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SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Tuesday 26 April 2016 REPORT STAGE PROCEEDINGS

POLICING AND CRIME BILL, AS AMENDED

NEW CLAUSES, NEW SCHEDULES AND AMENDMENTS RELATING TO PART 1, OTHER THAN NEW CLAUSES AND NEW SCHEDULES RELATING TO THE INSPECTION OF FIRE AND RESCUE SERVICES.

Lyn Brown Sarah Champion Carolyn Harris Negatived NC20 To move the following Clause—

“Statutory Duty on Flooding The Fire and Rescue Services in shall make provision to lead and co- ordinate the emergency service response to— (a) rescuing people trapped, or likely to become trapped, by water; and (b) protecting them from serious harm, in the event of serious flooding in its area.” Member’s explanatory statement This new clause would make the Fire and Rescue Service in England statutorily responsible for leading the emergency services response to flooding.

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Policing and Crime Bill, continued Jack Dromey Andy Burnham Lyn Brown Keir Starmer Sarah Champion Carolyn Harris

Kevan Jones Not called 21 Clause 2, page 3, line 14, at end insert— “(8) For the purposes of this Bill, when considering whether a collaboration agreement would improve the effectiveness and efficiency of one or more emergency services that shall include the effectiveness and efficiency with which the emergency service is able to meet its duties under the mental health care concordant.” Member’s explanatory statement This amendment would explicitly enable a collaboration agreement to cover duties placed on emergency services by the mental health care concordant.

Lyn Brown Jack Dromey Andy Burnham Keir Starmer Sarah Champion Carolyn Harris Negatived on division 3 Page 6, line 3, leave out Clause 6 Member’s explanatory statement This amendment, along with amendment 4, would prevent Police and Crime Commissioners from taking over the functions of Fire and Rescue Authorities.

Lyn Brown Jack Dromey Andy Burnham Keir Starmer Sarah Champion Carolyn Harris Not called 5 Page 11,line1, leave out Clause 8 Member’s explanatory statement This amendment would prevent combined authority mayors from combing their fire and rescue service and police force under a single employer. Report Stage Proceedings: 26 April 2016 627

Policing and Crime Bill, continued Lyn Brown Jack Dromey Andy Burnham Keir Starmer Sarah Champion Carolyn Harris Not called 4 Page 144, line 2, leave out Schedule 1 Member’s explanatory statement This amendment, along with amendment 3, would prevent Police and Crime Commissioners from taking over the functions of Fire and Rescue Authorities.

Amanda Milling Craig Tracey James Berry Chris Philp Nigel Huddleston Keith Vaz

Craig Mackinlay Mims Davies Matt Warman Not called 2 Schedule 1, page 145, line 16, at end insert—

“4AA Power to change title of police and crime commissioner (1) This section applies if the Secretary of State makes an order under section 4A. (2) The Secretary of State may by regulations made by statutory instrument change the title of a police and crime commissioner appointed as a fire and rescue authority.” Member’s explanatory statement This would enable the Secretary of State to change the name of police and crime commissioners to reflect their new additional responsibility for the fire service. The Secretary of State would have the power to make such a direction in secondary legislation at some point in the future.

Lyn Brown Jack Dromey Andy Burnham Keir Starmer Sarah Champion Carolyn Harris Negatived on division 20 Schedule 1, page 145, line 16, at end insert— “(7) No order can be made under this section until the Secretary of State has conducted a review assessing the funding required by the fire and rescue service to secure the minimum level of cover needed to secure public safety and maintain fire resilience. (8) The review carried out under section (7) must assess the impact of the level of cover on— (a) fire related fatalities; (b) non-fatal fire related casualties; (c) the number of dwelling fires and other fires; (d) the number of incidents responded to, and (e) the strength and speed of response to incidents.” Member’s explanatory statement This amendment would require the Home Secretary to conduct a review on the level of funding the 628 Report Stage Proceedings: 26 April 2016

Policing and Crime Bill, continued

FRS requires in order to secure public safety before she may make allows police and crime commissioner to be a fire and rescue authority.

Lyn Brown Jack Dromey Andy Burnham Keir Starmer Sarah Champion Carolyn Harris Negatived on division 6 Schedule 1, page 157, line 33, at end insert— “(4) An order under section 4A, whether modified or not by the Secretary of State, may only be made with either: consent of all of the relevant local authorities and relevant fire and rescue authority, or a majority vote by local people through referendum.” Member’s explanatory statement This amendment would ensure that a PCC can only take over a Fire and Rescue Service with the approval of local people or their local representatives.

