House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

43

House of Commons

Thursday 22nd November 2007

Public Bill Committee Proceedings

Criminal Justice and Immigration Bill

[Eleventh and twelFth sittings]

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Withdrawn  153

Clause  35,  page  25,  line  4,  at end insert ‘, including an offence under the Corporate

Manslaughter Act 2007,’.

Clause Agreed to.

Mr David Hanson

Agreed to  314

Schedule  8,  page  160,  line  26,  leave out from first ‘under’ to end of line 27 and

insert ‘—

(a)
the Immigration Act 1971 (c. 77);

(b)
section 62 of the Nationality, Immigration and Asylum Act 2002 (c. 41);

or

(c)
section 36 of the UK Borders Act 2007 (c.30).’.

Mr David Hanson

Agreed to  315

Schedule  8,  page  160,  line  30,  after ‘premises’ insert ‘or in Scotland’.

Mr David Hanson

Agreed to  316

Schedule  8,  page  160,  line  38,  after ‘premises’ insert ‘or in Scotland’.

Schedule, as amended, Agreed to.

Public Bill Committee Proceedings: 22nd November 2007
44

Criminal Justice and Immigration Bill, continued

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Withdrawn  154

Clause  36,  page  26,  line  2,  at end add—

‘(8)
A report published by the Commissioner, whether or not published with the

consent of a complainant or his personal representatives, and a fair and accurate

report published by another person of any such report if published

contemporaneously, are for the purposes of the law of defamation published on

an occasion of absolute privilege.’.

Clause Agreed to.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Withdrawn  156

Clause  37,  page  26,  line  6,  leave out subsection (2).

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not called  159

Clause  37,  page  26,  line  46,  leave out subsection (7).

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not called  160

Clause  37,  page  27,  line  7,  leave out subsection (10).

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not selected  155

Page  26,  line  3,  leave out Clause 37.

Clause Agreed to.

Mr David Hanson

Agreed to  296

Clause  38,  page  27,  line  32,  leave out from beginning to ‘Commissioner’ and

insert—

‘( )
This section applies where the Commissioner has carried out an investigation

following a request by the Secretary of State under section 37.

( )
The’.

Public Bill Committee Proceedings: 22nd November 2007
45

Criminal Justice and Immigration Bill, continued

Mr David Hanson

Agreed to  297

Clause  38,  page  27,  leave out lines 42 to 44 and insert—

‘(3)
Where the investigation relates to a death or matters connected with a death, the

name of the deceased person must not be published under subsection (2)(c)

without the consent of a personal representative of that person.’.

Clause, as amended, Agreed to.

Clauses 39 to 41 Agreed to.

Mr David Hanson

Agreed to  298

Clause  42,  page  30,  line  11,  leave out from beginning of line to ‘this’ in line 12 and

insert ‘The power under section 123(2)(c) to make consequential provision in an order

under subsection (8) includes power to modify’.

Mr David Hanson

Agreed to  299

Clause  42,  page  30,  line  13,  at end insert ‘, whenever passed or made’.

Clause, as amended, Agreed to.

Clause 43 Agreed to.

Mr David Hanson

Agreed to  300

Clause  44,  page  31,  line  41,  leave out subsection (8).

Clause, as amended, Agreed to.

Clause 45 Agreed to.

Mr David Hanson

Agreed to  301

Clause  46,  page  32,  line  27,  at end add—

‘(3)
Information obtained from a listed person (within the meaning of section 42)

must not be notified under this section unless the Commissioner has consulted the

listed person.’.

Clause, as amended, Agreed to.

Clauses 47 and 48 Agreed to.

Public Bill Committee Proceedings: 22nd November 2007
46

Criminal Justice and Immigration Bill, continued

Schedule 9 Agreed to.

Clause 49 Agreed to.

Mr David Hanson

Agreed to  302

Clause  50,  page  33,  line  37,  leave out from ‘means’ to end of line 38 and insert ‘any

prison, young offender institution, secure training centre or approved premises in England

and Wales’.

