Protection of Freedoms Bill 2011
Encyclopedia
The Protection of Freedoms Bill is a parliamentary bill before the British House of Commons
introduced in February 2011, by Home Secretary
, Theresa May
.
The Bill is sponsored by the Home Office. The Protection of Freedoms Bill follows the abolition of Identity Cards by the Identity Documents Act 2010.
The Bill was amended by the Public Bill Committee in May 2011
The original Bill had seven parts when introduced in February, 2011.
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
introduced in February 2011, by Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, Theresa May
Theresa May
Theresa Mary May is a British Conservative politician who is Home Secretary in the Conservative – Liberal Democrat Coalition government. She was elected to Parliament in 1997 as the Member of Parliament for Maidenhead, and served as the Chairman of the Conservative Party, 2003–04...
.
The Bill is sponsored by the Home Office. The Protection of Freedoms Bill follows the abolition of Identity Cards by the Identity Documents Act 2010.
The Bill was amended by the Public Bill Committee in May 2011
The original Bill had seven parts when introduced in February, 2011.
Part 1: "Regulation of Biometric Data"
- Chapter 1 makes provision in respect of the destruction, retention, and use of fingerprints, footwear impressions and DNA samples. In addition it covers profiles taken in the course of a criminal investigation. Under the new scheme provided for in this Chapter, the fingerprints and DNA profiles taken from persons arrested for or charged with a minor offence will be destroyed following either a decision not to charge or following acquittal.
- This Part amends or omits Sections from the Police and Criminal Evidence Act 1984Police and Criminal Evidence Act 1984The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
, and Crime and Security Act 2010, relating to the retention of fingerprints.
- Section 24 of Chapter 1 instructs the Secretary of State to make arrangements for a "National DNA Database Strategy Board" to oversee the operation of a DNA database.
- Chapter 2 would require schools and colleges to obtain consent of each parent of a child under 18 for acquiring and processing the child's biometric information.
Part 2: "Regulation of Surveillance"
- Chapter 1 creates new regulation for, and instructs the Secretary of State to prepare a code of practice towards, closed-circuit televisionClosed-circuit televisionClosed-circuit television is the use of video cameras to transmit a signal to a specific place, on a limited set of monitors....
and automatic number plate recognitionAutomatic number plate recognitionAutomatic number plate recognition is a mass surveillance method that uses optical character recognition on images to read the license plates on vehicles. They can use existing closed-circuit television or road-rule enforcement cameras, or ones specifically designed for the task...
. Chapter 2 amends the Regulation of Investigatory Powers Act 2000Regulation of Investigatory Powers Act 2000The Regulation of Investigatory Powers Act 2000 is an Act of the Parliament of the United Kingdom, regulating the powers of public bodies to carry out surveillance and investigation, and covering the interception of communications...
.
Part 3: "Protection of Property from Disproportionate Enforcement Action"
- Chapter 1 reforms and repeals aspects of the powers to enter land and to review existing powers of entry legislation. It would implement restrictions as to the premises over which the power may be exercised, who can exercise them, and which conditions can be satisfied for them to be exercised.
- Chapter 2 makes a criminal offence the clampingWheel clampA wheel clamp, also known as wheel boot or Denver boot, is a device that is designed to prevent vehicles from being moved. In its most common form, it consists of a clamp that surrounds a vehicle wheel, designed to prevent removal of both itself and the wheel.In the United States, these devices...
or moving of a vehicle on private land. Section 99 of the Road Traffic Regulation Act 1984Road Traffic Regulation Act 1984The Road Traffic Regulation Act 1984 is an Act of Parliament in the United Kingdom, which provided powers to regulate or restrict traffic on UK roads, in the interest of safety. It superseded some earlier legislation, including the majority of the Road Traffic Regulation Act 1967...
is amended to extend and amend the powers of moving vehicles parked illegally or dangerously.
