Report Stage Proceedings
Monday 7th February 2005
REPORT STAGE PROCEEDINGS
SERIOUS ORGANISED CRIME AND POLICE BILL, AS AMENDED
NEW CLAUSES RELATING TO TO CLAUSE 122 AND SCHEDULE 10
Mr David Heath
Mr Dominic Grieve
Ms Diane Abbott
Dr Evan Harris
Mr Andrew Mitchell
Mr Brian Sedgemore
| John McDonnell | Mr Crispin Blunt
|
Negatived on division 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"). |
| (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.".'. |
Mr David Heath
Dr Evan Harris
Not selected 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.'. |
Mr David Heath
Mr Dominic Grieve
Ms Diane Abbott
Dr Evan Harris
Mr Andrew Mitchell
Mr Brian Sedgemore
| John McDonnell | Mr Crispin Blunt
|
Not called 11
| | Page 89, line 6, leave out Clause 122. |
Mr David Heath
Mr Dominic Grieve
Ms Diane Abbott
Dr Evan Harris
Mr Andrew Mitchell
Mr Brian Sedgemore
| John McDonnell | Mr Crispin Blunt
|
Not called 12
| | Page 187, line 34, leave out Schedule 10. |
Mr Secretary Clarke
Agreed to 106
| | Page 187, line 38 [Schedule 10], leave out 'RACIAL AND RELIGIOUS HATRED' and insert 'HATRED AGAINST PERSONS ON RACIAL OR RELIGIOUS GROUNDS'. |
Mr David Heath
Dr Evan Harris
Not called 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 AND AMENDMENTS RELATING
TO BLASPHEMY
Dr Evan Harris
Mr Douglas Hogg
Mr Frank Dobson
Mr Simon Hughes
Mr David Wilshire
Alice Mahon
Negatived on division NC4
| | To move the following Clause:— |
| | 'The offences of blasphemy and blasphemous libel are abolished.'. |
Dr Evan Harris
Not called 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
Mr Andrew Mitchell
Mr David Heath
Dr Evan Harris
Mr Dominic Grieve
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
Negatived on division 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
Not called 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
Mr Secretary Clarke
Added 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).
| (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).'. |
Mr Jonathan Djanogly
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called (b)
| | Line 8, after second 'to', insert 'an animal research organisation or'. |
Dr Evan Harris
Mr David Heath
Not called (a)
| | Line 15, leave out 'loss or damage of any description' and insert 'significant loss or damage'. |
Mr Secretary Clarke
Added 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).'. |
Mr Jonathan Djanogly
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Negatived on division (b)
| | Line 4, after 'act', insert 'or A or someone at the instigation of A does a relevant act,'. |
Mr Jonathan Djanogly
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called (c)
| | Line 42, at end insert '; and |
| '(c) | "a person with a financial interest" includes a person undertaking any regulated activity or who is an authorised person within the meaning of the Financial Services and Markets Act 2000 (c. 8).'. |
Dr Evan Harris
Mr David Heath
Not called (a)
| | Line 45, leave out 'loss or damage of any description' and insert 'significant loss or damage'. |
Penalty for offences under sections (Interference with contractual relations so as to harm animal research organisation) and (Intimidation of persons connected with animal research organisation)
Mr Secretary Clarke
Added NC12
| | To move the following Clause:— |
| '(1) | A person guilty of an offence under section (Interference with contractual relations so as to harm animal research organisation) or (Intimidation of persons connected with animal research organisation) is liable— |
| (a) | on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both; |
| (b) | on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both. |
| (2) | No proceedings for an offence under either of those sections may be instituted except by or with the consent of the Director of Public Prosecutions.'. |
Mr Secretary Clarke
Added NC13
| | To move the following Clause:— |
| '(1) | For the purposes of sections (Interference with contractual relations so as to harm animal research organisation) and (Intimidation of persons connected with animal research organisation) "animal research organisation" means any person or organisation falling within subsection (2) or (3). |
| (2) | A person or organisation falls within this subsection if he or it is the owner, lessee or licensee of premises constituting or including— |
| (a) | a place specified in a licence granted under section 4 or 5 of the 1986 Act, |
| (b) | a scientific procedure establishment designated under section 6 of that Act, or |
| (c) | a breeding or supplying establishment designated under section 7 of that Act. |
| (3) | A person or organisation falls within this subsection if he or it employs, or engages under a contract for services, any of the following in his capacity as such— |
| (a) | the holder of a personal licence granted under section 4 of the 1986 Act, |
| (b) | the holder of a project licence granted under section 5 of that Act, |
| (c) | a person specified under section 6(5) of that Act, or |
| (d) | a person specified under section 7(5) of that Act. |
| (4) | The Secretary of State may by order amend this section so as to include a reference to any description of persons whom he considers to be involved in, or to have a direct connection with persons who are involved in, the application of regulated procedures. |
| | "the 1986 Act" means the Animals (Scientific Procedures) Act 1986 (c.14); |
| | "organisation" includes any institution, trust, undertaking or association of persons; |
| | "premises" includes any place within the meaning of the 1986 Act; |
| | "regulated procedures" has the meaning given by section 2 of the 1986 Act.'. |
Extension of sections (Interference with contractual relations so as to harm animal research organisation) and (Intimidation of persons connected with animal research organisation)
Mr Secretary Clarke
Added NC14
| | To move the following Clause:— |
| '(1) | The Secretary of State may by order provide for sections (Interference with contractual relations so as to harm animal research organisation), (Intimidation of persons connected with animal research organisation) and (Penalty for offences under sections (Interference with contractual relations so as to harm animal research organisation) and (Intimidation of persons connected with animal research organisation)) to apply in relation to persons or organisations of a description specified in the order as they apply in relation to animal research organisations. |
| (2) | The Secretary of State may, however, only make an order under this section if satisfied that a series of acts has taken place and— |
| (a) | that those acts were directed at persons or organisations of the description specified in the order or at persons having a connection with them, and |
| (b) | that, if those persons or organisations had been animal research organisations, those acts would have constituted offences under section (Interference with contractual relations so as to harm animal research organisation) or (Intimidation of persons connected with animal research organisation). |
| (3) | In this section "organisation" and "animal research organisation" have the same meanings as in section (Animal research organisations).'. |
Mr Jonathan Djanogly
Mr Andrew Mitchell
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called NC5
| | 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 pursuading 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.'. |
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