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NEW CLAUSES RELATING TO PARTS 4 AND 5
Caroline Flint
Added NC28
| | To move the following Clause:— |
| `(1) | A person commits an offence if he enters, or is on, any designated Scottish site without lawful authority. |
| (2) | A "designated Scottish site" means a site in Scotland— |
| (a) | specified or described (in any way) in an order made by the Secretary of State or by the Scottish Ministers, and |
| (b) | designated for the purposes of this section by the order. |
| (3) | The Secretary of State may only designate a site for the purposes of this section if it appears to him that it is appropriate to designate the site in the interests of national security. |
| (4) | The Scottish Ministers may only designate a site for the purposes of this section if— |
| (a) | it is comprised in Crown Land; or |
| (b) | it is comprised in land belonging to Her Majesty in Her private capacity or to the immediate heir to the Throne in his private capacity. |
| (5) | It is a defence for a person charged with an offence under this section to prove that he did not know, and had no reasonable cause to suspect, that the site in relation to which the offence is alleged to have been committed was a designated Scottish site. |
| (6) | A person guilty of an offence under this section is liable on summary conviction— |
| (a) | to imprisonment for a term not exceeding 12 months, or |
| (b) | to a fine not exceeding level 5 on the standard scale, |
or to both.
| (7) | For the purposes of subsection (1), a person who is on any designated Scottish site without lawful authority does not acquire lawful authority by virtue of being allowed time to leave the site. |
| (a) | "site" means the whole or part of any building or buildings, or any land, or both; |
| (b) | "Crown land" means land in which there is a Crown interest. |
| (9) | For this purpose "Crown interest" means an interest belonging to Her Majesty in right of the Crown.'. |
Caroline Flint
Added NC29
| | To move the following Clause:— |
| `(1) | Section 1 of the Land Reform (Scotland) Act 2003 (asp 2) (access rights) does not apply to land in respect of which a designation order is in force. |
| (2) | The Secretary of State may take such steps as he considers appropriate to inform the public of the effect of any designation order made by him. |
| (3) | The Scottish Ministers may take such steps as they consider appropriate to inform the public of the effect of any designation order made by them. |
| (4) | The steps referred to in subsections (2) and (3) may include, in particular, displaying notices on or near the site to which the order in question relates. |
| (5) | But the Secretary of State or (as the case may be) the Scottish Ministers may only— |
| (a) | display any such notice, or |
| (b) | take any other steps under subsection (2) or (3), |
in or on any building or land, if the appropriate person consents.
| (6) | The "appropriate person" is— |
| (a) | a person appearing to the Secretary of State or (as the case may be) to the Scottish Ministers to have a sufficient interest in the building or land to consent to the notice being displayed or the steps being taken, or |
| (b) | a person acting on behalf of such a person. |
| (7) | In this section a "designation order" means an order under section [Corresponding Scottish offence].' |
Caroline Flint
Added NC30
| | To move the following Clause:— |
`Schedule (Parental compensation orders) is to have effect.'.
Maiming, etc. through use of motor vehicle
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not moved NC10
| | To move the following Clause:— |
| | `Any person being the driver of a mechanically-propelled vehicle on a road or other place to which the public have access, who wilfully or intentionally uses that vehicle to maim or harm, or cause alarm or distress to another person, shall be guilty of an offence.'. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not moved NC11
| | To move the following Clause:— |
| `(1) | In the Police Act 1996 (c. 16), section 59 (Police Federations) is amended as follows. |
| (2) | After subsection (8) insert— |
"(9) The Secretary of State may by regulations extend the scope of those persons who may be represented by the Police Federation for England and Wales, to such other class of persons employed in the police service in England and Wales as the Secretary of State may determine, subject to the agreement of the Police Federation.
