and conditions of employment, not least around the right to strike. I think there are legitimate fears that the single employer model will be used as a means of cutting back on the workers’ rights of those in the fire service.

Finally, I am concerned about extending the power of the single employer model to metro mayors at this late stage in the legislative process. By including that in a late amendment, the Government have not given those living in metropolitan areas the time to consider and be consulted about what is on offer. Will the Minister explain why this important part of the Government’s reform is being made via an amendment at this late stage?

The Chair

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With this it will be convenient to discuss the following:

Government new clause 42—Offence of breach of pre-charge bail conditions relating to travel: interpretation.

New clause 43—Breach of pre-charge bail—

“(1) A person commits an offence if, having been released on bail under sections 37, 37C(2)(b) or 37CA(2)(b) of the Police and Criminal Evidence Act 1984 under investigation for a terrorism offence or serious crime offence they breach any of the terms of their bail specified that place restriction on their ability to travel including surrendering their passport and/or place conditions on their residency.

(2) A person guilty of an offence under this section shall be liable on summary conviction to 6 months imprisonment or a fine or to both.

(3) For the purposes of this section, serious crime shall be specified of the Secretary of State by order.”

This new clause would make it an offence for those suspected of serious crimes and terrorism to break bail conditions linked to travel.

Government amendment 226

Jack Dromey

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All I would say is that this measure was not part of the original Bill. It is certainly true that the Home Affairs Committee has done valuable work on this matter, but ultimately it was our proposal on Second Reading that led to the Government’s welcome shift. The fact that there is cross-party support is also welcome.

If we believe that the Government have moved, we are not convinced that they have yet gone far enough. The issue of principle is simple: it should not be right that terror suspects on pre-charge police bail have previously been able to leave the country with ease to escape justice, and it is essential that the loophole is closed as a matter of urgency. The Government’s new clause would make it an offence for those suspected of terrorism to break bail conditions linked to travel.

On Second Reading, my right hon. Friend the Member for Leigh referred to the case of Siddhartha Dhar, who absconded while on police bail and went to Syria via Dover, as a prime example of the unacceptable loophole in the current system. In reference to what the hon. Member for Kingston and Surbiton said earlier, the Home Affairs Committee investigated forensically and collected evidence on this important issue. That was strongly buttressed by the compelling evidence given by the head of counter-terrorism, Mark Rowley, and Sara Thornton, the chair of the National Police Chiefs Council, when they came before this Committee. They both made it absolutely clear that they wanted to see the removal of the limitations currently obtaining, which are operational constraints.

Although we welcome the Government’s amendment and new clause, we want to ensure that in cases such as that of Siddhartha Dhar the police are able to insist on a suspect’s passports being handed over when they are in the custody suite. We should not wait to write to them after they have been released to say, “Please, would you hand over your passport?” because we risk that they may have already used the opportunity to leave the country, as Mr Dhar did. The Home Affairs Committee recommended that to the Government some considerable time ago, and we welcome the fact that Ministers are now acting, but their proposal does not set out how exactly the police can seize travel documentation, where necessary. For example, will the police be able to accompany the suspect to wherever his or her passport is being stored? Could they prevent a suspect from leaving until documentation is brought to the station? Will the police be able to request the surrender of passports and travel documents as a condition of release from custody? What exactly does the Policing Minister envisage happening next time the police arrest a terrorist suspect who inconveniently does not have his travel documentation on him at the time of arrest? I would be grateful if the Government would set out in some detail how they see this working.

Jack Dromey

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I have looked at what the Minister said in our earlier discussions, in particular in relation to the Terrorism Act 2000. There is no provision for bail, before or after charge, under the Terrorism Act. Under the Act it boils down to either charging or releasing a suspect; the initial detention limit is 48 hours, which is extendable, and there is no existing terrorist legislation, therefore, that provides for the police to seize a passport from a terrorist suspect or relates to the enforcement of pre-charge bail conditions.

Jack Dromey

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The hon. Gentleman makes a very good point. That is precisely why I referred earlier to “passports”. There have been a number of cases of people having dual nationality in the way the hon. Gentleman has suggested. Fundamentally, this is about making sure that we do not have somebody like Dhar who walks out of the police station, says, “Yeah, okay, I will surrender my passports, I will be back tomorrow” and is then on the first plane to get out of the country. It is about certainty beyond any doubt that that simply cannot happen in future. Relatedly, have the Government looked at the issue of the ability of agencies to communicate immediately when passports are to be surrendered—for example, crucially, the Border Force? We look forward to clarification on these crucial points.

On another issue, the Government proposal applies only to terrorist suspects and not to those suspected of serious crimes. There is no question but that there is something uniquely awful about the terrorist threat to our country but, having said that, our new clause includes serious crime offences to be specified by the Secretary of State in regulation and so would address cases where, for example, suspects have fled the country before standing trial over rape allegations. The Minister has very helpfully said that he will keep this matter under review. We hope, however, that the Government will now give the Home Secretary that power; of course, it is for the Home Secretary to determine, in consultation, how that power is exercised thereafter.

The Minister was right when he said that the National Police Chiefs Council highlighted that it would like this power not to be confined to counter-terrorism. We urge the Government to include suspects of other offences in their proposals. As such, in circumstances where the Government are taking action, we will not press our new clause to a vote today. We seek assurances from the Government on the points I have raised as soon as possible, however, and we stand ready for further dialogue before Report. I very much hope that we can go to Report with a common position. In that dialogue, we will seek a strengthened clause and we will work with the Government to make sure that the pre-charge bail regime truly has teeth. We will return to this on Report; for now, on this crucial issue, we urge the Government to reflect and I stress, once again, that we very much hope that we are able to make common progress by the time of Report. The way we vote on Report will depend on whether we can put our hand on our hearts and say that never again will there be a case like that of Dhar.

Liz Saville Roberts (Dwyfor Meirionnydd)

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: I beg to move, That the clause be read a Second time.

Diolch yn fawr, Mr Cadeirydd. It is a pleasure to serve under your chairmanship, Mr Howarth. This is a probing new clause, and I do not intend to press it to a Division. None the less, I draw the Committee’s attention to the fact that policing in Wales is an anomaly in the UK. Although policing is a devolved power in Northern Ireland and Scotland, Welsh policing remains reserved to Westminster. At the same time, the Welsh police forces are unique in the UK in that they are non-devolved bodies operating within a largely devolved public services landscape.

When we were discussing the police and fire authorities earlier in Committee, I was aware that there were perhaps cost implications for the police forces in Wales that are not necessarily appreciated. We are seeing changes happening even during the progress of the Bill. It is as important to draw attention to that as much as to the principle of devolving policing.

The Welsh police forces are unique in the sense that they are required to follow the agenda of two Governments; crucially, that means that Welsh police forces operate on the basis of English priorities, such as knife crime. Some of these issues are major problems in England but less so in Wales; correspondingly, issues that are significant in Wales have a lower priority here. Thus, while there are clear and numerous benefits to devolving policing, the arguments for keeping it reserved to Westminster appear to be comparably weak—and weakening, given that it is already devolved to Scotland and Northern Ireland.

That was, of course, reflected in the recommendations of the Silk commission, which was set up by the previous coalition Government and comprised a nominee from each of the four main parties, academics and industry experts. It received written evidence, heard oral evidence and visited every corner of Wales; it was a very broad consultation project. It heard evidence from the police themselves calling for the devolution of policing, and the report recommended as such. All four parties represented on the Silk commission recommended that policing be devolved, as has every Member of the National Assembly.

Liz Saville Roberts

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I welcome the change of standpoint by Labour MPs. Possibly it indicates a shift since the process undertaken through the St David’s day negotiation resulted in not all the recommendations of the Silk report being adopted, even though they were cross-party.

On devolution and the issues to be decided by the people of Wales, when I was discussing the draft Wales Bill, we were told that in the St David’s day discussions certain issues had been brought ahead or otherwise. I note that the people of Wales did not support the police commissioners in that state when that decision was made.

Finally, another issue that is developing as we speak, in the nature of devolution, is the development of a distinct legal jurisdiction, with a separate legislature in Wales able to produce its own legislation. Although we are talking about 10 years, I anticipate and very much hope that we will see policing devolved to Wales before then. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 10

Annual Report by Chief Inspector of Constabulary

“In Part 2 of the Police Act 1996, omit section (4A) and insert—

“(4A) A report under subsection (4) must include the chief inspector’s assessment of—

(a) The efficiency and effectiveness of policing, and

(b) The crime and non-crime demand on police in England and Wales for the year in respect of which the report is prepared.”.”—(Jack Dromey.)

This new clause would add a duty for HMIC to assess demand on police on a yearly basis in addition to the efficiency and effectiveness of policing.

Brought up, and read the First time.

Jack Dromey

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The hon. Lady made a compelling case. I have three points. First, there is the nature of the growing threat and, I hate to say it, the terrible things that people do in the privacy of their homes, including, for example, hate crime and abuse on social media, which are absolutely unacceptable.

Secondly, the hon. Lady is right when she says that there is a real problem of capacity in the police force. Stephen Kavanagh is an impressive chief constable. Some of us struggle with digital literacy, but the figure to which he referred of fewer than one in 10 people being digitally literate is chilling given the scale and rapid rise of digital crime and cybercrime.

Thirdly and finally, the hon. Lady makes a good point about strategy in the police service. For example, with the national fraud strategy, the police have been moving down the path of a national product but local delivery. Local delivery means the work that the police do in terms of prevention and their being more digitally literate in future. Indeed, Gavin Thomas, the new chairman of the Police Superintendents Association, recently said that many more younger police officers who understand the technology need to be recruited. The hon. Lady has put her finger on a very important set of issues relating to a rapidly growing area of crime, the sheer scale of which the police are struggling to cope with.

Liz Saville Roberts

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Not bad.

James Berry

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Does my hon. Friend agree that a lot of this online crime—online fraud—is not local crime but happens in boiler rooms that sell, or mis-sell, things across the whole of the UK, and that there needs to be a collective national approach to it? A lot of this work is done by Action Fraud, which is based in the City of London police, so that the people committing these crimes that affect people across the UK are investigated in a single place here in London.

Mr Kevan Jones (North Durham)

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I do not disagree with what the hon. Member for Kingston and Surbiton was saying. These things are best looked at nationally—some of the conspiracies are clearly international as well—but does the Minister also agree that one of the problems with Action Fraud is that many people who have contacted it feel let down because of a lack of feedback about what happens in their individual case, or how their individual case may well be helping a bigger fraud?

Mims Davies (Eastleigh) (Con)

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Does the Minister agree that online and offline behaviour is partly an educational issue? If my 12-year-old was at the shops for four or five hours, doing what they wanted, unmonitored and unchecked, I would certainly ask who they were talking to, what they were doing and what was going on. There are parents who allow this behaviour, probably not seeing the dangers out there in respect of who children are talking to and what they are getting up to for a significant amount of time.

Liz Saville Roberts

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As I stated earlier, this is a probing new clause. The very purpose of tabling it was to hear the response. I am very pleased to hear that the view on cybercrime is that “crime is crime”. The Minister very effectively described it as “digital paint” being thrown at her constituents.

I believe, in line with those who advise us, such as Stephen Kavanagh, that there is room to look at this matter in a slightly different way. Training is a significant consideration. It has been brought to my attention that, although there are some powerful, centralised initiatives, the front-line work of all police personnel is significant, because there have been cases like the one that I mentioned, in which somebody in a call centre, taking the first contact call, did not interpret the harassment as something that should be taken as a crime. We should be very alert to the means by which we can strengthen the response.

Liz Saville Roberts

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I had sat down, but I will stand up again. I agree entirely. What is very interesting is how we define, as a society, the behaviour that parents should be addressing in their children and how children should be taught to behave online. What behaviour is socially unacceptable, what is the behaviour in which the police should be involved, and what behaviour really is a threat to safety?

Liz Saville Roberts

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I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 19

Modern technology: specialist digital unit (child abuse)

“(1) The chief officer of each police force in England and Wales must ensure that within their force there is a unit that specialises in analysing and investigating allegations of online offences against children and young people.

(2) The chief officer must ensure that such a unit has access to sufficient digital forensic science resource to enable it to perform this function effectively and efficiently.”—(Liz Saville Roberts.)

Brought up, and read the First time.

Lyn Brown

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I support new clauses 19 and 20. New clause 19 would ensure that there was a unit specialising in analysing and investigating allegations of online offences against children within each police force, and new clause 20 would ensure that there was a unit responsible for working with local agencies to co-ordinate early identification of children at risk of sexual abuse. This is important preventive work.

A report by the Children’s Commissioner in November last year showed that only one in eight children who are sexually abused are identified by professionals. I really do not think that that is good enough. Early identification is incredibly important. The National Police Chiefs Council lead for child protection and abuse investigation, Chief Constable Simon Bailey, has said that

“by the time a child reports sexual abuse the damage has been done and we must do more to stop the abuse occurring in the first place.”

