Protection of Freedoms Bill 2011

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.^[1]

The Bill was amended by the Public Bill Committee in May 2011^[2]

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 1984, 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.

Chapter 1 creates new regulation for, and instructs the Secretary of State to prepare a code of practice towards, closed-circuit television and automatic number plate recognition. Chapter 2 amends the Regulation of Investigatory Powers Act 2000.

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 clamping or moving of a vehicle on private land. Section 99 of the Road Traffic Regulation Act 1984 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^[3] ^[4]

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 2000 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.

Chapters 1 and 2 amends the Safeguarding Vulnerable Groups Act 2006 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 Authority.

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 1956, 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.

This part extends the existing Freedom of Information Act 2000, extending the scope of the Act and amending the role of the Information Commissioner. This includes widening the rules on applying for and receiving datasets from public authorities for re-use.

Clause 105 repeals section 43 of the Criminal Justice Act 2003 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 1836 it has been forbidden to marry between the hours of six in the evening and eight in the morning.^[5]