| (13) | Regulations under subsection (9) may contain such supplementary and transitional provisions as appear to the Secretary of State to be appropriate. |
| (14) | Before making any regulations under the section the Secretary of State shall consult the three central committees of the Police Federation, sitting together as a joint committee. |
| (15) | A statutory instrument containing regulations under subsection (8) shall be subject to annulment in pursuance of resolution of either House of Parliament.".'. |
Mr David Heath
Dr Evan Harris
Not called NC15
| | To move the following Clause:— |
| | `After section 164 of the Road Traffic Act 1988 (c. 52) insert— |
"164A Power of constables to seize vehicles driven without a valid licence
| (1) | Subsection (3) applies where— |
| (a) | a contable in uniform requires, under section 164, a person to produce his licence for examination, |
| (b) | the person fails to produce such a licence, and |
| (c) | the constable has reasonable grounds for believing that the vehicle is being, or has been, driven in contravention of section 87. |
| (2) | Subsection (3) also applies where— |
| (a) | a constable in uniform requires, under section 163, a person driving a motor vehicle to stop the vehicle, |
| (b) | the person fails to stop the vehicle, or to stop the vehicle long enough for the constable to make such lawful enquiries as he considers appropriate, and |
| (c) | the constable has reasonable grounds for believing that the vehicle is being, or has been, driven in contravention of section 87. |
| (3) | Where this subsection applies, the constable may— |
| (a) | seize the vehicle in accordance with subsections (4) and (5) and remove it; |
| (b) | enter, for the purpose of exercising a power falling within paragraph (a), any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be; |
| (c) | use reasonable force, if necessary, in the exercise of any power conferred by paragraph (a) or (b). |
| (4) | Before seizing the motor vehicle, the constable must warn the person appearing to drive, or have driven, the vehicle in contravention of section 87 that he will seize it if the person does not provide him immediately with evidence that he holds a valid licence. |
| | But the constable is not required to give such a warning if the circumstances make it impracticable for him to do so. |
| (5) | If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, he may seize it at any time within the period of 24 hours beginning with the time at which the conditions in subsection (1) or (2) are first met. |
| (6) | The powers conferred on a constable by this section are exercisable only at a time when regulations under section 164B are in force. |
| (a) | a reference to a motor vehicle does not include an invalid carriage; |
| (b) | a reference to a licence is a reference to a document or other evidence within section 98; |
| (c) | `private dwelling house' does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house. |
164B Retention etc. of vehicles seized under section 164A
| (1) | The Secretary of State may by regulations make provisions as to— |
| (a) | the removal and retention of motor vehicles seized under section 164A; and |
| (b) | the release and disposal of such motor vehicles. |
| (2) | Regulations under subsection (1) may, in particular, make provision— |
| (a) | for the giving of notice of the seizure of a motor vehicle under section 164A to a person who is the registered keeper, the owner or the driver of that vehicle; |
| (b) | for the procedure by which a person who claims to be the registered keeper or the owner of a vehicle seized under section 164A may seek to have it released; |
| (c) | for requiring the payment, by the registered keeper, owner or driver of the vehicle, of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release; |
| (d) | as to the circumstances in which a motor vehicle seized under section 164A may be disposed of; |
| (e) | as to the destination— |
| (i) | of any fees or charges payable in accordance with the regulations; |
| (ii) | of the proceeds (if any) arising from the disposal of a motor vehicle seized under section 164A; |
| (f) | for the delivery to a local authority, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under section 164A. |
| (3) | Regulations under subsection (1) must provide that a person who would otherwise be liable to pay any fee or charge under the regulations is not liable to pay it if— |
| (a) | he was not driving the motor vehicle at the time in question, and |
| (b) | he did not know that the vehicle was being driven at that time, had not consented to its being driven and could not, by the taking of reasonable steps, have prevented it from being driven. |
| (a) | in relation to England, means— |
| (ii) | the council of a district comprised in an area for which there is no county council, |
| (iii) | a London borough council, |
| (iv) | the Common Council of the City of London, or |
| (v) | Transport for London; |
| (b) | in relation to Wales, means the council of a county or county borough; and |
| (c) | in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; |
| | `registered keeper', in relation to a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994.".'. |
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Not called NC17
| | To move the following Clause:— |