I could not agree more.

We need to do better on early identification, and the specialist units provided for in new clause 20 would help towards that end. The provision for a specialist unit within each police force would mean that both the police and the Crown Prosecution Service had a specialist or specialists working exclusively on child sexual exploitation, just as now happens with domestic violence. Many police forces already have specialist units dealing with child sexual exploitation and that is to be welcomed, but it would be good to see this replicated across the country if possible. Making the provision of specialist units statutory will help to give vulnerable children in all areas of the country a much greater chance of having their abuse recognised before it is too late.

The last decade has seen a huge increase in the number of children with access to the internet, particularly using smartphones and tablets. Current data shows that 65% of 12 to 15-year-olds, and 20% of eight to 11-year-olds own their own smartphone. In 2004, Barnardo’s identified 83 children as victims of some kind of online abuse, but today that number is in the thousands. Clearly, the way in which perpetrators of child sexual abuse contact and groom vulnerable children is changing, and those of us who wish to prevent these awful life-damaging crimes must change the way that we work too.

Barnardo’s 2015 report states that

“young people at risk of harm online may not have any previous vulnerabilities that are often associated with being victims of sexual abuse and exploitation”.

As a result, these victims are less likely to be known to the authorities and the police may only identify cases of exploitation when it is really rather too late. Encouragingly, in July 2014, initial outcomes of Operation Notarise showed that 660 people suspected of sharing illegal images of children had been arrested and around 500 children had been safeguarded. I welcome the good work that the police and charities like Barnardo’s are doing to combat online child sexual exploitation, but this is not the time to be complacent. I am very interested in hearing the Minister’s response to the suggestions in these new clauses.

Lyn Brown

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May I probe the Minister a little on the idea that we do not need specialist units? We now have specialist units within our police forces for domestic violence, which are provided for across the country. They seem to me to have had a massive impact on the safety of women in our communities; they have raised the issue locally and have meant that we are tackling domestic violence so much better than we were. Since those units have had such an impact on domestic violence, may I ask her gently to go away and think about them a bit more, rather than rejecting them out of hand, because they may be the answer to child exploitation and child abuse within our localities.

Liz Saville Roberts

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I reiterate the point that the hon. Member for West Ham made: there is a risk, when making something everybody’s responsibility—particularly children and safeguarding—that it becomes nobody’s responsibility. It was felt that the particular focus required for the police to deal with domestic abuse would not have come about without units present in every police force; that prompts similar questions for child sexual exploitation, which is very much in the same area.

I do not intend to press the matter to a Division, but I hope we will be able to discuss it further. We are all aware of incidents such as those in Rotherham—we can all list them—and the ongoing cases within Operation Pallial; we know that we have not solved the problem, in any shape or form.

Liz Saville Roberts

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I thank the Minister for her comments, which I appreciate, but none the less it strikes me that in my own area North Wales police, evidently as a result of the Waterhouse inquiry and Operation Pallial, which is, of course, ongoing, felt it needed a child sexual exploitation unit. We know that child sexual abuse is not restricted to certain areas of the country. Yes, many cases—the majority of cases, possibly—are intra-familial and we have talked about peer-on-peer, but if it was felt to be significant and necessary in north Wales, and wherever the other units are, I feel strongly that it is necessary throughout all police forces. I ask the Minister to consider this again on Report. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 21

“Offence of abduction of a vulnerable child aged 16 or 17

‘(1) A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he—

(a) takes a child to whom this section applies away from the responsible person; or

(b) keeps such a child away from the responsible person; or

(c) induces, assists or incites such a child to run away or stay away from the responsible person or from a child’s place of residence;

(2) This section applies in relation to a child who is—

(a) a child in need as defined in Section 17 of the Children Act 1989;

(b) a child looked after under Section 20 of the Children Act 1989;

(c) a child housed alone under part 7 of the Housing Act 1996;

(d) a child who is suffering or is likely to suffer significant harm subject to Section 47 1(b) of the Children Act 1989.

(3) In this section “The responsible person” is—

(a) a person with a parental responsibility as defined in the Children Act 1989; or

(b) a person who for the time being has care of a vulnerable child aged 16 and 17 by virtue of the care order, the emergency protection order, or section 46, as the case may be; or

(c) any other person as defined in regulations for the purposes of this section.

(4) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both such imprisonment and fine; or

(b) on conviction on indictment, to imprisonment for a term not exceeding seven years.

(5) No prosecution for an offence above shall be instituted except by or with the consent of the Director of Public Prosecutions.”—(Liz Saville Roberts.)

Brought up, and read the First time.

Lyn Brown

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I appreciate that the Minister is doing her best here and I appreciate having the opportunity to talk about this issue, but my colleague on the team—my hon. Friend the Member for Rotherham (Sarah Champion)—who is not here today is probably the better person to talk to about it. However, I just say to the Minister that the children who have been in and out of care are so vulnerable. They are desperate for love, affection and to be able to put down roots. They are so vulnerable. We really should be able to find a way through the difficulties with the law with regard to 16 and 17-year-olds to provide protection for this small number of very vulnerable young people.

Liz Saville Roberts

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I thank the Minister for her full response and I appreciate that she is endeavouring to address this issue. I am particularly concerned that, as we are very much aware, vulnerable 16 and 17-year-olds can be targeted and are more open to abuse because they have reached an age at which some people perceive that it is legal to act so. The 1984 Act gives some precedent for us to look at those groups of people. If three categories of young people are already defined in that Act, are there other categories that we could look at pushing ahead with? However, I appreciate what the Minister said about being cautious about taking a blanket approach and I would very much like to take her up on her offer to meet her and the hon. Member for Rotherham. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 44

Controlling and coercive behaviour in non intimate or family relationships in relation to a child aged 16 and 17

‘(1) Section 76 of the Serious Crime Act is amended as follows.

(2) After Section 76, insert—

“76a Controlling and coercive behaviour in non intimate or family relationships in relation to a child aged 16 and 17

(1) A person (A) commits an offence if—

(a) A repeatedly or continuously engages in behaviour towards a child (B) aged 16 or 17 that is controlling or coercive,

(b) at the time of the behaviour A and B are not in an intimate or family relationship which each other,

(c) the behaviour has a serious effect on B, and

(d) A knows or ought to know that the behaviour will have a serious effect on B.

(2) A’s behaviour has a ‘serious effect’ on B if—

(a) it causes B to fear, on at least two occasions, that violence will be used against B, or

(b) it causes B serious alarm or distress which has a substantial adverse effect on B’s usual day-to-day activities, or

(c) it inhibits B’s ability to withhold consent to activities proposed by A through A supplying B with drugs or alcohol.

(3) In this section the ‘non intimate or family relationships’ are relationship other than those defined in Section 76.

(4) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine, or both.”’—(Carolyn Harris.)

This new clause would make controlling and coercive behaviour towards a 16 or 17 year old a criminal offence.

Brought up, and read the First time.

Carolyn Harris

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We believe that there is still a gap in the existing harassment legislation that is not covered, as was recently proven in Rotherham. I thank the hon. Lady for her comments and I am delighted that she has offered further conversation on this important matter. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 45

Prevention of child sexual exploitation and private hire vehicles

“(1) The Local Government (Miscellaneous Provisions) Act 1976 is amended as follows—

(a) after section 47(1) insert—

“(1A) A district council must carry out its functions under this section with a view to preventing child sexual exploitation”.

(b) at end of section 48 (1) insert—

“(c) a district council must carry out its functions under this section with a view to preventing child sexual exploitation”.

(2) Section 7 of the London Cab Order 1934 is amended as follows—

(a) after Section 7(2) insert—

“(2A) Transport for London must carry out its functions under this section with a view to preventing child sexual exploitation”.

(3) Section 7 of the Private Hire Vehicles (London) Act 1998 is amended as follows—

(a) after Section 7(2) insert—

“(3) The licensing authority must carry out its functions under this section with a view to preventing child sexual exploitation”.—(Carolyn Harris.)

This new clause would place local authorities under a duty to consider how they can prevent child sexual exploitation when they issue licences for taxis and private hire vehicles.

Brought up, and read the First time.

Lyn Brown

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As my hon. Friend the Member for Swansea East said, the new clause would place local authorities under a duty to consider child protection when they issue licences for drivers of taxis and private hire vehicles. We support it because we think it could lead to important safeguarding measures.

Taxi drivers do a fantastic job up and down the country. I could not happily live my life without them. More than 242,000 licensed vehicles in England provide transport for millions of people every day. Outside of rural areas, interestingly, there is a high satisfaction level—about 68%—with taxi and private hire services. The review of child exploitation in Oxford made it clear that taxi drivers can and do play a very positive role in tackling grooming and child exploitation. The report noted that taxi drivers had driven young girls to the police station when they were worried that the girls were being sexually exploited, and that they were well regarded across the city because of the role that they had played.

However, we have to recognise that in some of the grooming rings exposed in recent years taxi drivers have not played such a positive role. Taxi drivers have been reported as abusing their position of power when they collect young people. The independent inquiry into child sexual exploitation in Rotherham found:

“One of the common threads running through child sexual exploitation across England has been the prominent role of taxi drivers in being directly linked to children who were abused”.

This is, quite clearly, a problem that needs to be tackled. I believe that my hon. Friend’s amendment could pave the way for important safeguarding measures that, frankly, should already be in place. For example, a number of local authorities up and down the country have imposed “conditions of fitness” tests on taxi drivers. These can involve criminal record checks and even live reporting to licensing authorities if a taxi driver commits a criminal offence after they have been granted a licence. Realistically, I do not believe that a licensing authority could carry out its duty to promote the prevention of harm to children, which is what the new clause provides for, without conducting checks on all drivers.

The Department for Transport provides guidelines on how local authorities should assess the criminal records of those who wish to have a licence to drive a private hire vehicle. The guidelines state that authorities

“should take a particularly cautious view of any offences involving violence, and especially sexual attack.”

Those are proportionate and appropriate words. However, because local authorities have discretion to interpret what is meant by a “fit and proper” person to drive a private hire vehicle, not all private hire vehicle drivers outside London are even subject to a criminal record check. We should consider reversing that; I believe that this proposed statutory duty to protect would have precisely that effect.

Other good practice can be considered. In Oxford, taxi drivers have been trained how to respond if they believe that their customers are victims of sexual exploitation. The independent review suggests there is evidence that that training is working. With a statutory duty in place to promote the prevention of child sexual exploitation, we could see such practices replicated across the country. Will the Minister say what measures the Government have put in place to ensure that best practice, like that in Oxford, can be shared across the country?

Carolyn Harris

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I am happy to withdraw it. In the words of my hon. Friend the Member for West Ham, “You’ve made my day”. Thank you very much.

Lyn Brown

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New clauses 46 and 47 act on a recommendation made in a joint report by NHS England and the Department of Health in 2013 called “Future in mind”, which argued that we need to ensure that those who have been sexually abused and/or exploited receive a comprehensive assessment and referral to the services that they need, including specialist mental health services.

In 2014, the NSPCC produced a summary of the academic literature on the relationship between childhood sexual abuse and victims’ later mental health. In each instance, the NSPCC offered a conservative estimate of the known impact of one on the other. Despite that effort not to sensationalise, the numbers are truly shocking. Children who are victims of sexual abuse are twice as likely to suffer from depression as those who are not victims. They are three times as likely to attempt suicide, to self-harm or to suffer from post-traumatic stress disorder at some point in their lifetime and twice as likely to become dependent on alcohol, meaning that their physical health as well as their mental health is endangered.

All the evidence shows that the trauma and emotional confusion that follows childhood sexual abuse leaves victims more likely to suffer from poor mental health. We should, as a matter of course, do all we can to prevent that from happening, or at least to ensure that those mental health issues are made easier for victims to manage. That involves high-quality and appropriate mental health treatment and professional emotional counselling. There is evidence, for example, that abuse-specific therapeutic interventions relieve depressive symptoms among victims.

New clause 46 would require police or local authorities to make a referral whenever they receive a disclosure that a child has been the victim of sexual or other abuse. They would have to make a referral even if they do not believe there is enough evidence or grounds to take further legal action. That is important, because the burden of proof necessary for law enforcement to use its full array of powers is obviously higher than the level of suspicion needed for our full safeguarding and health measures to be utilised.

The NSPCC has found that delays between children suffering from traumatic events and receiving treatment lead to exacerbated mental health issues and we know that victims of sexual abuse have often had difficulty in being believed by the professionals charged with their care and protection. Duties to refer are not new to our legal system when dealing with safeguarding measures. For example, some employers must refer an individual to disclosure and barring services whenever an allegation of a sexual or abusive nature is made. The provisions in the new clause would not charge local authorities or the police to carry out the task of diagnosis, which they are not trained to do. It would be a precautionary measure that applied to all those about whom they receive a disclosure, not just those they believe to be suffering from a mental or emotional health issue. It is a sensible proposal, in keeping with established safeguarding practice and the assignment of appropriate professional duties.

