Session 2014 - 15
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1161

 

House of Commons

 
 

Monday 1 December 2014

 

Consideration of Lords Amendments

 

Criminal Justice and Courts Bill


 

On Consideration of Lords Amendments to the Criminal Justice and Courts Bill

 


 

Note

 

The Amendments have been arranged in accordance with the Criminal Justice

 

and Courts Bill Programme (No. 3) to be proposed by Secretary Chris Grayling.

 


 

Lords Amendment No. 97

 

Secretary Chris Grayling

 

To move, That this House disagrees with the Lords in their Amendment.

 

 


 

Lords Amendment No. 98

 

Secretary Chris Grayling

 

To move, That this House disagrees with the Lords in their Amendment.

 

 



 
 

Consideration of Lords Amendments: 1 December 2014        

1162

 

Criminal Justice and Courts Bill, continued

 
 

Lords Amendment No. 99

 

Secretary Chris Grayling

 

To move, That this House disagrees with the Lords in their Amendment.

 

 


 

Lords Amendment No. 100

 

Secretary Chris Grayling

 

To move, That this House disagrees with the Lords in their Amendment.

 

 


 

Lords Amendment No. 101

 

Secretary Chris Grayling

 

To move, That this House disagrees with the Lords in their Amendment.

 

 


 

Lords Amendment No. 102

 

Secretary Chris Grayling

 

To move, That this House disagrees with the Lords in their Amendment.

 

 



 
 

Consideration of Lords Amendments: 1 December 2014        

1163

 

Criminal Justice and Courts Bill, continued

 
 

Lords Amendment No. 103

 

Secretary Chris Grayling

 

To move, That this House disagrees with the Lords in their Amendment.

 

 


 

Lords Amendment No. 104

 

Secretary Chris Grayling

 

To move, That this House disagrees with the Lords in their Amendment.

 

 


 

Lords Amendment No. 105

 

Secretary Chris Grayling

 

To move, That this House disagrees with the Lords in their Amendment.

 

 


 

Lords Amendment No. 106

 

Secretary Chris Grayling

 

To move, That this House disagrees with the Lords in their Amendment.

 

 


 

Lords Amendment No. 107

 

Secretary Chris Grayling

 

To move, That this House disagrees with the Lords in their Amendment.


 
 

Consideration of Lords Amendments: 1 December 2014        

1164

 

Criminal Justice and Courts Bill, continued

 
 

Secretary Chris Grayling

 

To move the following Amendment to the Bill in lieu of the Lords Amendment:—

 

Secretary Chris Grayling

 

(a)

 

Page  67,  line  22,  leave out subsection (1) and insert——

 

“(1)    

This section applies where—

 

(a)    

a person is granted permission to file evidence or make representations in

 

judicial review proceedings, and

 

(b)    

at that time, the person is not a relevant party to the proceedings.

 

(1A)    

That person is referred to in this section as an “intervener”.”

 

Secretary Chris Grayling

 

(b)

 

Page  67,  line  30,  leave out subsection (4) and insert—

 

“(4)    

On an application to the High Court or the Court of Appeal by a relevant party to

 

the proceedings, if the court is satisfied that a condition described in subsection

 

(4A) is met in a stage of the proceedings that the court deals with, the court must

 

order the intervener to pay any costs specified in the application that the court

 

considers have been incurred by the relevant party as a result of the intervener’s

 

involvement in that stage of the proceedings.

 

(4A)    

Those conditions are that—

 

(a)    

the intervener has acted, in substance, as the sole or principal applicant,

 

defendant, appellant or respondent;

 

(b)    

the intervener’s evidence and representations, taken as a whole, have not

 

been of significant assistance to the court;

 

(c)    

a significant part of the intervener’s evidence and representations relates

 

to matters that it is not necessary for the court to consider in order to

 

resolve the issues that are the subject of the stage in the proceedings;

 

(d)    

the intervener has behaved unreasonably.”

 

Secretary Chris Grayling

 

(c)

 

Page  67,  line  44,  at end insert—

 

    

“and the proceedings described in paragraphs (a) to (d) are “stages” of judicial

 

review proceedings.”

 

Secretary Chris Grayling

 

(d)

 

Page  68,  line  3,  leave out from beginning to “directly” in line 6 and insert—

 

“(a)    

a person who is or has been an applicant or defendant in the proceedings

 

described in subsection (7)(a), (b) or (c);

 

(b)    

a person who is or has been an appellant or respondent in the proceedings

 

described in subsection (7)(d);

 

(c)    

any other person who is or has been”


 
 

Consideration of Lords Amendments: 1 December 2014        

1165

 

Criminal Justice and Courts Bill, continued

 
 

Secretary Chris Grayling

 

(e)

 

Page  68,  line  8,  at end insert—

 

“( )    

If a person who is an intervener in judicial review proceedings becomes a relevant

 

party to the proceedings, the person is to be treated for the purposes of subsections

 

(2) and (4) as having been a relevant party, rather than an intervener, at all times

 

when involved in the proceedings.”

 

 


 

Lords Amendment No. 74

 

Secretary Chris Grayling

 

To move, That this House disagrees with the Lords in their Amendment.

 

 

 

CRIMINAL JUSTICE AND COURTS BILL: PROGRAMME (NO. 3) MOTION

 

Secretary Chris Grayling

 

That the following provisions shall apply to the Criminal Justice and Courts Bill for the

 

purpose of supplementing the Order of 24 February 2014 in the last Session of Parliament

 

(Criminal Justice and Courts Bill (Programme)) as varied by the Order of 12 May 2014

 

in that Session (Criminal Justice and Courts Bill (Programme) (No. 2)):

 

Consideration of Lords Amendments

 

1.    

Proceedings on consideration of Lords Amendments shall (so far as not

 

previously concluded) be brought to a conclusion at 10.00pm at today‘s

 

sitting.

 

2.    

The proceedings shall be taken in the order shown in the first column of the

 

following Table.

 

3.    

The proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at the times specified in the second column of the Table.

 

 

TABLE

 

Lords Amendments

Time for conclusion of

 
  

proceedings

 
 

Nos 97 to 107

7.00pm

 
 

Nos. 74 and 127 to 131

8.30pm

 
 

Nos. 1 to 73, 75 to 96, 108 to

10.00pm

 
 

126 and 132 to 143

  

 
 

Consideration of Lords Amendments: 1 December 2014        

1166

 

Criminal Justice and Courts Bill, continued

 
 

Subsequent stages

 

4.    

Any further message from the Lords may be considered forthwith without

 

any Question being put.

 

5.    

The proceedings on any further message from the Lords shall (so far as not

 

previously concluded) be brought to a conclusion one hour after their

 

commencement.

 


 
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