NEW CLAUSES, NEW SCHEDULES AND AMENDMENTS RELATING TO PART 3; NEW CLAUSES, NEW SCHEDULES AND AMENDMENTS RELATING TO FIREARMS, KNIVES AND FLARES; NEW CLAUSES, NEW SCHEDULES AND AMENDMENTS RELATING TO PART 7; NEW CLAUSES, NEW SCHEDULES AND AMENDMENTS RELATING TO PART 8.

Secretary Theresa May Added NC31 To move the following Clause—

“Application of Firearms Act 1968 to the police: special constables and volunteers (1) The Firearms Act 1968 is amended as follows. (2) In section 54 of that Act (Application of Parts 1 and 2 to Crown servants), in subsection (3)— (a) after paragraph (b) insert— “(ba) a community support volunteer or a policing support volunteer designated under section 38 of the Police Reform Act 2002 by the chief constable of a police force in England and Wales,”; (b) after paragraph (f) insert “, or (g) a community support volunteer or a policing support volunteer designated under section 38 of the Police Reform Act 2002 (as it applies by virtue of section 28 of the Railways and Transport Safety Act 2003) by the Chief Constable of the British Transport Police Force.” (3) In section 57 of that Act (interpretation), in subsection (4), after the definition of “imitation firearm” insert— ““member of a police force” means— (a) as respects England and Wales, a constable who is a member of a police force or a special constable appointed under section 27 of the Police Act 1996; Report Stage Proceedings: 26 April 2016 629

Policing and Crime Bill, continued (b) as respects Scotland, a constable within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (2012 asp 8); “member of the British Transport Police Force” includes a special constable appointed under section 25 of the Railways and Transport Safety Act 2003;”.” Member’s explanatory statement Section 54 of the Firearms Act 1968 makes provision about the application of the Act to Crown servants. Only specified provisions of the Act apply to Crown servants and only so far as they relate to the purchase and acquisition of firearms. Section 54 provides for members of certain police forces and civilian staff to be treated as in the service of the Crown for the purposes of section 54 and the rules of the common law about the application of legislation to the Crown. This new clause amends section 54 so that designated police volunteers (see, in particular, clause 35) are also treated as in the service of the Crown for the same purposes. To avoid the risk that the amendment would cast doubt on the position of special constables (who are also volunteers), section 57 (which contains definitions) is amended to include definitions of “member of a police force” and “member of the British Transport Police Force” which expressly refer to special constables.

Secretary Theresa May Added NC32 To move the following Clause—

“Police volunteers: inspection (1) In section 54 of the Police Act 1996 (appointment and functions of inspectors of constabulary), in subsection (7) (as inserted by section 34), after paragraph (a) insert— “(aa) persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002;”. (2) In Schedule 4A to the Police Act 1996 (further provision about Her Majesty’s Inspectors of Constabulary), in paragraph 6D (as inserted by section 33), after sub-paragraph (1A)(c) insert— “(ca) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002;”.” Member’s explanatory statement This new clause makes provision about how the law relating to police inspections under the Police Act 1996 applies to those designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002. The amendment of section 54 clarifies that inspections of police forces may include inspections of designated volunteers. The amendment of Schedule 4A is related to amendment 48 and means that designated volunteers served with a notice under paragraph 6A of that Schedule requiring the provision of information have no right of appeal against the notice (and, hence, are in the same position as constables serving with a police force and civilian staff designated under section 38 of the 2002 Act).

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Policing and Crime Bill, continued Jack Dromey Andy Burnham Lyn Brown Keir Starmer Sarah Champion Carolyn Harris Not called 11 Clause 35, page 57, line 39, leave out subsection (1A) Member’s explanatory statement This amendment removes the ability for volunteers to be given the powers of a Constable or Police and Community Support Officer.

Jack Dromey Andy Burnham Lyn Brown Keir Starmer Sarah Champion Carolyn Harris Not called 12 Clause 35, 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.” Member’s explanatory statement 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.

Jack Dromey Andy Burnham Lyn Brown Keir Starmer Sarah Champion Carolyn Harris Negatived on division 13 Clause 35, page 59, line 1, leave out subsection (9B) Member’s explanatory statement This amendment removes the provision for volunteer PCSOs to be issued with CS spray and PAVA spray.

Jack Dromey Andy Burnham Lyn Brown Keir Starmer Sarah Champion Carolyn Harris Negatived on division 10 Clause 35, 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.” Member’s explanatory statement This amendment would guarantee that police funding would be protected in a police grant Report Stage Proceedings: 26 April 2016 631

Policing and Crime Bill, continued

settlement approved by Parliament before proposals to grant additional police powers to volunteers can be brought forward.