The proposals are also well thought out. New clause 47 would put a duty on the police to share information with the relevant mental health service commissioner in their area. I believe that that new clause would work with new clause 46 to create a culture of collaboration between law enforcement, health agencies and local government, which is needed if the victims of child sexual exploitation are to be given the care and support that they need.

Mr Kevan Jones

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I take the Minister’s point. We cannot force anyone to have treatment, but the offer of some support for individuals would make a real difference.

Lyn Brown

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These new clauses have all been tabled to help local authorities to carry out their alcohol licensing function.

New clause 51 would enable a licensing authority to suspend a premises licence where a business had wilfully or persistently failed to pay the business rates due. It has been tabled with the support of the Local Government Association. New clause 52 would allow local authorities to reject a licensing application if they felt there were already enough licensed premises in a particular area. New clause 53 would make promoting public health a statutory objective for licensing authorities.

New clause 51 has been tabled because, as the law stands, local authorities must issue licences to businesses even when they may owe debts running into tens of thousands of pounds. I am told by the LGA that that has become a problem in some localities, such as West Sussex, where local authorities are struggling to collect the business rates to which they are entitled. The new clause would end the problem by allowing local authorities to suspend the licence of an establishment that has persistently failed to pay its business rates. The hope is that the power would rarely be used, as premises would change their behaviour as they would no longer have reason to see their local authority as a soft creditor.

The new clause is by no means an attack on drinking establishments. We recognise the role that they play in our communities as social hubs that are an important part of our cultural heritage. The Opposition want to ensure that we keep as many of our well-run drinking establishments open as possible. We understand that the proposal could be seen as a threat to that, which is why it contains a power for a local authority to revoke a licence that would apply only if it was able to demonstrate first that earlier efforts to secure payment of the debt had been made but failed. That safeguard is included to ensure that the power is used only as a last resort.

Furthermore, the power to revoke a licence would not apply if the business failed to make the payment because of an administrative error on the part of the holder, the authority or anybody else—for example, the business’s bank. Taken together, those safeguards would ensure that the power to revoke licences was used only as a very last resort and would protect well-run local pubs from accidentally having their licence removed because of an administrative error.

The Local Government Association predicts that the safeguards, alongside the Government’s extension of small business rate relief, would mean that we would not see important community pubs closing as a result of the new power. However, the power would enable local authorities to ensure that they do not lose out on important revenue to which they are entitled and on which many of our basic services rely.

New clause 52 would allow local authorities to reject a licensing application if they felt they were saturated with licensed premises in a particular area. The Licensing Act 2003 allows local authorities to reject licensing applications only in a limited and defined set of situations: either where the premises has not demonstrated that it will meet statutory licensing objectives, or where door or cover supervision is not provided for.

Home Office guidance suggests that a local authority can refuse a licence based on

“the potential impact on the promotion of the licensing objectives of a significant number of licensed premises concentrated in one area.”

However, a local authority can do so only if it demonstrates in its licensing statement that the number of licensed premises in its area has already had a negative cumulative impact on its licensing objectives. That is called a cumulative impact policy and means that local authorities have to wait until they can demonstrate a negative impact on the prevention of crime and disorder, public safety, the prevention of public nuisance or the protection of children from harm. That leaves local authorities powerless to act until after the fact, and I just do not think that that is right. I believe that the licensing objectives are incredibly important and I want to give local authorities the power to be proactive to ensure that they are upheld.

For instance, a small town with two large nightclubs could not reject an application for a licence from a third nightclub even if the local authority believed that it would not be appropriate for the town to have yet another nightclub. It is of course important to consider the individual characteristics of the premises concerned, but it is also important to consider the individual characteristics of our towns and cities, which many residents want to see conserved. In effect, local authorities have no power to control the number of licensed premises in any given locality until they can demonstrate that it is having an adverse impact on one of their licensing objectives, by which point it would be rather late.

New clause 52 would allow a local authority to reject a licensing application based on the belief that an area is already saturated with drinking establishments. It would give local authorities a sure footing and a legal foundation to allow them to be proactive in ensuring that their licensing objectives are met, and more power over how their towns and cities look and operate.

New clause 53 would make promoting public health a statutory objective for licensing authorities. I do recognise—honest—the important place that pubs, clubs, bars and restaurants play in our society. Drinking is a social activity, and drinking establishments are essentially social places where people go for conversation, relaxation and pleasure. I understand that in our busy and stressful lives, the socially integrative, egalitarian environments in our favourite locals can be the perfect way to switch off and unwind. For me, a decent beer, a good meal, an engaging book and the company of my four-legged friend is a great joy and a perfect way to spend a weekend afternoon or an evening. I also acknowledge that that can provide significant public health benefits—it certainly does for me—but we must not lose sight of the significant impact that drinking can have on public health.

It is well known that there is a causal relationship between alcohol consumption and a range of health problems, including alcohol dependency, liver diseases, some cancers and cardiovascular diseases. Furthermore, it can lead to unsafe behaviour and thus the spread of sexually transmitted diseases. The World Health Organisation estimates that 5.1% of the global disease burden is due to harmful use of alcohol. New clauses 52 and 53 would enable local authorities to reject licensing applications on the basis that the number of premises in an area was having a negative impact on public health. We cannot ask local authorities to be responsible for public health and then not give them the powers that they say they need to have an impact upon it.

I understand that implementing public health as a licensing objective in Scotland has proved to be somewhat difficult; however, that should not deter us from at least considering it. Alcohol clearly has a major impact on public health, so local authorities should be enabled to consider that impact when undertaking their licensing function. I believe that we have to find a way of successfully implementing what was attempted in Scotland. Local practitioners certainly think so; a recent Local Government Association survey of directors of public health found that nine out of 10 were in favour of adding a public health objective to the Licensing Act 2003, saying that it would help them do their jobs more effectively. Our amendment has the support of the Local Government Association.

Lyn Brown

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I have an awful lot of sympathy with what the hon. Lady says, especially about this not being the right legislative vehicle. It was an opportunity for us to test the waters.

We did not envisage this new clause being about the health risk of a particular pub, premises or bar, but about the amount in a particular area, or possibly the type of risks in a particular area. Effectively, the new clause would allow local authorities to take that into consideration when making decisions on licences.

Mr Kevan Jones

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It is my understanding that if a local authority draws up a local policy, it can use cumulative impact to refuse further licences in an area.

Mr Kevan Jones

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I am a bit of an anorak on the Licensing Act 2003 from when we were in power. The Minister makes an important point about putting cumulative impact on a statutory footing. One thing that confuses the public is that while the ability to reduce licences or take action is there—the onus is on the local authority—in many cases they do not use the powers they have got.

Lyn Brown

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The Minister has obviously delighted me. I therefore beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Schedule 1

Disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary

“1 The Ministry of Defence Police Act 1987 is amended as follows.

2 (1) Section 3A (regulations relating to disciplinary matters) is amended as follows.

(2) After subsection (1A) insert—

“(1B) Regulations under this section may provide for the procedures that are established by or under regulations made by virtue of subsection (1A) to apply (with or without modifications) in respect of the conduct, efficiency or effectiveness of any person where—

(a) an allegation relating to the conduct, efficiency or effectiveness of the person comes to the attention of the chief constable of the Ministry of Defence Police, the Ministry of Defence Police Committee, the Independent Police Complaints Commission, the Police Investigations and Review Commissioner or the Police Ombudsman for Northern Ireland,

(b) at the time of the alleged misconduct, inefficiency or ineffectiveness the person was a member of the Ministry of Defence Police, and

(c) either—

(i) the person ceases to be a member of the Ministry of Defence Police after the allegation first comes to the attention of a person mentioned in paragraph (a), or

(ii) the person had ceased to be a member of the Ministry of Defence Police before the allegation first came to the attention of a person mentioned in paragraph (a) but the period between the person having ceased to be a member of the Ministry of Defence Police and the allegation first coming to the attention of a person mentioned in paragraph (a) does not exceed the period specified in the regulations.

(1C) Regulations made by virtue of subsection (1B) must provide that disciplinary proceedings which are not the first disciplinary proceedings to be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness may be taken only if they are commenced within the period specified in the regulations, which must begin with the date when the person ceased to be a member of the Ministry of Defence Police.”

(3) In subsection (2), for “The regulations” substitute “Regulations under this section”.

3 In section 4 (representation etc at disciplinary proceedings), in subsection (4)—

(a) in the definition of “the officer concerned”, after “member” insert “or, as the case may be, the former member”;

(b) in the definition of “relevant authority”—

(i) after paragraph (a) insert—

(ii) after paragraph (b) insert—

4 In section 4A (appeals against dismissal etc), in subsection (1)(a), after “member” insert “, or former member,”.

5 Regulations made in pursuance of section 3A(1B) of the Ministry of Defence Police Act 1987 (as inserted by paragraph 2)—

(a) may not make provision in relation to a person who ceases to be a member of the Ministry of Defence Police before the coming into force of paragraph 2 of this Schedule;

(b) may make provision in relation to a person who ceases to be a member of the Ministry of Defence Police after the coming into force of paragraph 2 of this Schedule even though the alleged misconduct, inefficiency or ineffectiveness occurred at a time before the coming into force of that paragraph, but only if the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, there could be a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been a member of the Ministry of Defence Police.

Railways and Transport Safety Act 2003 (c. 20)

6 The Railways and Transport Safety Act 2003 is amended as follows.

7 In section 36 (police regulations: general), after subsection (1) insert—

“(1A) To the extent that subsection (1) concerns regulations made in pursuance of section 50(3A) of the Police Act 1996, or matters that could be dealt with by such regulations, the reference in subsection (1) to constables or other persons employed in the service of the Police Force includes former constables and other persons formerly employed in the service of the Police Force.”

8 In section 37 (police regulations: special constables), after subsection (1) insert—

“(1ZA) To the extent that subsection (1) concerns regulations made in pursuance of section 51(2B) of the Police Act 1996, or matters that could be dealt with by such regulations, the reference in subsection (1) to special constables of the Police Force includes former special constables of the Police Force.”

9 In section 42 (police regulations by Secretary of State), in subsection (3)—

(a) after “50(3)” insert “or (3A)”;

(b) after “51(2A)” insert “or (2B)”.

10 Regulations made under section 36, 37 or 42 of the Railways and Transport Safety Act 2003 that make provision that applies regulations made in pursuance of section 50(3A) or 51(2B) of the Police Act 1996, or that deals with matters that could be dealt with by such regulations, in relation to former constables, and former special constables, of the British Transport Police Force and other persons formerly employed in the service of the British Transport Police Force—

(a) may not make provision that would not be permitted in relation to former members of a police force and former special constables by section 22(7)(a);

(b) may make provision that would be permitted in relation to former members of a police force and former special constables by section 22(7)(b).

Energy Act 2004 (c. 20)

11 The Energy Act 2004 is amended as follows.

12 In section 58 (government, administration and conditions of service of Civil Nuclear Constabulary), in subsection (1)(a), after “members” insert “or former members”.

13 (1) In Schedule 13 (directions by Secretary of State about Civil Nuclear Constabulary), paragraph 3 (government, administration and conditions of service) is amended as follows.

(2) After sub-paragraph (2) insert—

“(2A) To the extent that sub-paragraph (2) concerns provision that may be made in pursuance of section 50(3A) of the Police Act 1996, the reference in sub-paragraph (1) to members of the Constabulary includes former members.”

14 Provision made by the Civil Nuclear Police Authority that relates to former members of the Civil Nuclear Constabulary and matters which are the subject of regulations made in pursuance of section 50(3A) of the Police Act 1996—

(a) may not be provision that would not be permitted in relation to former members of a police force and former special constables by section 22(7)(a);

(b) may be provision that would be permitted in relation to former members of a police force and former special constables by 22(7)(b).”—(Mike Penning.)

This new Schedule includes amendments relating to the Ministry of Defence Police, the British Transport Police Force and the Civil Nuclear Constabulary which produce an equivalent effect to the amendments at clause 22 of the Bill.

Brought up, read the First and Second time, and added to the Bill.

New Schedule 2

Office for Police Conduct

Part 1

Amendments to Schedule 2 to the Police Reform Act 2002

Introductory

1 Schedule 2 to the Police Reform Act 2002 is amended in accordance with this Part of this Schedule (see also paragraph 54 below for further minor and consequential amendments).

Director General

2 (1) Paragraph 1 (chairman) is amended as follows.

(2) For sub-paragraph (1) substitute—

(1) The Director General holds office in accordance with the terms of his or her appointment.

(1A) A person who holds office as Director General must not be an employee of the Office (but may have been such an employee before appointment as the Director General).”

