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My Lords, this order was laid before Parliament on 21 October and seeks to remove the requirement for the penalty notice for disorder—or PND, as it is widely known—form to be prescribed by law. Penalty notice disposal provides the police with a quick and effective way of punishing minor nuisance...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
15 December 2009
Reference
715 c128-9GC
House
House of Lords

As I understand it, it goes on to the police national computer and may also go onto a local police database. Motion agreed.

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
15 December 2009
Reference
715 c133GC
House
House of Lords

That the Grand Committee do report to the House that it has considered the Legislative Reform (Revocation of Prescribed Form of Penalty Notice for Disorderly Behaviour) Order 2009 Relevant document: 18th Report, Session 2008–09, from the Regulatory Reform Committee

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
15 December 2009
Reference
715 c128GC
House
House of Lords

I am grateful to the noble Lord and the noble Baroness for their contributions, particularly to the noble Baroness for her support for this measure. Penalty notices were introduced as part of the Government’s strategy to tackle low-level anti-social and nuisance behaviour. We believe that they enable the police to...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
15 December 2009
Reference
715 c131-2GC
House
House of Lords

I would be grateful if the noble Lord could take that on board and give an assurance that he will make a submission to the review that it should be considered as a highly desirable practice.

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
15 December 2009
Reference
715 c133GC
House
House of Lords

I am afraid that I cannot guarantee that will be done. I can guarantee that I will pass back the idea so that it is discussed by the review. I am grateful to the noble Lord for the suggestion.

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
15 December 2009
Reference
715 c133GC
House
House of Lords

In those circumstances, would it not be highly desirable that those consequences should appear on the form? After all, the purpose of the form is not for the police officer to collect the money there and then but for the individual to take that form away, and he then has...

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
15 December 2009
Reference
715 c132GC
House
House of Lords

The noble Lord makes a fair point. Of course, the individual has the 21 days in which he or she can, if they so choose, take legal advice. They may choose not to do so. The review is just beginning. I invite the noble Lord to put into the review—indeed,...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
15 December 2009
Reference
715 c132GC
House
House of Lords

I am not quite sure what the Minister said about the database. Does the order mean that if you get a ticket, in whatever form, it goes onto a separate database, or does it go onto a general police database?

Member
Baroness Seccombe (Conservative)
Type
Proceeding contributions
Date
15 December 2009
Reference
715 c133GC
House
House of Lords

My Lords, this gives us an opportunity to look at what a penalty notice should contain. One of the major problems arising under fixed penalty notices, which we have always opposed in my party, is that they allow what amounts to an offence brought to justice to be recorded against...

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
15 December 2009
Reference
715 c130-1GC
House
House of Lords

My Lords, I thank the Minister for not only the detailed explanation but his demonstration in producing one of the necessary books. As he explained in his introduction, these penalty notices for disorder—I shall refer to them, as did the Minister, as PNDs—are a way of dealing with minor criminal...

Member
Baroness Seccombe (Conservative)
Type
Proceeding contributions
Date
15 December 2009
Reference
715 c129-30GC
House
House of Lords

Draft Legislative Reform (Revocation of Prescribed Form of Penalty Notice for Disorderly Behaviour) Order 2009. Lords debate on a motion to consider. Agreed to on question. Grand Committee held in the Moses Room.

Lead member
Lord Bach
Answering member
Baroness Seccombe
Department
Ministry of Justice
Type
Debates on delegated legislation
Date
15 December 2009
Reference
715 c128-33GC
House
House of Lords

To ask the Secretary of State for Justice what estimate he has made of the cost to the public purse of (a) developing and (b) implementing the new PentiP computer system.

Asked by
Baroness McIntosh of Pickering (Conservative)
Answering body
Home Office
Type
Written questions
Status
Answered
Date
14 December 2009
Reference
502 c799-800W; 305223
House
House of Commons

To ask the Secretary of State for Justice what estimate he has made of the annual running costs of the new PentiP computer system in each of the next three years.

Asked by
Baroness McIntosh of Pickering (Conservative)
Answering body
Home Office
Type
Written questions
Status
Answered
Date
14 December 2009
Reference
502 c799W; 305222
House
House of Commons

To ask the Secretary of State for Justice which penalty notices for disorder are recorded on the Police National Computer.

Asked by
Baroness McIntosh of Pickering (Conservative)
Answering body
Home Office
Type
Written questions
Status
Answered
Date
14 December 2009
Reference
502 c799W; 305221
House
House of Commons

To ask the Secretary of State for Justice which penalty notices for disorder will be recorded on the PentiP computer system.

Asked by
Baroness McIntosh of Pickering (Conservative)
Answering body
Home Office
Type
Written questions
Status
Answered
Date
14 December 2009
Reference
502 c799W; 305220
House
House of Commons

To ask the Secretary of State for Children, Schools and Families whether ContactPoint users are trained in the detection and removal of malware.

Asked by
Tim Loughton (Conservative)
Answering body
Department for Children, Schools and Families
Type
Written questions
Status
Answered
Date
14 December 2009
Reference
502 c675-6W; 304655
House
House of Commons
We are bringing forward proposals in the Crime and Security Bill to address the concerns of the European Court of Human Rights. We are introducing measures regarding children that we believe are more proportionate and that will meet the Court's requirements, but it is important to recognise that the presence of the DNA of people who have been arrested but not convicted forms an important part of the DNA database, which helps to detect up to 40,000 crimes a year.
Answered by
Alan Campbell (Labour)
Answering body
Home Office
Type
Oral answers to questions
Date
14 December 2009
Reference
502 c622
House
House of Commons
In the past 12 months, 98 under-10s were removed, and 350 individuals in England and Wales, under the exceptional case procedure.
Answered by
Alan Campbell (Labour)
Answering body
Home Office
Type
Oral answers to questions
Date
14 December 2009
Reference
502 c622
House
House of Commons
The Scottish model was not based on any research because none was available at the time. The hon. Gentleman talked about deletion after three years and used the word "normally". In fact, it can be three years plus two years, plus two years ad infinitum. Thus, by comparison, that system could for some people be more draconian than our proposals. It is also based on keeping samples rather than profiles, which is one of the most significant criticisms that the European Court made.
Answered by
Alan Campbell (Labour)
Answering body
Home Office
Type
Oral answers to questions
Date
14 December 2009
Reference
502 c622-3
House
House of Commons