| | `In section 17 of the Public Order Act 1986 (meaning of "racial hatred"), at the end there is inserted— |
| "(2) | The threat, abuse or insults that are relevant for the purposes of this Part are not restricted to those that are expressly directed against such a group if— |
| (a) | he threatens those who hold a particular religious belief which is associated (wholly or partly) with the group, and |
| (b) | the threat is likely to stir up hatred of the group.".'. |
Dr Evan Harris
Mr David Heath
Not called (a)
| | Line 6, leave out `he' and insert `a person'. |
Not called (b)
| | Line 6, after `threatens', insert `, abuses or insults'. |
Not called (c)
| | Line 8, after `threat', insert `, abuse or insult'. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called NC18
| | To move the following Clause:— |
| | `The following section is inserted after section 723C of the Companies Act 1985— |
"723CA Individual members' confidentiality orders
| (1) | Subject to the provisions of this section, an individual may make an application under this section to the Secretary of State where the condition in subsection (2) is satisfied. |
| (2) | That condition is that the individual— |
| (a) | is or proposes to become a member of a relevant company; and |
| (b) | considers that the availability for inspection by members of the public of particulars of his name and usual residential or business address creates, or (if an order is not made under this section) is likely to create, a serious risk that he or a person who lives with him or is an employee of his will be subjected to violence or intimidation ("a serious risk"). |
| (3) | Where, on an application made by an individual under this section, the Secretary of State is satisfied that the availability for inspection by members of the public of the particulars of the individual's usual residential address creates or (if an order is not made under this section) is likely to create a serious risk that the individual, or a person who lives with him, or an employee of his will be subjected to violence or intimidation, he shall make an order under this section ("an individual member's confidentiality order") in relation to him. |
| (4) | Otherwise, he shall dismiss the application. |
| (5) | At any time when an individual member's confidentiality order is in force in relation to an individual the name and address of the individual in the register of members of the company which is the subject of the confidentiality order shall not be disclosed to any person who may request either the company or Companies House disclosure of such name and address save in prescribed circumstances. |
| (6) | The Secretary of State shall give the applicant notice of his decision under subsection (3) or (4); and a notice under this subsection shall be given within such period and shall contain such information as may be prescribed. |
| (7) | The Secretary of State may at any time revoke an individual member's confidentiality order if he is satisfied that such conditions as may be prescribed are satisfied.".'. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called NC19
| | To move the following Clause:— |
`The following section is inserted after section 723CA of the Companies Act 1985 as inserted by section [Names and addresses of members of companies: individual application]—
"723CB Company members confidentiality orders
| (1) | Subject to the provisions of this section, a company may make an application under this section to the Secretary of State where the condition in subsection (2) is satisfied. |
| (2) | That condition is that the company considers that the availability for inspection by members of the public of particulars of the names and usual residential or business addresses of the members of the company creates, or (if an order is not made under this section) is likely to create, a serious risk that a member of the company or a person who lives with or is an employee of a member of the company will be subjected to violence or intimidation ("a serious risk"). |
| (3) | Where, on an application made by a company under this section, the Secretary of State is satisfied that the availability for inspection by members of the public of the particulars of that company's members' usual residential addresses creates or (if an order is not made under this section) is likely to create a serious risk that a member, or a person who lives with him, or an employee of his will be subjected to violence or intimidation, he shall make an order under this section ("a company members confidentiality order") in relation the company. |
| (4) | Otherwise, he shall dismiss the application. |
| (5) | At any time when a company members confidentiality order is in force in relation to a company, the name and address of any individual in the register of members of the company that is the subject of the confidentiality order, shall not be disclosed to any person who may request either the company or Companies House disclosure of such names and addresses save in prescribed circumstances. |
| (6) | The Secretary of State shall give the applicant notice of his decision under subsection (3) or (4); and a notice under this subsection shall be given within such period and shall contain such information as may be prescribed. |