(3) In sub-paragraph (2) for “chairman of the Commission” substitute “Director General”.

(4) In sub-paragraph (3)—

(a) for “chairman of the Commission” substitute “Director General”;

(b) for “chairman” substitute “Director General”.

(5) In sub-paragraph (4)—

(a) for “chairman of the Commission” substitute “Director General”;

(b) for “chairman” substitute “Director General”.

(6) In sub-paragraph (5) for “chairman” substitute “Director General”.

Appointment etc of members

3 After paragraph 1 insert—

“Appointment of members

1A (1) The non-executive members of the Office are to be appointed by the Secretary of State.

(2) A person who is a non-executive member must not be an employee of the Office (but may have been such an employee before appointment as a non-executive member).

1B (1) The employee members of the Office are to be appointed from the staff of the Office by the non-executive members.

(2) If the non-executive members propose to appoint an employee member, the Director General must recommend a person to the non-executive members for appointment.

(3) The Director General may also recommend a person to the non-executive members for appointment as an employee member without any proposal having been made under sub-paragraph (2).

(4) On a recommendation of a person for appointment under sub-paragraph (2) or (3), the non-executive members may—

(a) appoint the person, or

(b) reject the recommendation.

(5) If the non-executive members reject a recommendation they may require the Director General to recommend another person for appointment (in which case this sub-paragraph applies again and so on until somebody is appointed).”

4 (1) Paragraph 2 (ordinary members of the Commission) is amended as follows.

(2) In sub-paragraph (1) for “an ordinary” substitute “a non-executive”.

(3) Omit sub-paragraph (2).

(4) In sub-paragraph (3) for “an ordinary” substitute “a non-executive”.

(5) In sub-paragraph (4)—

(a) for “an ordinary”, in both places, substitute “a non-executive”;

(b) for “five” substitute “three”.

(6) In sub-paragraph (5) for—

(a) for “An ordinary” substitute “A non-executive”;

(b) for “his office as a member of the Commission” substitute “from being a non-executive member of the Office”.

(7) In sub-paragraph (6)—

(a) for “an ordinary” substitute “a non-executive”;

(b) omit paragraph (b).

(8) Omit sub-paragraph (8).

5 After paragraph 2 insert—

“Terms of appointment etc: employee members

2A (1) A person holds office as an employee member in accordance with the terms of his or her appointment (subject to the provisions of this Schedule).

(2) Those terms may not include arrangements in relation to remuneration.

(3) An appointment as an employee member may be full-time or part-time.

(4) The appointment of an employee member terminates—

(a) if the terms of the member’s appointment provides for it to expire at the end of a period, at the end of that period, and

(b) in any event, when the member ceases to be an employee of the Office.

(5) An employee member may resign by giving written notice to the non-executive members.

(6) The non-executive members may terminate the appointment of an employee member by giving the member written notice if they are satisfied that any of the grounds mentioned in paragraph 2(6)(a) to (g) apply in relation to the employee member.”

6 Omit paragraph 3 (deputy chairmen) (including the italic heading before that paragraph).

7 Omit paragraph 5 (chief executive) (including the italic heading before that paragraph).

Vacancy or incapacity in office of Director General

8 After paragraph 3 insert—

“Director General: vacancy or incapacity

3A (1) This paragraph applies if—

(a) the office of Director General is vacant, or

(b) it appears to the Office that the ability of the Director General to carry out the Director General’s functions is seriously impaired because of ill health (whether mental or physical).

(2) The Office may, with the agreement of the Secretary of State, authorise an employee of the Office to carry out the functions of the Director General during the vacancy or period of ill health.

(3) A person who falls within section 9(3) may not be authorised under this paragraph to carry out the functions of the Director General.

(4) A person who has been sentenced to a term of imprisonment of three months or more may not, at any time in the five years following the day of sentence, be authorised under this paragraph to carry out the functions of the Director General.

(5) Paragraph 1(6) applies for the purposes of sub-paragraph (4).

(6) Authorisation of a person under this paragraph ceases to have effect—

(a) at the end of the vacancy or period of ill health,

(b) on the Office revoking the authorisation for any reason, or

(c) on the Secretary of State withdrawing agreement to the authorisation for any reason.”

Remuneration arrangements

9 (1) Paragraph 4 (remuneration, pensions etc of members) is amended as follows.

(2) In sub-paragraph (1), for the words from “the chairman” to the end substitute “the Director General as the Secretary of State may determine”.

(3) In sub-paragraph (2)—

(a) in paragraph (a), for “chairman, deputy chairman or member of the Commission” substitute “Director General”;

(b) in the words after paragraph (b) for “Commission” substitute “Office”.

(4) After sub-paragraph (2) insert—

(3) The Secretary of State may make remuneration arrangements in relation to non-executive members of the Office.

(4) Remuneration arrangements under sub-paragraph (3)—

(a) may make provision for a salary, allowances and other benefits but not for a pension, and

(b) may include a formula or other mechanism for adjusting one or more of those elements from time to time.

(5) Amounts payable by virtue of sub-paragraph (4) are to be paid by the Office.”

Staff

10 (1) Paragraph 6 (staff) is amended as follows.

(2) For sub-paragraph (1) substitute—

(1) The Office may appoint staff.”

(3) In sub-paragraph (2) for “Commission”, in both places, substitute “Office”.

(4) In sub-paragraph (3)—

(a) for “Commission” substitute “Office”;

(b) after “staffing” insert “(including arrangements in relation to terms and conditions and management of staff)”;

(c) for “it” substitute “the Director General”.

(5) In sub-paragraph (4)—

(a) for “Commission”, in the first place, substitute “Office”;

(b) for “Commission”, in the second place, substitute “Director General”.

(6) After sub-paragraph (4) insert—

(4A) The powers under this paragraph are exercisable only by the Director General acting on behalf of the Office (subject to the power under paragraph 6A(1)).”

(7) In sub-paragraph (5) for “by the Commission of its” substitute “of the”.

Delegation of functions

11 After paragraph 6 of Schedule 2 insert—

“Delegation of functions

6A (1) The Director General may authorise a person within sub-paragraph (2) to exercise on the Director General’s behalf a function of the Director General.

(2) The persons within this sub-paragraph are—

(a) employee members of the Office;

(b) employees of the Office appointed under paragraph 6;

(c) seconded constables within the meaning of paragraph 8.

(3) The reference in sub-paragraph (1) to a function of the Director General is to any function that the Director General has under this Act or any other enactment.

(4) A person (“A”) who is authorised under sub-paragraph (1) to exercise a function may authorise another person within sub-paragraph (2) to exercise that function (but only so far as permitted to do so by the authorisation given to A).

(5) An authorisation under this paragraph may provide for a function to which it relates to be exercisable—

(a) either to its full extent or to the extent specified in the authorisation;

(b) either generally or in cases, circumstances or areas so specified;

(c) either unconditionally or subject to conditions so specified.

(6) Provision under sub-paragraph (5) may (in particular) include provision for restricted persons not to exercise designated functions.

(7) For the purposes of sub-paragraph (6)—

(a) “designated functions” are any functions of the Director General that are designated by the Director General for the purposes of this paragraph (and such functions may in particular be designated by reference to the position or seniority of members of staff);

(b) “restricted persons” are, subject to any determination made under sub-paragraph (8), persons who fall within section 9(3).

(8) The Director General may, in such circumstances as the Director General considers appropriate, determine that persons are not to be treated as restricted persons so far as relating to the exercise of designated functions (whether generally or in respect of particular functions specified in the determination).

(9) The Director General must publish a statement of policy about how the Director General proposes to exercise the powers conferred by sub-paragraphs (7)(a) and (8).

(10) The statement must in particular draw attention to any restrictions on the carrying out of functions imposed by virtue of their designation under sub-paragraph (7)(a) and explain the reasons for imposing them.

(11) The exercise of the powers conferred by sub-paragraphs (7)(a) and (8) is subject to any regulations under section 23(1) of the kind mentioned in section 23(2)(g) (regulations limiting persons who may be appointed to carry out investigations etc).

(12) An authorisation under this paragraph does not prevent the Director General from exercising the function to which the authorisation relates.

(13) Anything done or omitted to be done by or in relation to a person authorised under this paragraph in, or in connection with, the exercise or purported exercise of the function to which the authorisation relates is to be treated for all purposes as done or omitted to be done by or in relation to the Director General.

(14) Sub-paragraph (13) does not apply for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person.”

Protection from personal liability

12 After paragraph 7 insert—

“Liability for acts of the Director General

7A (1) A person holding office as the Director General has no personal liability for an act or omission done by the person in the exercise of the Director General’s functions unless it is shown to have been done otherwise than in good faith.

(2) The Office is liable in respect of unlawful conduct of the Director General in the carrying out, or purported carrying out, of the Director General’s functions in the same way as an employer is liable in respect of any unlawful conduct of employees in the course of their employment.

(3) Accordingly, the Office is to be treated, in the case of any such unlawful conduct which is a tort, as a joint tortfeasor.”

Regional offices

13 For paragraph 9 (power of Commission to set up regional offices) substitute—

9 (1) The Office may set up regional offices in places in England and Wales.

(2) But the power under sub-paragraph (1) is exercisable only by the Director General acting on behalf of the Office (subject to the power in paragraph 6A(1)).

(3) The power under sub-paragraph (1) may be exercised—

(a) only with the consent of the Secretary of State, and

(b) only if it appears to the Director General necessary to do so for the purpose of ensuring that the functions of the Director General, or those of the Office, are carried out efficiently and effectively.”

Proceedings

14 In paragraph 10 (proceedings), after sub-paragraph (1) insert—

(1A) But the arrangements must include provision for—

(a) the quorum for meetings to be met only if a majority of members present are non-executive members of the Office, and

(b) an audit committee of the Office to be established to perform such monitoring, reviewing and other functions as are appropriate.

(1B) The arrangements must secure that the audit committee consists only of non-executive members of the Office.”

Part 2

Minor and Consequential Amendments to the Police Reform Act 2002

15 The Police Reform Act 2002 is amended in accordance with this Part of this Schedule.

16 For the italic heading before section 9, substitute “The Office for Police Conduct”.

17 (1) Section 10 (general functions of the Commission) is amended as follows.

(2) In subsection (1)(a) omit “itself”.

(3) In subsection (1)(e) for “its” substitute “the Director General’s”.

(4) In subsection (1)(f) for “it” substitute “the Director General”.

(5) In subsection (3) for “it” substitute “the Director General”.

(6) In subsection (3A) (as inserted by this Act), for “it” substitute “the Director General”.

(7) In subsection (3B) (as inserted by this Act), for “it” substitute “the Director General”.

(8) In subsection (4), in paragraph (a)—

(a) for “it”, in both places, substitute “the Director General”;

(b) for “its” substitute “the Director General’s”.

(9) In subsection (6)—

(a) for “it” substitute “the Director General”;

(b) for “its” substitute “the Director General’s”.

(10) In subsection (7)—

(a) for “it”, in both places, substitute “the Director General”;

(b) for “its”, in both places, substitute “the Director General’s”.

18 (1) Section 11 (reports to the Secretary of State) is amended as follows.

(2) In subsection (1)—

(a) for “its”, in the first place it occurs, substitute “the Office’s”;

(b) for “Commission shall” substitute “Director General and the Office must jointly”;

(c) for “its”, in the second place it occurs, substitute “their”.

(3) For subsection (2) substitute—

(2) The Secretary of State may also require reports to be made (at any time)—

(a) by the Director General about the carrying out of the Director General’s functions,

(b) by the Office about the carrying out of the Office’s functions, or

(c) jointly by the Director General and the Office about the carrying out of their functions.”

(4) After subsection (2) insert—

(2A) The Director General may, from time to time, make such other reports to the Secretary of State as the Director General considers appropriate for drawing the Secretary of State’s attention to matters which—

(a) have come to the Director General’s notice, and

(b) are matters which the Director General considers should be drawn to the attention of the Secretary of State by reason of their gravity or of other exceptional circumstances.”

(5) In subsection (3)—

(a) for “Commission” substitute “Office”;

(b) for “Commission’s” substitute “Office’s”.

(6) After subsection (3) insert—

(3A) The Director General and the Office may jointly make reports under subsections (2A) and (3).”

(7) In subsection (4)—

(a) for “Commission” substitute “Director General”;

(b) for “it”, in both places, substitute “the Director General”;

(c) for “its” substitute “the Director General’s”.

(8) In subsection (6) for “Commission” substitute “Office”.

(9) After subsection (6) insert—

(6A) The Director General must send a copy of every report under subsection (2A) —

(a) to any local policing body that appears to the Director General to be concerned, and

(b) to the chief officer of police of any police force that appears to the Director General to be concerned.”

(10) In subsection (7) for “Commission”, in both places, substitute “Office”.

