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Index of Amendments

          

NOTICES OF AMENDMENTS

given up to and including

Thursday 3rd February 2005


New Amendments handed in are marked thus *

CONSIDERATION OF BILL

SERIOUS ORGANISED CRIME AND POLICE BILL, AS AMENDED


NEW CLAUSES AND AMENDMENTS RELATING TO CLAUSE 122 AND
SCHEDULE 10

Racial and religious hatred

   

Mr David Heath
Mr Andrew Mitchell
Ms Diane Abbott
Dr Evan Harris
Mr Dominic Grieve
John McDonnell

Mr Brian SedgemoreMr Crispin Blunt

NC3

To move the following Clause:—

       'For section 17 of the Public Order Act 1986 (c. 64) (meaning of "racial hatred") substitute—

          "(1)   In this Part 'racial hatred' means hatred against a racial group, of persons defined by reference (whether directly or indirectly) to colour, race, nationality, (including citizenship) or ethnic or national origins ("a racial group").

          (2)   In this section—

          (a) 'an indirect reference' means a reference to religion or religious belief or to a person's membership or presumed membership of a religious group as a pretext for stirring up racial hatred against a racial group;

          (b) 'religious group' means a group of persons defined by reference to religion or religious belief.".'.


Harassment on grounds of religion or belief

   

Dr Evan Harris

NC25

*To move the following Clause:—

    '(1)   A person ("A") harasses another ("B") if on grounds of religion or belief A does anything which has the purpose or effect of—

      (a) violating B's dignity, or

      (b) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

    (2)   The conduct shall be regarded as having the effect specified in subsection (1)(a) or (b) only if, having regard to all the circumstances, including the perception of B, it should reasonably be considered as having this effect.'.


   

Dr Evan Harris
Mr Andrew Mitchell
Mr Dominic Grieve

11

Page     89,     line     6,     leave out Clause 122.


   

Dr Evan Harris

12

Page     187,     line     34,     leave out Schedule 10.

   

Mr Secretary Clarke

106

Page     187,     line     38     [Schedule     10],     leave out 'RACIAL AND RELIGIOUS HATRED' and insert 'HATRED AGAINST PERSONS ON RACIAL OR RELIGIOUS GROUNDS'.


   

Dr Evan Harris

182

*Page     189,     line     20     [Schedule     10],     at end insert—

    '11A   After section 26 insert—

          "26A   Savings for freedom of speech

             Nothing in this Part applies to activity which consists of—

          (a) criticising beliefs, teachings or practices of a religion or its followers, for example, by claiming that they are false or harmful;

          (b) proselytising one's own religion or urging followers of a different religion to cease practising theirs;

          (c) expressing irreverent comedic comments about religion or belief; its worship, teaching, practice or observance; or

          (d) expressing antipathy towards, or dislike of, particular religions or their adherents.".'.


NEW CLAUSES, AMENDMENTS AND NEW SCHEDULES RELATING
TO BLASPHEMY

Blasphemy

   

Dr Evan Harris
Mr Douglas Hogg
Mr Frank Dobson
Mr Simon Hughes
Mr David Wilshire
Alice Mahon

Mr Crispin Blunt

NC4

To move the following Clause:—

       'The offences of blasphemy and blasphemous libel are abolished.'.


   

Dr Evan Harris

7

Title,     line     8,     after 'orders;', insert 'to abolish the offences of blasphemy and blasphemous libel;'.


NEW CLAUSES AND AMENDMENTS RELATING TO THE USE OF INTERCEPT EVIDENCE IN LEGAL PROCEEDINGS

Interception of communications

   

Mr Andrew Mitchell
Mr David Heath
Dr Evan Harris
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown

Mr James Clappison

NC6

To move the following Clause:—

       'Sections 17 and 18 of the Regulation of Investigatory Powers Act 2000 (c. 23) (exclusion of matters from legal proceedings) shall cease to have effect.'.


   

Mr Andrew Mitchell
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Mr James Clappison

10

Page     219,     line     10     [Schedule     17],     at end insert—

'Regulation of Investigatory Powers Act 2000 (c. 23)Sections 17 and 18'.


NEW CLAUSES AND AMENDMENTS RELATING TO THE PROTECTION OF ORGANISATIONS FROM ECONOMIC DAMAGE OR OTHER INTERFERENCE WITH THEIR ACTIVITIES

Interference with contractual relationships so as to harm animal research organisation

   

Mr Secretary Clarke

NC10

To move the following Clause:—

    '(1)   A person (A) commits an offence if, with the intention of harming an animal research organisation, he—

      (a) does a relevant act, or

      (b) threatens that he or somebody else will do a relevant act,

    in circumstances in which that act or threat is intended or likely to cause a second person (B) to take any of the steps in subsection (2).