| (7) | The Secretary of State may at any time revoke a company members confidentiality order if he is satisfied that such conditions as may be prescribed are satisfied.".'. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called NC20
| | To move the following Clause:— |
| | `The following section is inserted after section 723CB of the Companies Act 1985 as inserted by section [Names and addresses of members of companies: company application]— |
"723CC Chargee confidentiality orders
| (1) | Subject to the provisions of this section, an individual may make an application under this section to the Secretary of State where the condition in subsection (2) is satisfied. |
| (2) | That condition is that the individual— |
| (a) | is or proposes to become a chargee or mortgagee of a relevant company; and |
| (b) | consideres that the availability for inspection by members of the public of particulars of his or its name and usual residential or business address creates, or (if an order is not made under this section) is likely to create, a serious risk that he or a person who lives with him or is an employee of his or it will be subjected to violence or intimidation (`the serious risk'). |
| (3) | Where, on an application made by an individual under this section, the Secretary of State is satisfied that the availability for inspection by members of the public of the particulars of the individual's usual residential or business address in relation to documents required to be held by Companies House or by the company in relation to the charge or mortgage creates or (if an order is not made under this section) is likely to create a serious risk that the individual, or a person who lives with him, or an employee of his will be subjected to violence or intimidation, he shall make an order under this section (`a chargee confidentiality order') in relation to him. |
| (4) | Otherwise, he shall dismiss the application. |
| (5) | Where a chargee confidentiality order is made under subsection (3) above the name and residential or business address of the chargee or mortgagee of the company that is the subject of the confidentiality order shall not be revealed to any person who may request either the company or Companies House access to such name and address save in prescribed circumstances. |
| (6) | The Secretary of State shall give the applicant notice of his decision under subsection (3) or (4); and a notice under this subsection shall be given within such period and shall contain such information as may be prescribed by regulations. |
| (7) | The Secretary of State may at any time revoke a chargee confidentiality order if he is satisfied that such conditions as may be prescribed are satisfied.".'. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called NC21
| | To move the following Clause:— |
| | `The following sections is inserted after section 723CC of the Companies Act 1985 as inserted by section [Addresses of chargees or mortgagees of companies]— |
"723CD Confidentiality orders: associated companies
| (1) | Where a relevant confidentiality order is made in relation to a relevant company and the Secretary of State is satisfied that in relation to another company (`company A') the condition in subsection (2) below applies, he shall extend the operation of the order to that other company or make a further relevant confidentiality order (including a confidentiality order of a different kind) in relation to that other company, as the case may be. |
| (2) | The conditition is that the availability for inspection or disclosure by members of the public of the particulars of the appropriate individual's usual residential or business address in a document relating to company A which is, by virtue of this Act required to be available for such inspection or disclosure, creates (or if an order is not extended or made under this section) is likely to create a serious risk that the individual, or a person who lives with him, or an employee of his will be subject to violence or intimidation. |
| (4) | The Secretary of State shall give the applicant notice of his decision under subsection (1); and a notice under this subsection shall be given within such period and shall contain such information as may be prescribed. |
| (5) | The Secretary of State may at any time revoke a decision or a relevant confidentiality order made under this section if he is satisfied that such conditions as may be prescribed are satisfied.".'. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called NC22
| | To move the following Clause:— |
| `(1) | In section 723C(1) of the Companies Act 1985 (effect of confidentiality orders), the words "that were contained in a document delivered to the registrar after the order came into force" are replaced by "that are contained in a document delivered to the registrar at any time". |
| (2) | In section 723D(3)(b) of that Act (construction of sections 723B and 723C) the words "after the order came into force" are replaced by "at any time". |
| (3) | In section 723B(3), (7), (8)(d), (9), section 723C(1), (6)(a), (7)(a) and 723D(4) of that Act and in the headings to the said sections 723B and 723C, the words "confidentiality order" and "confidentiality orders" are replaced by "director's confidentiality order" and "director's confidentiality orders" as the case may be.".'. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called NC23