(11) In subsection (8)—

(a) after “subsection” insert “(2A) or”;

(b) for “Commission” substitute “Director General or the Office (as the case may be)”.

(12) In subsection (9)—

(a) after “subsection” insert “(2A) or”;

(b) for “Commission” substitute “Director General or the Office (as the case may be)”.

(13) In subsection (10) for “Commission” substitute “Director General”.

(14) In subsection (11)—

(a) for “Commission”, in each place, substitute “Director General”;

(b) for “it” substitute “the Director General”;

(c) for “(3)” substitute “(2A)”.

(15) After subsection (11) insert—

(12) The Office must send a copy of every report made or prepared by it under subsection (3) to such of the persons (in addition to those specified in the preceding subsections) who—

(a) are referred to in the report, or

(b) appear to the Office otherwise to have a particular interest in its contents, as the Office thinks fit.

(13) Where a report under subsection (2A) or (3) is prepared jointly by virtue of subsection (3A), a duty under this section to send a copy of the report to any person is met if either the Director General or the Office sends a copy to that person.”

19 In section 12 (complaints, matters and persons to which Part 2 applies), in subsection (6)(a) for “Commission” substitute “Director General”.

20 (1) Section 13B (power of the Commission to require re-investigation) (as inserted by this Act) is amended as follows.

(2) For “Commission”, in each place (including the heading), substitute “Director General”.

(3) In subsection (1)—

(a) for “it”, in both places, substitute “the Director General”;

(b) in paragraph (b), before “under” insert “(or, in the case of an investigation carried out under paragraph 19 of Schedule 3 by the Director General personally, is otherwise completed by the Director General)”.

(4) In subsection (2) for “it” substitute “the Director General”.

(5) In subsection (3) for “it” substitute “the Director General”.

(6) In subsection (9)—

(a) for “it” substitute “the Director General”;

(b) for “its” substitute “the Director General’s”.

(7) In subsection (10)—

(a) for “it” substitute “the Director General”;

(b) for “its” substitute “the Director General’s”.

21 (1) Section 15 (general duties of local policing bodies, chief officers and inspectors) is amended as follows.

(2) In subsection (3), in the words after paragraph (c) after “Director General” insert “of the Agency”.

(3) In subsection (4)—

(a) for “Commission”, in each place, substitute “Director General”;

(b) for “Commission’s” substitute “Office’s”.

22 (1) Section 16 (payment for assistance with investigations) is amended as follows.

(2) For “Commission”, in each place except as mentioned in sub-paragraph (3), substitute “Director General”.

(3) In subsection (4), for “the Commission”, in the second place where it occurs, substitute “Office”.

(4) In subsection (5)(b), after “Director General” insert “of that Agency”.

23 (1) Section 17 (provision of information to the Commission) is amended as follows.

(2) For “Commission”, in each place (including the heading), substitute “Director General”.

(3) In subsection (2)—

(a) for “it” substitute “the Director General”;

(b) for “its” substitute “the Director General’s”.

24 (1) Section 18 (inspections of police premises on behalf of the Commission) is amended as follows.

(2) For “Commission”, in each place (including the heading and provisions inserted by amendments made by this Act), substitute “Director General”.

(3) In subsection (2)(b), for “its” substitute “the Director General’s”.

25 (1) Section 19 (use of investigatory powers by or on behalf of the Commission) is amended as follows.

(2) In the heading, for “Commission” substitute “Director General”.

(3) In subsection (1), for “Commission’s” substitute “Director General’s”.

26 (1) Section 20 (duty to keep complainant informed) is amended as follows.

(2) For “Commission”, in each place (including provisions inserted by amendments made by this Act), substitute “Director General”.

(3) In subsection (1)(b) for “its” substitute “the Director General’s”.

(4) In subsection (3) for “it”, where it occurs after “as”, substitute “the Director General”.

(5) In subsection (8A) (as inserted by this Act)—

(a) for “its” substitute “their”;

(b) after “submitted”, in the first place it occurs, insert “(or finalised)”;

(c) after “submitted”, in the second place it occurs, insert “(or completed)”.

(6) In subsection (9) for “its” substitute “their”.

27 (1) Section 21 (duty to provide information for other persons) is amended as follows.

(2) For “Commission”, in each place (including provisions inserted by amendments made by this Act), substitute “Director General”.

(3) In subsection (6)(b) for “its” substitute “the Director General’s”.

(4) In subsection (8) for “it”, where it occurs after “as”, substitute “the Director General”.

(5) In subsection (11A) (as inserted by this Act)—

(a) for “its” substitute “their”;

(b) after “submitted”, in the first place it occurs, insert “(or finalised)”;

(c) after “submitted”, in the second place it occurs, insert “(or completed)”.

28 In section 21A (restriction on disclosure of sensitive information) (as inserted by this Act), for “Commission”, in each place, substitute “Director General”.

29 In section 21B (provision of sensitive information to the Commission and certain investigators) (as inserted by this Act), for “Commission”, in each place (including the heading), substitute “Director General”.

30 (1) Section 22 (power of the Commission to issue guidance) is amended as follows.

(2) For “Commission”, in each place (including the heading), substitute “Director General”.

(3) In subsection (3)(c) for “it” substitute “the Director General”.

31 (1) Section 23 (regulations) is amended as follows.

(2) For “Commission”, in each place, substitute “Director General”.

(3) In subsection (2)(o) for “it” substitute “the Director General or the Office”.

32 In section 24 (consultation on regulations) for paragraph (a) substitute—

“(a) the Office;

(aa) the Director General;”.

33 In section 26 (forces maintained otherwise than by local policing bodies), for “Commission”, in each place, substitute “Director General”.

34 In section 26BA (College of Policing), for “Commission”, in both places, substitute “Director General”.

35 (1) Section 26C (the National Crime Agency) is amended as follows.

(2) In subsection (1)—

(a) for “Independent Police Complaints Commission” substitute “Director General”;

(b) before “and other” insert “of the National Crime Agency”.

(3) In subsection (2) for “Independent Police Complaints Commission” substitute “the Office or its Director General”.

(4) In subsection (4) for “Independent Police Complaints Commission”, in both places, substitute “Director General”.

(5) In subsection (5)—

(a) for “Independent Police Complaints Commission” substitute “Director General”;

(b) for “Commission’s”, in both places, substitute “Director General’s”;

(c) for “Commission” substitute “Director General”.

36 (1) Section 26D (labour abuse prevention officers) is amended as follows.

(2) For “Commission”, in each place, substitute “Director General”.

(3) In subsection (4), for “Commission’s”, in both places, substitute “Director General’s”.

37 (1) Section 27 (conduct of the Commission’s staff) is amended as follows.

(2) For “Commission’s”, in each place (including the heading), substitute “Office’s”.

(3) In subsection (4) for “Commission” substitute “Office and the Director General”.

38 Omit section 28 (transitional arrangements in connection with establishing Commission etc).

39 (1) Section 28A (application of Part 2 to old cases) is amended as follows.

(2) For “Commission”, in each place other than in subsection (3) of that section, substitute “Director General”.

(3) In subsection (1), for “it” substitute “the Director General”.

(4) In subsection (4), for “it” substitute “the Director General”.

40 (1) Section 29 (interpretation of Part 2) is amended as follows.

(2) In subsection (1)—

(a) omit the definition of “the Commission”;

(b) after the definition of “death or serious injury matter” insert—

““the Director General” means (unless otherwise specified) the Director General of the Office;”;

(c) after the definition of “local resolution” insert—

““the Office” means the Office for Police Conduct;”.

(3) In subsection (6)—

(a) for “Commission” in each place substitute “Director General”;

(b) omit “itself”.

41 In section 29C (regulations about super-complaints) (as inserted by this Act), in subsection (3) for “Independent Police Complaints Commission”, in both places, substitute “Director General”.

42 (1) Section 29E (power to investigate concerns raised by whistle-blowers) (as inserted by this Act) is amended as follows

(2) For “Commission”, in each place, substitute “Director General”.

(3) In subsection (2) for “it” substitute “the Director General”.

43 (1) Section 29F (Commission’s powers and duties where it decides not to investigate) (as inserted by this Act) is amended as follows.

(2) For “Commission”, in each place, substitute “Director General”.

(3) In the heading—

(a) for “Commission’s” substitute “Director General’s”;

(b) for “where it decides” substitute “on decision”.

44 (1) Section 29G (special provision for “conduct matters”) (as inserted by this Act) is amended as follows.

(2) For “Commission”, in each place, substitute “Director General”.

(3) In subsection (2)—

(a) or “it”, in both places, substitute “the Director General”;

(b) for “its” substitute “the”.

45 (1) Section 29H (Commission’s powers and duties where whistle-blower is deceased) (as inserted by this Act) is amended as follows.

(2) For “Commission”, in each place, substitute “Director General”.

(3) In the heading for “Commission’s” substitute “Director General’s”.

(4) In subsection (1) for “it” substitute “the Director General”.

46 In section 29HA (duty to keep whistle-blowers informed) (as inserted by this Act), in subsection (1)—

(a) for “Commission” substitute “Director General”;

(b) for “it” substitute “the Director General”.

47 In section 29I (protection of anonymity of whistle-blowers) (as inserted by this Act) for “Commission”, in both places, substitute “Director General”.

48 In section 29J (other restrictions on disclosure of information) (as inserted by this Act), for “Commission”, in both places, substitute “Director General”.

49 In section 29K (application of provisions of Part 2) (as inserted by this Act), for “Commission”, in each place, substitute “Director General”.

50 In section 29L (regulation-making powers: consultation) (as inserted by this Act), for “Commission” substitute “Director General”.

51 In section 29M (interpretation) (as inserted by this Act), in subsection (1)—

(a) omit the definition of “the Commission”;

(b) after the definition of “conduct” insert—

““the Director General” means the Director General of the Office for Police Conduct;”.

52 In section 36 (conduct of disciplinary proceedings), in subsection (1)(a) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.

53 In section 105 (powers of Secretary of State to make orders and regulations), in subsection (5) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.

54 (1) Schedule 2 (the Independent Police Complaints Commission) is amended as follows.

(2) For the italic heading before paragraph 1 substitute “Director General”.

(3) For the italic heading before paragraph 2 substitute “Terms of appointment etc: non-executive members”.

(4) In paragraph 7—

(a) for “Commission”, in each place, substitute “Office”;

(b) for “chairman or as a deputy chairman of the Commission” substitute “Director General”;

(c) omit “or as a member of it”.

(5) In paragraph 8—

(a) for “Commission”, in both places, substitute “Office”;

(b) for “Commission’s”, in both places, substitute “Office’s”.

(6) In the heading before paragraph 9 omit “of Commission”.

(7) In paragraph 10—

(a) for “Commission”, in each place, substitute “Office”;

(b) for “Commission’s”, in each place, substitute “Office’s”;

(c) in sub-paragraph (5)(c) omit “by the chief executive or”.

(8) In paragraph 11—

(a) for “Commission”, in each place, substitute “Office”;

(b) in paragraph (a) for “chairman, a deputy chairman” substitute “Director General”;

(c) in paragraph (b) for “chairman” substitute “Director General”.

(9) In the italic heading before paragraph 12, for “Commission’s” substitute “Office’s”.

(10) In paragraph 12—

(a) in the words before paragraph (a), for “Commission” substitute “Office”;

(b) in paragraph (a) for “Commission” substitute “Office”;

(c) in paragraph (b) for “Commission” substitute “Director General”.

(11) In paragraph 13 for “Commission” substitute “Office”.

(12) In paragraph 14—

(a) for “Commission” substitute “Office”;

(b) in paragraph (a), after “it” insert “or the Director General”;

(c) in paragraph (b)—

(i) after “it”, in both places, insert “or the Director General”;

(ii) for “its” substitute “their”.

(13) In the italic heading before paragraph 15, for “Commission” substitute “Office”.

(14) In paragraph 15 for “Commission” substitute “Office”.

(15) In paragraph 16 for “Commission” substitute “Office”.

(16) In paragraph 17 for “Commission”, in each place, substitute “Office”.

(17) In the italic heading before paragraph 18, for “Commission” substitute “Office”.

(18) In paragraph 18 for “Commission”, in both places, substitute “Office”.

55 (1) Schedule 3 is amended as follows.

(2) For “Commission”, in each place where it occurs, substitute “Director General”.

(3) For “Commission’s”, in each place where it occurs, substitute “Director General’s”.

(4) For “it”, in each place where it occurs and is used as a pronoun in place of “the Commission”, substitute “the Director General”.

(5) For “its”, in each place where it occurs and is used to mean “the Commission’s”, substitute “the Director General’s”.

(6) The amendments made by virtue of sub-paragraphs (2) to (5)—

(a) include amendments of provisions of Schedule 3 that are inserted, or otherwise amended, by other provisions of this Act (whether or not those other provisions come into force before or after the coming into force of this paragraph);

(b) do not apply if otherwise provided by another provision of this paragraph.

