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| | Protection of Freedoms Bill
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| | On Consideration of Lords Amendments to the Protection of Freedoms Bill
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| | Secretary Theresa May | Agreed to |
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| | To move, That this House disagrees with the Lords in their Amendment. |
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| | | Lords Amendment No. 16 accordingly disagreed to. |
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| | Secretary Theresa May | Agreed to |
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| | To move, That this House disagrees with the Lords in their Amendment. |
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| | | Lords Amendment No. 17 accordingly disagreed to. |
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| | Secretary Theresa May | Agreed to |
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| | To move, That this House disagrees with the Lords in their Amendment. |
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| | | Lords Amendment No. 18 accordingly disagreed to. |
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| | As Amendments to the Lords Amendment:— |
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| | Line 21, [Inserted section 2A(3), second line] at end insert ‘inter alia—’. |
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| | | Negatived on division (b) |
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| | Line 31, [Inserted section 2A(3)(g)] at end insert— |
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| | | ‘(h) | or acting in any other way that would cause a reasonable person to suffer |
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| | | (3A) | The Secretary of State may by regulation add further forms of conduct to |
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| | Line 32, [Inserted section 2A(4), first line] leave out from ‘liable’ to end of line |
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| | | ‘(a) | on summary conviction, to imprisonment for a term not exceeding 51 |
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| | | weeks, or a fine not exceeding level 5 on the standard scale, or both, |
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| | | (b) | on conviction on indictment, to imprisonment for a term not exceeding |
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| | | five years, or a fine, or both.’. |
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| | Line 40, [Inserted section 4A, title] at end insert ‘or serious alarm or distress’. |
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| | Line 40, [Inserted section 4A, title] at end insert ‘or causing fear, alarm, distress |
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| | Line 43, [Inserted section 4A(1)(b), first line] after ‘(b)’, insert ‘either— |
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| | Line 44, [Inserted section 4A(1)(b), second line] at end insert ‘or |
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| | | (ii) | causes B serious alarm or distress which has a substantial |
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| | | adverse effect on B’s usual day-to-day activities,’. |
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| | Line 44, [Inserted section 4A(1)(b), second line] at end insert ‘or cause B to suffer |
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| | fear, alarm, distress or anxiety.’. |
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| | Line 46, [Inserted section 4A(1), sixth line] at end insert ‘or (as the case may be) |
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| | will cause such alarm or distress’. |
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| | Line 48, [Inserted section 4A(2), second line] after second ‘B’, insert ‘or cause B |
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| | to suffer fear, alarm, distress or anxiety’. |
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| | Line 51, [Inserted section 4A(2), fifth line] at end insert— |
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| | | ‘(2A) | For the purposes of this section A ought to know that A’s course of conduct will |
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| | | cause B serious alarm or distress which has a substantial adverse effect on B’s |
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| | | usual day-to-day activities if a reasonable person in possession of the same |
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| | | information would think the course of conduct would cause B such alarm or |
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| | | Lords Amendment No. 51, as amended, agreed to. |
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| | As an Amendment to the Lords Amendment:— |
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| | Line 28, [Inserted section 2B(1)(d)(ii), third line] at end insert— |
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| | | ‘(1A) | Where a person has been arrested under section 2 or 2A of the Protection from |
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| | | Harassment Act 1997, a constable may enter and search any premises occupied |
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| | | or controlled by the arrested person, if that constable has reasonable grounds for |
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| | | suspecting that there is on the premises evidence, other than items subject to legal |
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| | | privilege, that relates to that offence.’. |
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| | | Lords Amendments No. 52, 59 and 68 agreed to. |
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| | As Amendments to the Lords Amendment:— |
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| | Line 22, [Inserted section 141B(2)(b)(ii)] leave out ‘by stalking or otherwise’ and |
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| | insert ‘and stalking involving fear of violence or serious alarm or distress’. |
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| | Line 41, [Inserted section 141D(b)(ii)] leave out ‘by stalking or otherwise’ and |
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| | insert ‘and stalking involving fear of violence or serious alarm or distress’. |
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| | Line 46, [Inserted section 141E(b)] leave out ‘by stalking or otherwise’ and insert |
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| | ‘and stalking involving fear of violence or serious alarm or distress’. |
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| | | Lords Amendment No. 133, as amended, agreed to. |
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| | | Lords Amendments Nos. 1 and 2 accordingly agreed to. |
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| | As an Amendment to the Lords Amendment:— |
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| | Line 7, [Subsection (2B), third line] at end insert— |
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| | | ‘(2C) | Sections 63D to 63T do not apply to material taken from persons arrested for, or |
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| | | charged with, an offence to which the Sexual Offences Act 2003 applies.’. |
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| | | Lords Amendments Nos. 3 to 8 agreed to. |
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| | As an Amendment to the Lords Amendment:— |
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| | Line 3, [Paragraph (a), second line] leave out ‘and’ and insert ‘or’. |
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| | | Lords Amendments Nos. 9 to 15 agreed to. |
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| | | Lords Amendments Nos. 19 to 26 agreed to. |
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| | As an Amendment to the Lords Amendment:— |
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| | Line 4, [Inserted subsection (6ZA), third line] after ‘Parliament’, insert ‘and |
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| | make a statement to each House of Parliament’. |
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| | | Lords Amendment No. 27 agreed to. |
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| | To move, That this House disagrees with the Lords in their Amendment. |
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| | To move the following Amendment to the Bill in lieu of the Lords Amendment:— |
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| | Page 44, line 46, at end insert— |
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| | | ‘(6C) | Subsections (6A) and (6B) apply to any order made under paragraph 38 of |
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| | | Schedule 8, including orders to revoke provisions under paragraph 38 of |
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| | | Lords Amendments Nos. 28 and 29 agreed to. |
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| | As an Amendment to the Lords Amendment:— |
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| | | Negatived on division (a) |
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| | Line 3, [Subsection (2C), second line] leave out from first ‘to’ to end of line 5 and |
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| | insert ‘constant monitoring by an individual engaged in a regulated activity who |
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| | is on the same site and able to maintain close visual and audio contact with the |
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| | individual who is under supervision.’. |
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| | | Lords Amendment No. 30 agreed to. |
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| | As an Amendment to the Lords Amendment:— |
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| | Line 3, [Inserted subsection (3BA), second line] leave out from first ‘to’ to end of |
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| | line 5 and insert ‘constant monitoring by an individual engaged in a regulated |
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| | activity who is on the same site and able to maintain close visual and audio |
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| | contact with the individual who is under supervision.’. |
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| | | Lords Amendments Nos. 31 to 47 agreed to. |
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| | As an Amendment to the Lords Amendment:— |
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| | Line 9, [Inserted paragraph (b), second line] at end insert— |
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| | | ‘(c) | inclusion on a barred list under the provisions of section 2 of the |
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| | | Safeguarding Vulnerable Groups Act 2006.’. |
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| | | Lords Amendment No. 48 agreed to. |
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| | As an Amendment to the Lords Amendment:— |
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| | Line 56, [After inserted section 59A(7)] at end insert— |
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