| | To move the following Clause:— |
| `(1) | The following amendments are made to the Companies Act 1985. |
| (2) | In section 709(1) (Inspection, etc of records kept by the registrar), "section 723B" is replaced by "sections 723B, 723CA, 723CB, 723CC and 723CD". |
| (3) | In section 356, (inspection of register of members), after subsection (6), the following subsection is inserted— |
| "(7) | Subsections (1) and (6) are subject to sections 723CA and 723CB." |
| (4) | In section 408, (right to inspect instruments which create charges, etc), after subsection (4), the following subsection is inserted— |
| "(5) | Subsections (1) and (4) are subject to sections 723CC.". |
| (5) | In section 723C(4) (effect of confidentiality order), "confidentiality order" is replaced by "relevant confidentiality order". |
| (6) | In section 723D (construction of sections 723B and 723C)— |
| (a) | In subsection (1), "section 723B" is replaced by "sections 723B, 723CA, 723CB, 723CC and 723CD", |
| (i) | "section 723B and 723C" is replaced by "sections 723B, 723C, 723CA, 723CB, 723CC and 723CD", |
| (ii) | the following definition is inserted in the appropriate place— |
| (c) | Subsection (6) is omitted. |
| (7) | In section 723E(1) (offences), "section 723B" is replaced by "sections 723B, 723D, 723E, 723F or 723G".'. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Second reading negatived on division NC26
| | To move the following Clause:— |
| `(1) | A person ("person A") commits an offence under this section if by acting in accordance with subsection (2) he causes financial damage to another person ("person B"), with the purpose of representing to person B, or persuading person B— |
| (i) | that he should not do something that he is legally entitled to do; or |
| (ii) | that he should do something that he is not under any legal obligation to do. |
| (2) | A person acts in accordance with this subsection if those actions— |
| (a) | involve the harassment of or violence against person B or a connected person, or |
| (b) | involve damage to property of person B or a connected person. |
| (3) | A connected person, for the purposes of subsection (2) above, means— |
| (a) | a customer of person B; |
| (b) | a shareholder of person B; |
| (c) | an employee of person B; |
| (d) | a director of person B; |
| (e) | where person B is a partnership, its partners; |
| (f) | a supplier of goods or services to person B; |
| (g) | a supplier of goods or services to persons within paragraph (f) above; |
| (h) | an individual normally residing with any individual falling within paragraphs (a) to (g) above. |
| (4) | A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence within subsection (1) above. |
| (5) | A person guilty of an offence under this section shall be liable— |
| (a) | on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding the statutory maximum, or to both; |
| (b) | on conviction on indictment, to imprisonment for a term not exceeding three years or to a fine, or to both.'. |
Vera Baird
Jim Knight
Ian Lucas
Mr Paul Stinchcombe
Mr Liam Bryne
Withdrawn NC27
| | To move the following Clause:— |
| `(1) | The Road Traffic Act 1988 (c. 52) is amended as follows. |
| | After section 2A (Meaning of dangerous driving) insert— |
"2B Causing death or serious injury by negligent driving
| (1) | A person who causes the death of or serious injury to another person by driving a mechanically propelled vehicle negligently on a road or other public place is guilty of an offence. |
| (2) | A person is to be regarded as suffering serious injury if he suffers injury that is life changing or life threatening or both. |
2C Meaning of negligent driving
| | A person is to be regarded as driving negligently if he drives without due care and attention, or without reasonable consideration for other persons using the road or place." |
| (2) | The Road Traffic Offenders Act 1988 (c. 53) is amended as follows. |
| | In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 2 of the Road Traffic Act 1988 insert a new entry— |
| "RTA section 2B |
Causing death or serious injury by negligent driving | On indictment |
10 years or a fine or both |
Discretionary |
Obligatory |
3-11". |
Dr Evan Harris
Mr David Heath
Not called NC31
| | To move the following Clause:— |
| | `An offence under Part 3 of the Public Order Act 1986 (c. 64) (racial hatred offences) may be committed where the intention is to stir up racial hatred even though the words used refer to a religious group.'. |
Dr Evan Harris
Mr David Heath
Not called NC32
| | To move the following Clause— |
| `(1) | A person commits an offence if, by acting in accordance with subsection (3) and with the necessary intent— |
| (a) | he induces one connected person— |
| (i) | to breach a contract between that connected person and another connected person, or |
| (ii) | to terminate a contract between that connected person and another connected person (whether or not the termination constitutes a breach of the contract), or |
| (b) | he persuades one connected person— |
| (i) | not to enter into a contract with another connected person, or |
| (ii) | not to have commercial dealings (of whatever nature) with another connected person. |
| (2) | No person shall be guilty of an offence under this section— |
| (a) | by virtue of his doing anything in contemplation or furtherance of a trade dispute, |