    (2)   The steps are—

      (a) not to perform any contractual obligation owed by B to a third person (C) (whether or not such non-performance amounts to a breach of contract);

      (b) to terminate any contract B has with C;

      (c) not to enter into a contract with C.

    (3)   For the purposes of this section, a "relevant act" is—

      (a) an act amounting to a criminal offence, or

      (b) a tortious act causing B to suffer loss or damage of any description.

    (4)   For the purposes of this section, "contract" includes any other arrangement (and "contractual" is to be read accordingly).

    (5)   For the purposes of this section, to "harm" an animal research organisation means—

      (a) to cause the organisation to suffer loss or damage of any description, or

      (b) to prevent or hinder the carrying out by the organisation of any of its activities.

    (6)   This section does not apply to any act done wholly or mainly in contemplation or furtherance of a trade dispute.

    (7)   In subsection (6) "trade dispute" has the same meaning as in Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), except that section 218 of that Act shall be read as if—

      (a) it made provision corresponding to section 244(4) of that Act, and

      (b) in subsection (5), the definition of "worker" included any person falling within paragraph (b) of the definition of "worker" in section 244(5).'.

As Amendments to Mr Secretary Clarke's proposed Clause (NC10) (Interference with contractual relationships so as to harm animal research organisation):—

   

Mr Jonathan Djanogly
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

(b)

*Line     8,     after second 'to', insert 'an animal research organisation or'.

   

Dr Evan Harris
Mr David Heath

(a)

*Line     15,     leave out 'loss or damage of any description' and insert 'significant loss or damage'.


Intimidation of persons connected with animal research organisation

   

Mr Secretary Clarke

NC11

To move the following Clause:—

    '(1)   A person (A) commits an offence if, with the intention of causing a second person (B) to abstain from doing something which B is entitled to do (or to do something which B is entitled to abstain from doing)—

      (a) A threatens B that A or somebody else will do a relevant act, and

      (b) A does so wholly or mainly because B is a person falling within subsection (2).

    (2)   A person falls within this subsection if he is—

      (a) an employee or officer of an animal research organisation;

      (b) a student at an educational establishment that is an animal research organisation;

      (c) a lessor or licensor of any premises occupied by an animal research organisation;

      (d) a person with a financial interest in an animal research organisation;

      (e) a customer or supplier of an animal research organisation;

      (f) a person who is contemplating becoming someone within paragraph (c), (d) or (e);

      (g) a person who is, or is contemplating becoming, a customer or supplier of someone within paragraph (c), (d), (e) or (f);

      (h) an employee or officer of someone within paragraph (c), (d), (e), (f) or (g);

      (i) a person with a financial interest in someone within paragraph (c), (d), (e), (f) or (g);

      (j) a spouse, civil partner, friend or relative of, or a person who is known personally to, someone within any of paragraphs (a) to (i);

      (k) a person who is, or is contemplating becoming, a customer or supplier of someone within paragraph (a), (b), (h), (i) or (j); or

      (l) an employer of someone within paragraph (j).

    (3)   For the purposes of this section an "officer" of an animal research organisation or a person includes—

      (a) where the organisation or person is a body corporate, a director, manager or secretary;

      (b) where the organisation or person is a charity, a charity trustee (within the meaning of the Charities Act 1993);

      (c) where the organisation or person is a partnership, a partner.

    (4)   For the purposes of this section—

      (a) a person is a customer or supplier of another person if he purchases goods, services or facilities from, or (as the case may be) supplies goods, services or facilities to, that other; and

      (b) "supplier" includes a person who supplies services in pursuance of any enactment that requires or authorises such services to be provided.

    (5)   For the purposes of this section, a "relevant act" is—

      (a) an act amounting to a criminal offence, or

      (b) a tortious act causing B or another person to suffer loss or damage of any description.

    (6)   The Secretary of State may by order amend this section so as to include within subsection (2) any description of persons framed by reference to their connection with—

      (a) an animal research organisation, or

      (b) any description of persons for the time being mentioned in that subsection.

    (7)   This section does not apply to any act done wholly or mainly in contemplation or furtherance of a trade dispute.

    (8)   In subsection (7) "trade dispute" has the meaning given by section (Interference with contractual relations so as to harm animal research organisation).'.

 
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