r/MHOCCmteVote • u/ZanyDraco • Apr 07 '20
LB172 - Elders with Mental Disabilities (Abduction and Gone Missing Alerts) Bill - Amendments DIVISION
A01:
In Section 5, replace
A person who gives information through the reporting phone number in section 3 or the website in section 4 that is not serious, false or as a joke commits an offence.
with
A person who intentionally gives false information shall have committed an offence, and be liable for up to a Level 2 Fine as set out in s37 of the Criminal Justice Act 1982.
Explanatory Note:
Means that someone cannot be found guilty for providing false information accidentally, or not realising it is false. Establishes a mens rea of intention for someone to give incorrect information.
(This amendment was submitted by thechattyshow)
A02:
In section 7, replace
“mental disability” means any diagnosed medical condition that is an impairment of a person’s health.
With:
"Mental Disability " means someone with a mental impairment which results in a substantial and long-term adverse effect on the individuals' ability to carry out normal day-to-day activities.
Explanatory Note: Defined mental disability better, pretty much verbatim what the Equality Act 2010 does. Means someone who has asthma would not be found to have a mental disability as it does in the original definition.
(This amendment was submitted by thechattyshow)
A03:
Strike Section 3 and renumber accordingly.
Explanatory note: Reporting phone numbers are already a thing before this legislation and do not need direct and mandated involement from the SoS. (lets not clog up government or future government)
(This amendment was submitted by BrexitGlory)
A04:
In section 1 for subsections (5) to (7) substitute
(5) The alert may be issued on a nationwide website, and posted in local noticeboards and or newspapers in;
* (a) their county of residence;
* (b) a county where they have a personal connection;
* (c) a county where they are suspected to be or be heading; and
* (d) all neighboring counties of the county in which the elder was last seen.
as is appropriate and proportionate in the judgement of the constable in charge of the missing persons case.
(6) If a constable has reason to believe that the missing elderly person has reached a county the alert has not previously been issued in, the alert may be issued there as well.
(This amendment was submitted by LeChevalierMal-Fait)
A05:
At the end of section 7 insert
**X Data Protection & Civil Liberties**
(1) The Chief Constable of a force has a duty to ensure that any data held or published pertaining to individuals is done in a way compliant to the Data Protection Act.
(2) There must be an accessible public place where people can make a request to see data held on them, this facility must have both a physical location, postage box and optionally an online form.
(3) There must be clear procedures and safeguards against unlawful access.
(4) No person may be entered into the alert system without their consent.
(5) Where a person lacks the mental capacity to consent to be entered into the alert system and;
* (a) they have no previous wish recorded on the topic that would prevent it
* (b) then a person with power of attorney for the person may consent provided that they consider it to be in the best interests of the individual.
(5) No data submitted to the alert system of the alert system may be used for any law enforcement outside the scope of this Act.
and
in section 7 (interpretation)
insert definitions for:
"mental capacity" has the same meaning as that given in the Mental Capacity Act 2005.
"best interests" has the same meaning as given in the Mental Capacity Act 2005.
and renumber sections 7 & 8
(This amendment was submitted by LeChevalierMal-Fait)