- Clamping of vehicles and provisions relating to charging registered keepers of vehicles where a contract has been entered into with landowners or their agents, dealt with by Clauses 54-56 and Schedule 4 of the Act. These would have the effect of making it possible for clients to attempt to reclaim unpaid 'parking charges' from the registered keeper of a vehicle in cases where it is not known who was driving at the time of the charge notice being issued. Clamping would be unlawful on private car-parks unless entrances are barriered
Part 4: "Counter-Terrorism Powers"
- Clause 57 reduces the pre-detention of terorist suspects to a maximum of 14 days.
- Removes the 'stop and search' regulations of the Terrorism Act 2000Terrorism Act 2000The Terrorism Act 2000 is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism Act 1989 and the Northern Ireland Act 1996...
and reforms the operation of the power to search people and vehicles, in addition to creating new Code of Practice rules in respect to these powers.
Part 5: "Safeguarding Vulnerable Groups, Criminal Records etc."
- Chapters 1 and 2 amends the Safeguarding Vulnerable Groups Act 2006Safeguarding Vulnerable Groups Act 2006The Safeguarding Vulnerable Groups Act 2006 is an Act of the Parliament of the United Kingdom. It was created following the UK Government accepting recommendation 19 of the inquiry headed by Sir Michael Bichard, which was set up in the wake of the Soham Murders.The Safeguarding Vulnerable Groups...
and Police Act 1997 with regards to carers and Criminal Records Bureau checks. The Bill also proposes removing the Controlled Activity and Monitoring sections from the Safeguarding of Vulnerable Groups Act.
- Chapter 3 creates a new body corporate to be known as the "Disclosure and Barring Service", which would adopt some functions currently held by the Independent Safeguarding AuthorityIndependent Safeguarding AuthorityThe Independent Safeguarding Authority is a British non-departmental public body created by the Labour Government 2007-2010. The tabloid media campaign and the decision to set up the ISA followed an inquiry headed by Sir Michael Bichard that was set up in the wake of the Soham Murders...
.
- Chapter 4 allows people to apply for the Secretary of State to disregard criminal convictions for homosexual acts by consenting adults under section 12 of the Sexual Offences Act 1956Sexual Offences Act 1956The Sexual Offences Act 1956 is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed by the Sexual Offences Act 2003 which replaced it, but sections 33 to 37 still survive. The 2003 Act...
, or the "gross indecency between men" section of that Act. Clause 86 confirms the effect of a successful application would ensure the person is considered as having not committed, nor been charged, prosecuted or convicted of a homosexual act.
Part 6: "Freedom of Information and Data Protection"
- This part extends the existing Freedom of Information Act 2000Freedom of Information Act 2000The Freedom of Information Act 2000 is an Act of Parliament of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation in the United Kingdom on a national level...
, extending the scope of the Act and amending the role of the Information CommissionerInformation CommissionerThe role of Information Commissioner differs from nation to nation. Most commonly it is a title given to a government regulator in the fields of freedom of information and the protection of personal data in the widest sense.-Canada:...
. This includes widening the rules on applying for and receiving datasets from public authorities for re-use.
Part 7: "Miscellaneous and General"
- Clause 105 repeals section 43 of the Criminal Justice Act 2003Criminal Justice Act 2003The Criminal Justice Act 2003 is an Act of the Parliament of the United Kingdom. It is a wide ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland....
which makes provision for trials on indictment to be conducted 'without a jury' in certain fraud cases. Sections 44-50 of that Act which make provision for trials on indictment to be conducted 'without a jury' where there is a danger of jury tampering, will not be affected by the Bill. - Clause 106 repeals the restrictions that prohibit solemnizing marriages and civil partnerships during evenings and at night. Since the Marriage Act 1836Marriage Act 1836The Act for Marriages in England 1836 6&7WmIV, c85 was an act that legalised the concept of civil marriage into England and Wales from 1 January 1837....
it has been forbidden to marry between the hours of six in the evening and eight in the morning.