(7) In paragraph 19 (investigations by the Commission itself)—

(a) in the heading omit “itself”;

(b) in sub-paragraph (1) omit “itself”;

(c) for sub-paragraph (2) substitute—

(2) The Director General must designate both—

(a) a person to take charge of the investigation, and

(b) such members of the Office’s staff as are required by the Director General to assist the person designated to take charge of the investigation.

(2A) The person designated under sub-paragraph (2) to take charge of an investigation must be—

(a) the Director General acting personally, or

(b) another member of the Office’s staff who is authorised to exercise the function of taking charge of the investigation on behalf of the Director General by virtue of paragraph 6A of Schedule 2 (delegation of Director General’s functions).”;

(d) in sub-paragraph (4) for “member of the Commission’s staff” substitute “person”;

(e) in sub-paragraph (5) for “member of the Commission’s staff” substitute “person designated under sub-paragraph (2)”;

(f) in sub-paragraph (6) for “members of the Commission’s staff” substitute “persons”;

(g) in sub-paragraph (6A) for “member of the Commission’s staff” substitute “person designated under sub-paragraph (2) who is”.

(8) In paragraph 19ZH (further provision about things retained under paragraph 19ZG) (as inserted by this Act)—

(a) in sub-paragraph (2) for “Commission’s” substitute “Office’s”;

(b) in sub-paragraph (4)(a) for “Commission’s” substitute “Office’s”.

(9) In paragraph 19A (as substituted by this Act), in sub-paragraph (2)(b) after “investigating” insert “or, in the case of an investigation by a designated person under paragraph 19, the Director General,”.

(10) In paragraph 19F (interview of persons serving with police etc during certain investigations), in sub-paragraph (1)(b) for “the Commission itself” substitute “a person designated under paragraph 19 (investigations by Director General)”.

(11) In paragraph 20 (restrictions on proceedings pending conclusion of investigation), in sub-paragraph (1)(b) at the end insert “or, where under paragraph 19 the Director General has personally carried out the investigation, a report has been completed by the Director General”.

(12) In paragraph 20A (as substituted by this Act)—

(a) in sub-paragraph (1)(a) after “investigating” insert “or, in the case of an investigation by a designated person under paragraph 19, the Director General,”;

(b) in sub-paragraph (3) after “and” insert “(where the person investigating is not also the Director General carrying out an investigation under paragraph 19 personally)”;

(c) in sub-paragraph (4)(b) after “investigation” insert “or, where the investigation is carried out under paragraph 19 by the Director General personally, finalise one,”.

(13) In paragraph 21A (procedure where conduct matter is revealed during investigation of DSI matter)—

(a) in sub-paragraph (1), omit “or designated under paragraph 19”;

(b) after sub-paragraph (2A) (as inserted by this Act), insert—

(2B) If during the course of an investigation of a DSI matter being carried out by a person designated under paragraph 19 the Director General determines that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—

(a) committed a criminal offence, or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings,

the Director General must proceed under sub-paragraph (2C).

(2C) The Director General must—

(a) prepare a record of the determination,

(b) notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of the determination, and

(c) send to it (or each of them) a copy of the record of the determination prepared under paragraph (a).”;

(c) in sub-paragraph (5), after paragraph (a) insert—

(aa) is notified of a determination by the Director General under sub-paragraph (2C),”.

(14) In paragraph 22 (final reports on investigations: complaints, conduct matters and certain DSI matters)—

(a) for sub-paragraph (5) substitute—

(5) A person designated under paragraph 19 as the person in charge of an investigation must—

(a) submit a report on the investigation to the Director General, or

(b) where the person in charge of the investigation is the Director General acting personally, complete a report on the investigation.”;

(b) in sub-paragraph (6) after “submitting” insert “or, in the case of an investigation under paragraph 19 by the Director General personally, completing”;

(c) in sub-paragraph (8) after “submitted” insert “or, in the case of an investigation under paragraph 19 by the Director General personally, completed”.

(15) In the italic heading before paragraph 23 (action by the Commission in response to investigation reports), for “response” substitute “relation”.

(16) In paragraph 23—

(a) in sub-paragraph (1)(b) before “under” insert “, or is otherwise completed,”;

(b) in sub-paragraph (1A) (as inserted by this Act), after “submission” insert “or completion”;

(c) in each of the following places, after “receipt of the report” insert “(or on its completion by the Director General)”—

(i) sub-paragraph (2);

(ii) sub-paragraph (5A) (as inserted by this Act);

(iii) sub-paragraph (5F) (as inserted by this Act).

(17) In paragraph 24A (final reports on investigations: other DSI matters)—

(a) after sub-paragraph (2) insert—

(2A) Sub-paragraph (2)(a) does not apply where the person investigating is the Director General carrying out an investigation personally under paragraph 19, but the Director General must complete a report on the investigation.”;

(b) in sub-paragraph (3) for “this paragraph” substitute “sub-paragraph (2) or completing one under sub-paragraph (2A)”;

(c) in sub-paragraph (4) after “receipt of the report” insert “(or on its completion by the Director General)”;

(d) in sub-paragraph (5) (as inserted by this Act) after “receipt of the report” insert “(or on its completion by the Director General)”.

(18) In the italic heading before paragraph 24B (action by the Commission in response to an investigation report under paragraph 24A), for “response” substitute “relation”.

(19) In paragraph 28A (recommendations by the Commission)—

(a) in sub-paragraph (1)—

(i) after “received a report” insert “(or otherwise completed one in relation to an investigation carried out under paragraph 19 by the Director General personally)”;

(ii) in paragraph (b) for “Commission itself” substitute “or on behalf of the Director General”;

(iii) in paragraph (c) after “24A(2)” insert “or (2A)”;

(b) in sub-paragraph (4)(a) after “receipt” insert “or completion”.

(20) In paragraph 28B (response to recommendation), in sub-paragraph (12) (as inserted by this Act) after “received a report on” insert “(or otherwise completed one on in relation to an investigation carried out under paragraph 19 by the Director General personally)”.

56 (1) Schedule 3 is further amended as follows (but these amendments apply only if this Schedule comes into force before the coming into force of Schedule 4 to this Act).

(2) In paragraph 19B (assessment of seriousness of conduct under investigation), in sub-paragraph (1) after “investigating” insert “or, in the case of an investigation by a designated person under paragraph 19, the Director General,”.

(3) In paragraph 20A (accelerated procedure in special cases)—

(a) in sub-paragraph (1)—

(i) for “his” substitute “an”;

(ii) after “conduct matter” insert “or, in the case of an investigation by a designated person under paragraph 19, the Director General,”;

(iii) for “he” substitute “the person investigating”.

(b) in sub-paragraph (3) for “his belief” substitute “the belief referred to in sub-paragraph (1)”.

(4) In paragraph 23 (action by the Commission in response to an investigation report), in sub-paragraph (6) after “receipt of the report” insert “(or on its completion by the Director General)”.

57 (1) Schedule 3A (whistle-blowing investigations: procedure) (as inserted by this Act) is amended as follows.

(2) For “Commission”, in each place, substitute “Director General”.

(3) In paragraph 1(1) omit “itself”.

(4) In paragraph 4(2)—

(a) for “it”, where it occurs in the first place, substitute “the Director General”;

(b) for “its” substitute “the”.

Part 3

Other Minor and consequential amendments

Superannuation Act 1972 (c. 11)

58 In Schedule 1 to the Superannuation Act 1972—

(a) in the list of entries under the heading “Royal Commissions and other Commissions”, omit the entry relating to the Independent Police Complaints Commission;

(b) in the list of entries under the heading “Other Bodies”, insert at the appropriate place—

“The Office for Police Conduct.”;

(c) in the list of entries under the heading “Offices”, omit the entries relating to—

(i) the Chairman of the Independent Police Complaints Commission;

(ii) the Commissioners of the Independent Police Complaints Commission;

(iii) the Deputy Chairman of the Independent Police Complaints Commission.

House of Commons Disqualification Act 1975 (c. 24)

59 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), omit the entry relating to the Independent Police Complaints Commission and insert at the appropriate place—

“The Office for Police Conduct.”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

60 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), omit the entry relating to the Independent Police Complaints Commission and insert at the appropriate place—

“The Office for Police Conduct.”.

Police Pensions Act 1976 (c. 35)

61 In section 11 of the Police Pensions Act 1976 (interpretation), in subsection (2A)(ba) for “Independent Police Complaints Commission” substitute “Office for Police Conduct”.

Ministry of Defence Police Act 1987 (c. 4)

62 In section 4 of the Ministry of Defence Police Act 1987 (representation etc at disciplinary proceedings), in subsection (5)(a) for “Independent Police Complaints Commission” substitute “Office for Police Conduct”.

Aviation, Maritime and Security Act 1990 (c. 31)

63 In section 22 of the Aviation, Maritime and Security Act 1990 (power to require harbour authorities to promote searches in harbour areas), in subsection (4)(b)(i) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.

Police Act 1996 (c. 16)

64 (1) The Police Act 1996 is amended as follows.

(2) In the following provisions, for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”—

(a) section 50(3A)(a) (regulation of police forces) (as inserted by this Act);

(b) section 51(2B)(a) (regulations for special constables) (as inserted by this Act);

(c) section 87(1) (guidance concerning disciplinary proceedings etc) (as amended by this Act).

(3) In the following provisions, for “Independent Police Complaints Commission” substitute “Office for Police Conduct”—

(a) section 84(5) (representation etc at disciplinary and other proceedings);

(b) section 88C(5)(d) (effect of inclusion in police barred list) (as inserted by this Act);

(c) section 88K(3)(d) (effect of inclusion in police advisory list) (as inserted by this Act).

(4) In section 54(2D) (appointment and functions of inspectors of constabulary)—

(a) in paragraph (a)—

(i) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct (“the Director General”)”;

(ii) for “that Commission” substitute “the Director General”;

(b) in paragraph (b)—

(i) for “that Commission”, in both places, substitute “the Director General”;

(ii) for “its” substitute “his or her”.

Freedom of Information Act 2000 (c. 36)

65 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) omit the entry relating to the Independent Police Complaints Commission and insert at the appropriate place—

“The Office for Police Conduct”.

Fire and Rescue Services Act 2004 (c. 21)

66 In section 4I of the Fire and Rescue Services Act 2004 (as inserted by this Act), in subsection (5)(b) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.

Commissioners for Revenue and Customs Act 2005 (c. 11)

67 (1) The Commissions for Revenue and Customs Act 2005 is amended as follows.

(2) In section 18 (confidentiality), in subsection (2)(g)—

(a) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”;

(b) for “its” substitute “the Director General’s”.

(3) In section 28 (complaints and misconduct: England and Wales)—

(a) in subsection (1), for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct (“the Director General”)”;

(b) in subsection (2)—

(i) for “Independent Police Complaints Commission”, in both places, substitute “Director General”;

(ii) for “its” substitute “the Director General’s”;

(c) in subsection (3) for “Independent Police Complaints Commission” substitute “Director General”;

(d) in subsection (4) for “Independent Police Complaints Commission”, in both places, substitute “Director General”.

(4) In section 29 (confidentiality etc), in subsection (3)—

(a) in the words before paragraph (a), for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”;

(b) for “its” substitute “the Director General’s”;

(c) in paragraph (a), for “Commission” substitute “Director General”;

(d) in paragraph (b), for “Commission” substitute Director General”.

Police and Justice Act 2006 (c. 48)

68 (1) In section 41 of the Police and Justice Act 2006 (immigration and asylum enforcement functions and customs functions: complaints and misconduct)—

(a) in subsection (1) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct (“the Director General”)”;

(b) in subsection (2A) for “Independent Police Complaints Commission” substitute “Director General”;

(c) in subsection (3) for “Independent Police Complaints Commission” substitute “Director General”;

(d) in subsection (4)(b), for “Independent Police Complaints Commission” substitute “Director General”;

(e) in subsection (5) for “Independent Police Complaints Commission” substitute “Director General”;

(f) in subsection (6) for “Independent Police Complaints Commission”, in both places, substitute “Director General.

(2) In the heading before that section for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”

Local Democracy, Economic Development and Construction Act 2009 (c. 20)

69 In section 107EE of the Local Democracy, Economic Development and Construction Act 2009 (section 107EA orders: complaints and conduct matters etc) (as inserted by this Act), in subsection (5)(b) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.

Coroners and Justice Act 2009 (c. 25)

70 In section 47 of the Coroners and Justice Act 2009 (meaning of “interested person”)—

(a) in subsection (2)(k) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”;

(b) in subsection (5) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.

Equality Act 2010 (c. 15)

71 In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general), under the heading “Police” omit the entry relating to the Independent Police Complaints Commission and insert at the appropriate place—

“The Office for Police Conduct”.