| (b) | if he is exercising any power conferred on him by any enactment, |
| (c) | if he is acting for the purposes of making a protected disclosure falling within Part IVA of the Employment Rights Act 1996 (protected disclosures). |
| (3) | A person acts in accordance with this subsection if he carries out or threatens any unlawful activity against a connected person (whether or not that person is one of the connected persons mentioned in subsection (1)). |
| (4) | In subsection (1), the necessary intent is the intent to— |
| (a) | prevent, stop or hinder an animal research facility operator or a person who is not, but may become, an animal research facility operator doing something which he is entitled to do, or |
| (b) | persuade an animal research facility operator or a person who is not, but may become, an animal research facility operator to do something which he is not under any obligation to do. |
| (5) | A person guilty of an offence under this section is liable— |
| (a) | on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding the statutory maximum, or to both, |
| (b) | on conviction on indictment, to imprisonment for a term not exceeding three years or to a fine, or to both. |
| | "animal research facility operator" means a person under whose direction or control the following are carried out— |
| (a) | regulated procedures for the purposes of the Animals (Scientific Procedures) Act 1986 (c. 14) ("the 1986 Act"), as described in section 2 of that Act, or |
| (b) | the breeding of protected animals under the authority of a certificate under section 7 of the 1986 Act; |
| (c) | animal research facility operators, |
| (d) | holders of licences under section 4 or 5 of the 1986 Act (personal licences and project licences), persons specified under section 6(5) or 7(5) of the 1986 Act (scientific procedure establishments and breeding and supplying establishments), |
| (e) | suppliers of goods or services to persons falling within paragraphs (a) to (c) or (f) to (k) of this subsection, |
| (f) | suppliers of goods or services to persons falling within paragraph (d) above, |
| (g) | customers of an animal research facility operator, |
| (h) | shareholders in an animal research facility operator (if the operator is a company), |
| (i) | subsidiaries of an animal research facility operator, |
| (j) | companies of which an animal research facility operator is a subsidiary, |
| (k) | trade organisations representing animal research facility operators, |
| (l) | trade unions whose members include employees of any person mentioned in paragraphs (a) to (i) above, |
| (m) | employees of any person mentioned in paragraphs (a) to (i) above, |
| (n) | where the person mentioned in paragraph (a) to (i) above is a company, its directors, |
| (o) | where the person mentioned in paragraph (a) to (f) above is a partnership firm its partners, and |
| (p) | individuals normally residing with any individual falling within paragraph (a) to (g) or (l) to (n) above; |
| | "trade dispute" has the same meaning as in Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992, |
| (7) | The Secretary of State may by order— |
| (a) | add a description of person to the list of connected persons in subsection (6), |
| (b) | remove a description of person from that list, |
| (c) | amend the list in some other way.'. |
Dr Evan Harris
Mr David Heath
Not called NC33
| | To move the following Clause:— |
`Section 27 of the Public Order Act 1986 (c. 64) (procedure and punishment) is amended after subsection (1) by inserting—
| "(1A) | Before consenting to the institution of proceedings under this Part the Attorney General shall consider whether, having regard to all of the circumstances of the alleged offence, such proceedings are likely to be consistent with the Human Rights Act 1998, Sechedule 1, in particular the rights and freedoms set out under Articles 9 and 10, and the prohibition of abuse of rights under Article 17. |
| (1B) | In particular he shall consider whether the act or acts of the proposed defendant gave rise to incitement to racial or religious hatred so as to be likely to imperil the safety of persons of a particular race, religion or belief as set out in sections 17 and 17A. |
| (1C) | In reaching his decision the Attorney General shall take into acount such circumstances as he considers to be relevant to the proper balance between the rights contained in the Articles referred to in subsection (1A), including the way in which any speech or other means of expression is conveyed, the content of such expression, and the occasion on which it occurred. |
| (1D) | The Attorney General shall each year publish details of each and every request for a prosecution for racial or religious hatred, showing the racial or religious groups involved, whether a decision was made to prosecute, and the outcome of any such prosecution.".'. |
Dr Evan Harris
Mr David Heath
Not selected NC34
| | To move the following Clause:— |
| | `Section 31 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated public order offences) is amended after subsection (7) by inserting— |
| "(7A) | No proceedings for an offence under this section may be initiated in England and Wales except by or with the consent of the Attorney General.".'. |
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