Mr David Burrowes Derek Thomas Will Quince Craig Mackinlay Kit Malthouse Zac Goldsmith

Andrew Rosindell Fiona Bruce Mr Graham Brady Not called NC1 To move the following Clause—

“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.” Member’s explanatory statement This new clause provides a triple lock to ensure that knives are not illegally sold over the Internet to under-18s.

Geoffrey Clifton-Brown Simon Hart Bill Wiggin Sir Edward Garnier Mr Jonathan Djanogly Nigel Adams

Victoria Prentis Antoinette Sandbach Sir Henry Bellingham Sir Nicholas Soames Richard Drax Not called NC7 To move the following Clause—

“Amendments to the Firearms Act 1968 (1) The Firearms Act 1968 is amended as follows. 632 Report Stage Proceedings: 26 April 2016

Policing and Crime Bill, continued (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.”” Member’s explanatory statement 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.

Geoffrey Clifton-Brown Simon Hart Bill Wiggin Sir Edward Garnier Mr Jonathan Djanogly Nigel Adams

Victoria Prentis Antoinette Sandbach Sir Henry Bellingham Sir Nicholas Soames Richard Drax Not called NC8 To move the following Clause—

“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”. Report Stage Proceedings: 26 April 2016 633

Policing and Crime Bill, continued (6) In section 15(10) omit the first “rifle”. (7) Omit sections 15(11) and (12).” Member’s explanatory statement 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.

Geoffrey Clifton-Brown Simon Hart Bill Wiggin Sir Edward Garnier Mr Jonathan Djanogly Nigel Adams

Victoria Prentis Antoinette Sandbach Sir Henry Bellingham Sir Nicholas Soames Richard Drax Not called NC9 To move the following Clause—

“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 person of or over the age of 17 may, without holding a firearm certificate, borrow a rifle from the owner or occupier of private premises or a person authorised by him, and use it on those premises in the presence of the owner, occupier or authorised person if— (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.”” Member’s explanatory statement 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.

634 Report Stage Proceedings: 26 April 2016

Policing and Crime Bill, continued Nigel Adams Chris Heaton-Harris Geoffrey Clifton-Brown Kit Malthouse Damian Green Nigel Huddleston

Byron Davies Valerie Vaz Michelle Thomson Pete Wishart David Warburton Mark Pritchard Will Quince Andrea Jenkyns Paula Sherriff Patrick Grady Anne McLaughlin Not called NC19 To move the following Clause—

“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 Report Stage Proceedings: 26 April 2016 635

Policing and Crime Bill, continued event, festival or gathering under the responsibility, regulation and control of the organisers.”

Lyn Brown Jack Dromey Andy Burnham Keir Starmer Sarah Champion Carolyn Harris Not called NC21 To move the following Clause—

“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.”” Member’s explanatory statement This new clause would help to ensure full costs recovery of the licencing of guns.

Lyn Brown Jack Dromey Andy Burnham Keir Starmer Sarah Champion Carolyn Harris Not called 7 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.” Member’s explanatory statement This amendment would help to ensure full costs recovery of the licencing of guns.

Lyn Brown Jack Dromey Andy Burnham Keir Starmer Sarah Champion Carolyn Harris Not called 8 Clause 106, 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.” Member’s explanatory statement This amendment would help to ensure full costs recovery of the licencing of guns. 636 Report Stage Proceedings: 26 April 2016

Policing and Crime Bill, continued Lyn Brown Jack Dromey Andy Burnham Keir Starmer Sarah Champion Carolyn Harris Not called 9 Clause 106, 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.” Member’s explanatory statement This amendment would help to ensure full costs recovery of the licencing of guns.

Geoffrey Clifton-Brown Simon Hart Bill Wiggin Sir Edward Garnier Mr Jonathan Djanogly Nigel Adams

Antoinette Sandbach Sir Henry Bellingham Sir Nicholas Soames Richard Drax Not called 1 Clause 107, page 117, line 14, at end insert “and (c) other relevant stakeholders.” Member’s explanatory statement 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 , police, shooting organisations and others and all existing parties, not just the police, should be accommodated within the new statutory framework.

Secretary Theresa May Agreed to 62 Clause 136, page 142, line 17, at end insert— “( ) section (Application of Firearms Act 1968 to the police: special constables and volunteers);” Member’s explanatory statement The Firearms Act 1968 forms part of the law of England and Wales and Scotland. This amendment provides for the amendments to that Act made by new clause Added NC31 to form part of the law of England and Wales and Scotland. Report Stage Proceedings: 26 April 2016 637

Policing and Crime Bill, continued Kit Malthouse Jo Churchill Mrs Anne-Marie Trevleyan Not called NC17 To move the following Clause—

“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.”” Member’s explanatory statement 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.