Police Reform and Social Responsibility Act 2011 (c. 13)

72 (1) The Police Reform and Social Responsibility Act 2011 is amended as follows.

(2) In section 65 (disqualification from election or holding office as police and crime commissioner: police grounds), for “Independent Police Complaints Commission” substitute “Office for Police Conduct”.

(3) In Schedule 7 (regulations about complaints and conduct matters), for “Independent Police Complaints Commission”, in each place, substitute “Director General of the Office for Police Conduct.”—(Mike Penning.)

This new Schedule contains amendments to the Police Reform Act 2002 and other enactments in connection with the re-naming of the Independent Police Complaints Commission as the Office for Police Conduct and the creation of the new position of Director General.

Brought up, read the First and Second time, and added to the Bill.

Clauses 108 and 109 ordered to stand part of the Bill.

Clause 110

Extent

Amendments made: 149, in clause 110, page 109, line 23, leave out “paragraph” and insert “paragraphs 15E and”.

This amendment and amendment 150 provide for the consequential amendment to the Freedom of Information Act 2000 in amendment 108 to extend to the whole of the United Kingdom, reflecting the geographical extent of that Act.

Amendment 150, in clause 110, page 109, line 23, leave out “that paragraph” and insert “those paragraphs”.

See the explanatory statement for amendment 149.

Amendment 216, in clause 110, page 109, line 24, at end insert—

“() section (Combined authority mayors: exercise of fire and rescue functions)(11);”.

This amendment provides for the amendment to Schedule 1 to the Public Service Pensions Act 2013 in NC22 to extend to the whole of the United Kingdom, reflecting the geographical extent of that provision.

Amendment 154, in clause 110, page 109, line 28, at end insert—

“( ) section 22(8), so far as relating to paragraphs 1 to 5 of Schedule (Disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary), and those paragraphs;”.

This amendment is consequential on NS1.

Amendment 217, in clause 110, page 109, line 28, at end insert—

“( ) section (References to England and Wales in connection with IPCC functions)(2) and (3);”.

This amendment is consequential on NC23.

Amendment 218, in clause 110, page 109, line 39, after “sections” insert “62(2) to (5),”.

This amendment, together with amendment 219, provides expressly for the procedure relating to the exercise of the regulation-making power in clause 62(3)(f) to form part of the law of the United Kingdom. The regulation-making power may be used to add to the list of persons who are law enforcement officers for the purposes of Chapter 4 of Part 4 and who may therefore exercise the maritime enforcement powers in hot pursuit by virtue of clause 64 (which also extends to the United Kingdom).

Amendment 219, in clause 110, page 109, line 39, leave out from “73” to end of line 40.

Please see the explanatory statement to amendment 218.

Amendment 220, in clause 110, page 109, line 40, at end insert—

“( ) sections (Application of maritime enforcement powers in connection with Scottish offences: general)(2) to (7), (Exercise of maritime enforcement powers in hot pursuit in connection with Scottish offences) to (Maritime enforcement powers in connection with Scottish offences: other supplementary provision) and (Maritime enforcement powers in connection with Scottish offences: interpretation);”.

This amendment, together with amendment 224, set out the extent of NC29 to NC39.

Amendment 151, in clause 110, page 110, line 3, leave out “and 13” and insert “, 12E to 12G, 12L, 12N, 12AE, 12AH, 12AL to 12AS, 14A to 14D, 15D and 17C”.

This amendment provides for certain of the consequential amendments in amendments 106 to 109 to extend to England and Wales and Scotland, reflecting the geographical extent of the Acts they amend.

Amendment 221, in clause 110, page 110, line 5, at end insert—

“() section (Combined authority mayors: exercise of fire and rescue functions)(5) and (8);”.

This amendment provides for the amendments to section 26 of the Fire Services Act 1947 and section 34 of the Fire and Rescue Services Act 2004 in NC22 to extend to Great Britain, reflecting the geographical extent of those provisions.

Amendment 152, in clause 110, page 110, line 7, leave out “and 104” and insert “, 104 and 114”.

This amendment provides for the consequential amendment to the Equality Act 2010 in paragraph 114 of Schedule 2 to extend to England and Wales and Scotland, reflecting the geographical extent of that Act.

Amendment 153, in clause 110, page 110, line 7, at end insert—

“( ) section22(8), so far as relating to paragraphs 6 to 14 of Schedule (Disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary), and those paragraphs;”.

This amendment is consequential on the new Schedule NS1.

Amendment 222, in clause 110, page 110, line 7, at end insert—

“() section (Office for Police Conduct)(9), so far as relating to paragraphs 61 and 71 of Schedule (Office for Police Conduct), and those paragraphs;”.

This amendment provides for specified amendments in Part 3 of NS2 to have the same extent as the provisions amended.

Amendment 223, in clause 110, page 110, line 15, at end insert—

‘( ) Section (Office for Police Conduct)(9), so far as relating to paragraphs 58, 59, 60, 62, 63, 65, 67 and 68 of Schedule (Office for Police Conduct), and those paragraphs, extend to England and Wales, Scotland and Northern Ireland.”.

This amendment provides for specified amendments in Part 3 of NS2 to have the same extent as the provisions amended.

Amendment 226, in clause 110, page 110, line 17, after “paragraphs,” insert

“and sections (Offence of breach of pre-charge bail conditions relating to travel) and (Offence of breach of pre-charge bail conditions relating to travel: interpretation)”.

This amendment provides for NC41 and NC42 to extend to England and Wales and Northern Ireland.

Amendment 224, in clause 110, page 110, line 19, leave out “extends” and insert

“and (Application of maritime enforcement powers in connection with Scottish offences: general)(1) and (8), (Restriction on exercise of maritime enforcement powers in connection with Scottish offences) and (Maritime enforcement powers in connection with Scottish offences: obstruction etc) extend”.—(Mike Penning.)

Please see the explanatory statement for amendment 220.

Clause 110, as amended, ordered to stand part of the Bill.

Clause 111

Commencement

Amendment made: 225, in clause 111, page 110, line 41, at end insert—

‘( ) Before making regulations appointing a day for the coming into force of any provision of sections (Application of maritime enforcement powers in connection with Scottish offences: general) to (Maritime enforcement powers in connection with Scottish offences: interpretation) the Secretary of State must consult the Scottish Ministers.”. —(Mike Penning.)

This amendment provides that the Secretary of State must consult the Scottish Ministers before bringing NC29 to NC39 into force.

Clause 111, as amended, ordered to stand part of the Bill.

Clause 112 ordered to stand part of the Bill.

Jack Dromey

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Further to that point of order, Mr Howarth. First, in terms of the team behind the Bill, can I thank the Clerks and all those who have worked with us throughout the Committee stage, for their professional support at all hours of the day and night, as we discovered on one particular occasion? Secondly, like the Police Minister—

Jack Dromey

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Like the Policing and Fire Minister, I thank all those who have supervised our proceedings, including the Doorkeepers and Hansard, all of whom play a very important role.

I want to come straight to the heart of one thing that the Policing and Fire Minister said. The Bill has been professionally debated, with substantial common ground. Where there has not been common ground, we have disagreed not for the sake of it but in order to focus on areas in need of further probing and areas of disagreement. On the former, I welcome some of the commitments given to next-stage dialogue on issues relating to children and mental health. We will take advantage of the offers made. On the latter, there are areas of disagreement, particularly in relation to fire and volunteers. There are also areas where we hope the Government will go further in the next stages, such as pre-trial bail. All these things have been properly rehearsed, recorded and debated in the Committee.

Finally, I thank all Committee members. The debate has been conducted in a good-humoured way throughout. I also particularly thank my fellow shadow Minister, my hon. Friend the Member for West Ham, for her prodigious efforts throughout the Bill’s passage. We look forward to Report.

Lyn Brown

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My hon. Friend is absolutely right about that, and I shall return to the point a little later in my speech.

Lyn Brown

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But should a PCC take over the fire service, we would have a person in charge whose main attention was on policing and all that policing involved. The media focus much more on policing than they do on the fire service. The fire service will be secondary. Although the Minister rightly says—I do not doubt him—that the two funding streams will be different, I do not know how long that will last, and in truth, neither does he, because things move on. We had police and crime commissioners under the last Government; this Government are now proposing police, crime and fire commissioners. What will happen in a couple of years’ time? I do not know. There might be accounting efficiencies in order to save costs, and the budgets might well be merged. I do not think that these proposals make any sense.

A further risk is that these proposals will make mergers of fire services more difficult, which would be a real setback, as inter-fire mergers increase resilience and achieve significant savings. The 2007 merger of the Devon and Somerset fire services was supposed to deliver £3 million of savings in the first five years. It actually bettered that target by £600,000.

The Minister will know that Martyn Underhill, the Independent PCC for Dorset—I am trying to keep this politically neutral—has said that he has no interest in running the fire service. Why? It is because Dorset and Wiltshire fire service has undergone a merger that proposes to bring significant savings and increase the resilience in that area. He does not want to interfere with the process, and he is really wary about his office having responsibility for Wiltshire. I admire this decision, made by Commissioner Underhill, but how many potential mergers of fire services will not even be considered as a result of PCC takeovers and the need for coterminosity? I remind the Minister that until a few months ago, this Government trumpeted mergers as a key to the future of the fire service; yet they are now, sadly, going to slip off the agenda.

I know that the Minister has little sympathy with the particular argument I am about to make, but I am a brave soul. A large proportion of the work carried out by the fire service is preventive. There is a danger that these proposals will make this preventive work a little more difficult. It is a humanitarian service. We need to be honest: the police service is not a humanitarian service. The two services are seen differently by some communities, and these proposals could make the fire service’s preventive work more difficult.

There are some people who would not welcome a policeman into their home without a warrant. Police officers turning up at the door can be a scary experience. Firefighters go into people’s homes and work spaces, and check that smoke alarms and electrical appliances are safe. They fit sprinklers and even look for worrying signs that might concern other services, such as the NHS and council care services. This preventive work is not an add-on to the fire service’s work; it is at the core of what it does—keeping people safe, so that they do not have to be rescued further down the line.

Lyn Brown

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First, they will not be equal partners, because we are talking about a big service and a small service. Secondly, in the minds of some of our communities, the police and the fire service will become one and the same. They will have one boss, and there will be an anxiety that someone coming through the door to fix a smoke alarm might have a different agenda.

Lyn Brown

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In London, the service is run by a Mayor and elected councillors. It is not run by an individual whose other job is to be the police commissioner. I think there is a difference, and I believe that our communities will think there is a difference. We cannot prescribe how people think and what they worry about, but this concern has been raised with me.

Lyn Brown

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The police I meet on my doorsteps and streets are dead pragmatic souls. They understand the sensitivities that some communities have: they treat some of my refugee communities with extraordinary sensitivity to overcome the natural barrier that is there. What I am saying to the hon. Gentleman is that there is a natural barrier. That is no slur on our police force; our police force are an enforcement agency, and not really a humanitarian service. The police are there to implement the law. Let us move on.

The Minister is not passing over a service that does not have some difficulties. The fire and rescue service has been subject to a cumulative cash cut of £236 million or 12.5% since 2010—and, of course, there is more to come. [Interruption.] Is the Government Whip trying to engage me? Does he want to intervene? It seems not. I just thought I would give him a chance.

Lyn Brown

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Is that right? When I was a Whip, I was taught that I should be seen and not heard. I am sure that the hon. Member for North East Cambridgeshire (Stephen Barclay) did not want to intervene on me at all. The issue of regional fire control centres has been well thrashed out in this Chamber. There were a myriad reasons why they did not work, and I accept that they did not.

Let us return to what the Government have been doing. Here we are in 2016, and it feels as though they have been here forever. The fire and rescue service has been subject to a cumulative cash cut of £236 million, or 12.5%, since 2010, and, of course, there is more to come. We know from the local government funding settlement that fire and rescue services are expected to cut spending by a further £135 million by the end of the Parliament. A stretched service will be squeezed even further.

As a result of these cuts, 7,600 firefighters have already been lost, and the Government have repeatedly ignored warnings that the cuts may be putting services at risk. Their proposals will not protect a single firefighter’s job, or put a single firefighter back in service. I have been told by fire chiefs that their services will “not be viable” under the Government’s proposed spending plans, and I am sure that they have told the Minister exactly the same thing.

The National Audit Office has calculated that there was a 30% reduction in the amount of time spent on home fire checks and audits over the last Parliament. That is a huge reduction. The NAO has said that the Government have “no idea” of the impact of that on public safety. It has also said that, as the Government refuse to model the risk of cuts, they may only know that a service has been cut too long after the fact—that is, after public safety and the lives of the public have been put at risk.

I was not surprised, although I was dismayed, by the latest English fire statistics, which cover the period between April and September 2015. They show that there were 139 fire-related fatalities during that time, 31 more than occurred during the same period in 2014. There were 1,685 non-fatal fire casualties that resulted in hospital treatment, a 10% increase on 2014. Fire and rescue services attended about 93,200 fires, 7% more than in 2014.

The Government have cut the fire service, cut firefighters, and overseen a massive reduction in the amount of preventive work undertaken. I know that we are talking about a spike over just a couple of quarters, but there are statistical signs that the service may be feeling the awful effects of the cuts that have been made. So what do the Government do? Do they stop the cuts while they undertake a proper risk assessment? Do they begin to develop minimum standards for the number of stations and firefighters, and for preventive work? No. The Government want to pass on the responsibility to police and crime commissioners, who have had to deal with similar cuts in police budgets, and who have lost 12,000 front-line police officers. They are not even assessing the level of funding that PCCs would need to maintain resilience and keep the public safe.

This is a good line. By passing the buck without the bucks, the Government could be asking PCCs, who will be new to the fire service and its complexity, to undertake further potentially dangerous cuts. The PCCs will not know what the risks are, because the Government refuse to model them. That is why we tabled amendment 20, which would require the Home Secretary to carry out an assessment of the level of funding that fire services need to keep the public safe.

Our fire and rescue authorities are trusted experts on the fire service. The councillors who serve on them often have years of experience, and have gained a genuinely deep knowledge and judgment from overseeing the strategic direction of fire services in their areas. Given the trust and respect that local fire authorities have, allowing PCCs to take over a fire and rescue service without their support poses the clear risk that employees, and the public, will perceive newly empowered PCCs as an unwelcome central imposition. Our amendment 6 would ensure that a PCC who does take over a fire and rescue service can do so only with the approval of the locally elected representatives on the relevant councils, or, alternatively, of local people through a referendum.

Geoffrey Clifton-Brown

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In case my hon. Friend misunderstands, let me say that they do these quite sophisticated training exercises using a model ship, a model aircraft and an actual office block. This is a really good example of how collaborative training should be run. We should do much more of that, and we need much more of it to involve resilience, so that we can train people for the really sophisticated emergencies we face.

The Cotswolds have suffered considerably as a result of flooding in recent years. When we have had flooding, it has been distressing to see people taken out of their houses and sometimes evacuated, and to see their belongings completely wrecked. I must praise the emergency services hugely, because they are always there in the middle of the night and in the most difficult circumstances—often cold and wet—trying to deal with very demoralised and unhappy people.

We should act more collaboratively, but we should pay a great tribute to the emergency services, because they do a hugely good and dedicated job on behalf of all of us.

Bob Stewart

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Friends of mine who are serving in the armed forces are finding it increasingly difficult to move into the police or the fire service. Could the Minister help in any way, because the training that the armed forces give to my friends is so important and should be utilised to make our police and fire services even better than they already are?

Richard Drax

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I am most grateful to the Minister for giving way. I think that he misunderstood me: I was not saying that a PCC should or should not be a police officer. Some are, and some are not. I was saying that I had concerns about the powers that they have to appoint and sack police officers, who may have had 25 or 30 years’ experience. I think that that role should be left to the Home Office and the Home Secretary.

Amanda Milling

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May I press my right hon. Friend on that point? Is it the Government’s intention to table amendment 2, or an equivalent amendment, when the Bill goes to the other place? If I get that assurance, I will not press the amendment to a vote.

Jake Berry

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I hope that the Minister will take the opportunity to deal with a point that I raised about the clause. Will he confirm that, before the Secretary of State makes a direction under secondary legislation, as envisaged by the clause, there will be wide consultation? Will he confirm that the Government will consult widely with the fire and rescue service, in particular, given the concerns that it has raised about maintaining not only its operational independence, but an element of independence in the eyes of the public?

Jake Berry

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To come back to my specific point about the clause, my question is: if this or a similar clause comes forward in the Lords, will there be wide consultation, especially with the fire service, before the Secretary of State gives direction about the national title to be used by police and crime commissioners? I would be grateful if the Minister could answer that question.

Geoffrey Clifton-Brown

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I have enormous sympathy with what my right hon. Friend is saying. It is absolutely clear that we need closer collaboration. However, in Gloucestershire we do not at the moment want the fire and rescue service to be put under the control of the PCC, so will he give us an assurance that it will not be forced to do so against its wishes?

Mike Wood

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Clearly, close collaboration is important not only for efficiency, but for the delivery of effective prevention work. Can my right hon. Friend give additional assurances that the revenue streams of fire services such as that in the west midlands will be protected, including for commercial activities?

Madam Deputy Speaker (Natascha Engel)

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With this it will be convenient to discuss the following:

Government new clause 32—Police volunteers: inspection.

Amendment 11, in clause 35, page 57, line 39, leave out subsection (1A).

This amendment removes the ability for volunteers to be given the powers of a Constable or Police and Community Support Officer.

Amendment 12, page 58, line 2, at end insert—

‘(2A) The chief officer of any police force may not place a volunteer in any role which requires the use of force or restraint.’.

This amendment would prevent volunteers being placed in roles which may require the use of force or restraint which should only be performed by officers and members of police staff.

Amendment 13, page 59, line 1, leave out subsection (9B).

This amendment removes the provision for volunteer PCSOs to be issued with CS spray and PAVA spray.

Amendment 10,  page 59, line 31, at end insert—

‘(12) This section cannot come into force until the House of Commons approves a report under subsection 46(6) of the Police Act 1996 which guarantees no annual reduction in funding in real terms to local policing bodies in each financial year until 2020.’.

This amendment would guarantee that police funding would be protected in a police grant settlement approved by Parliament before proposals to grant additional police powers to volunteers can be brought forward.

New clause 1—Sale of knives and certain articles with blade or point to persons under eighteen: due diligence checks—

‘(1) The Criminal Justice Act 1988 is amended as follows.

(2) In section 141A, after subsection (4) insert—

“(4A) Due diligence serving to confirm the material facts in relation to a sale over the internet of with respect to the age of a purchaser must include, but is not limited to—

(a) age verification on delivery,

(b) online age verification, and

(c) offline follow up checks.

(4B) The Secretary of State must publish guidance, which the Secretary of State may revise from time to time, on how due diligence verification and checks under section (4A) are to be carried out.’.

This new clause provides a triple lock to ensure that knives are not illegally sold over the Internet to under-18s.

New clause 7—Amendments to the Firearms Act 1968—

‘(1) The Firearms Act 1968 is amended as follows.

(2) Omit section 5(1A)(f).

(3) Omit sections 5A(4), (5), (6), (7) and (8).

(4) Omit section 7(1) and insert—

“(1) A person who has obtained from the chief officer of police for the area in which he resides a permit for the purpose in the prescribed form may, without holding a certificate or authority under this Act, have in his possession a firearm and ammunition in accordance with the terms of the permit.”

(5) At the end of section 28A add—

“(8) Where an individual has applied for the renewal of a certificate before its expiry but the chief constable has not, as at the date of its expiry, determined whether or not to grant the renewal, the certificate is to continue to have effect until the application is determined.”’.

The new clause seeks to make a number of technical changes to the 1968 Firearms Act covering expanding ammunition, section 7 temporary permits and the renewal of firearms certificates in order to clarify the law and reduce the administrative burden on the police and shooting community.

New clause 8—Amendments to the Firearms (Amendment) Act 1988—

‘(1) The Firearms (Amendment) Act 1988 is amended as follows.

(2) In section 15(1) (Approved rifle clubs and muzzle-loading pistol clubs) omit the first “rifle” and for the second “rifle” substitute “firearm”.

(3) Omit section 15(2) and insert—

“(2) Any club may apply for approval, whether or not it is intended that any club members will, by virtue of subsection (1) above, have firearms subject to section 1 or ammunition in their possession without holding firearm certificates.”

(4) Omit section 15(4) and insert—

“(4) The application of subsection (1) above to members of an approved club may—

(a) be excluded in relation to the club, or

(b) be restricted to target shooting with specified types of firearm, by limitations contained in the approval.”

(5) In section 15(7) omit “rifle”.

(6) In section 15(10) omit the first “rifle”.

(7) Omit sections 15(11) and (12).’.

The new clause allows a club to be approved for any type of Section 1 firearm so that if a person using a shotgun or long-barrelled pistol is taken ill, or the firearm malfunctions, another authorised person can legally ‘possess’ (handle) that firearm to assist and/or make it safe.

New clause 9—Authorised persons permitted to lend firearms—

‘(1) In the Firearms Act 1968, omit section 11(5) and insert—

“(5) A person may, without holding a shot gun certificate, borrow a shot gun from the owner or occupier of private premises or a person authorised by the owner or occupier and use it on those premises in the presence of the owner, occupier or authorised person.”

(2) In the Firearms (Amendment) Act 1988, omit section 16(1) and insert—

(a) the owner, occupier or authorised person in whose presence it is used holds a firearm certificate in respect of that rifle; and

(b) the borrower’s possession and use of it complies with any conditions as to those matters specified in the certificate; and

(c) where the borrower is of the age of 17, the owner, occupier or authorised person in whose presence the rifle is used is of or over the age of 18.”’.

The new clause would clarify the law as regards who can lend a shotgun or rifle to another person. This addresses the uncertainty currently caused by the term ‘occupier’ in relation to the borrowing of a shotgun or a rifle by a person without a certificate.

New clause 19—Events, festivals and gatherings: control of flares and fireworks etc.—

‘(1) A person is guilty of an offence if he has an article or substance to which this section applies in his possession—

(a) at any time during the period of a qualifying event, festival or gathering when he is within the venue or in any area from which the event, festival or gathering may be directly viewed or physically accessed, or

(b) while entering or trying to enter a venue or area defined in paragraph (1)(a) at any time during the period of the qualifying event, festival or gathering, or

(c) while travelling by any means towards a qualifying event, festival or gathering with the intent to enter a venue or area as defined under paragraph (1)(a).

(2) It is a defence for the accused to prove that possession is with lawful authority.

(3) This section applies to any article or substance whose main purpose is the emission of a flare whether for entertaining, illuminating or signalling (as opposed to igniting or heating) or the emission of smoke or a visible gas or a noise intended to simulate an explosion; and in particular it applies to fireworks, distress flares, fog signals, and pellets and capsules intended to be used as fumigators or for testing pipes, but not to matches, cigarette lighters or heaters.

(4) The Secretary of State may be regulations define or amend—

(a) a “qualifying event, festival or gathering”,

(b) a “period of an event, festival or gathering”,

(c) a “venue or area from which the event, festival or gathering may be directly viewed or physically accessed”, and

(d) articles and substances falling under subsection (3).

(5) The power to make regulations under subsection (4) shall be exercisable by statutory instrument but such an instrument may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6) A person guilty of an offence under this section shall be liable on summary conviction—

(a) in the case of an offence under subsection 1(a) or (b) to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding three months, and

(b) in the case of an offence under subsection 1(c) to a fine not exceeding level 2 on the standard scale.

(7) Nothing in this section shall apply to persons, articles or substances that are lawfully present at, entering, travelling to, or being transported towards, a qualifying event, festival or gathering by virtue of being a planned part of the event, festival or gathering under the responsibility, regulation and control of the organisers.’.

New clause 21—Firearms: Full recovery of the licence costs—

‘(1) The Firearms Act 1968 is amended as follows.

(2) At the end of section 53 insert—

“(4) The Secretary of State must set the sum payable at the full cost to the tax payer of issuing a licence.”’.

This new clause would help to ensure full costs recovery of the licencing of guns.

Amendment 7, in clause 106, page 115, line 22, leave out “the amount of any fee that may be charged” and insert

“that the fee charged must be equal to the full cost to the tax payer of issuing a licence.”

This amendment would help to ensure full costs recovery of the licencing of guns.

Amendment 8,  page 115, line 41, leave out

“the amount of any fee that may be charged”

and insert

“that the fee charged must be equal to the full cost to the tax payer of issuing a licence.”.

This amendment would help to ensure full costs recovery of the licencing of guns.

Amendment 9,  page 116, line 19, leave out

“the amount of any fee that may be charged”

and insert

“that the fee charged must be equal to the full cost to the tax payer of issuing a licence.”.

This amendment would help to ensure full costs recovery of the licencing of guns.

Amendment 1, in clause 107, page 117, line 14, at end insert

“and

(c) other relevant stakeholders.”.

This amendment would require other relevant stakeholders to be consulted in drawing up statutory guidance to the police. The current non-statutory guidance involves consultation between the Home Office, police, shooting organisations and others and all existing parties, not just the police, should be accommodated within the new statutory framework.

Government amendment 62.

New clause 17—Alcohol abstinence and monitoring: cost recovery—

‘(1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 212A, insert at the end of subsection 7(b)—

“(c) arrangements for recovering the cost of testing from the offender by the police.”’.

This would allow the Secretary of State to include to make provision for the police to charge an offender subject to an alcohol abstinence and monitoring requirement for the costs of testing their compliance with such a requirement.