Mr David Hanson

Agreed to  303

Clause  50,  page  34,  leave out line 2 and insert—

‘“eligible”, in relation to a complaint or part of a complaint, means eligible

for the purposes of this Part in accordance with section 30 (and cognate

expressions are to be construed accordingly);’.

Mr David Hanson

Agreed to  304

Clause  50,  page  34,  line  32,  leave out subsection (3) and insert —

‘(3)
A reference in any provision of this Part to the High Court is—

‘(a)
in so far as the provision extends to England and Wales only, a reference

to the High Court of England and Wales; and

(b)
in so far as the provision extends to England and Wales, Scotland and

Northern Ireland, a reference to the High Court of England and Wales,

the Court of Session or the High Court of Northern Ireland, as the case

may require.’.

Mr David Hanson

Agreed to  305

Clause  50,  page  34,  line  38,  at end insert—

‘( )
Any power under this Part to make an order modifying a provision of any

legislation includes power to amend, repeal or revoke that provision.’.

Clause, as amended, Agreed to.

Mr David Hanson

Agreed to  317

Schedule  10,  page  164,  line  19,  at end insert ‘in England and Wales’.

Public Bill Committee Proceedings: 22nd November 2007
47

Criminal Justice and Immigration Bill, continued

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Withdrawn  157

Schedule  10,  page  165,  line  2,  at end add—

‘A local authority in any part of the United Kingdom which owns or

manages secure accommodation.’.

Schedule, as amended, Agreed to.

Mr David Hanson

Agreed to  306

Clause  51,  page  35,  line  25,  at end insert —

‘(7A)
Nothing in this section authorises an order under this section to make provision

that would be within the legislative competence of the Scottish Parliament if it

were contained in an Act of that Parliament.’.

Mr David Hanson

Agreed to  307

Clause  51,  page  35,  line  26,  leave out from beginning of line to ‘subordinate’ in

line 27 and insert ‘The power under section 123(2)(c) to make consequential provision in

an order under this section includes power to modify this or any other Act or any’.

Clause, as amended, Agreed to.

Mr David Hanson

Agreed to  308

Clause  52,  page  35,  line  36,  at end insert —

‘(1A)
Nothing in this section authorises an order under this section to make provision

that would be within the legislative competence of the Scottish Parliament if it

were contained in an Act of that Parliament.’.

Mr David Hanson

Agreed to  309

Clause  52,  page  35,  line  37,  leave out from beginning of line to ‘subordinate’ in

line 38 and insert ‘The power under section 123(2)(c) to make consequential provision in

an order under this section includes power to modify this or any other Act or any’.

Clause, as amended, Agreed to.

Clause 53 Agreed to.

Public Bill Committee Proceedings: 22nd November 2007
48

Criminal Justice and Immigration Bill, continued

Mr David Heath

David Howarth

Not selected  342


Schedule  11,  page  165,  line  27,  leave out ‘aged 16 or 17’ and insert ‘under 18

years’.

Mr David Heath

David Howarth

Not selected  343


Schedule  11,  page  165,  line  29,  leave out ‘young person aged 16 or 17’ and insert

‘child or young person aged under 18 years’.

Mr David Heath

David Howarth

Not selected  350


Schedule  11,  page  165,  leave out lines 30 and 31.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Mr Harry Cohen

Withdrawn  183

Schedule  11,  page  165,  line  38,  leave out ‘more’ and insert ‘both’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Mr Harry Cohen

Not called  142

Schedule  11,  page  166,  leave out line 2.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Withdrawn  143

Schedule  11,  page  166,  leave out line 5 to 8 and insert ‘a condition that the offender

attend at a specified place at specified times, but may not include a condition that the

offender pay a financial penalty’.

Mr David Heath

David Howarth

Not selected  348


Schedule  11,  page  166,  line  11,  leave out ‘20’ and insert ‘10’.

Mr David Heath

David Howarth

Not selected  349


Schedule  11,  page  166,  line  11,  leave out from ‘total’ to end of line 13.

Mr David Heath

David Howarth

Not selected  344


Schedule  11,  page  166,  line  35,  leave out ‘16’ and insert ‘under 17’.

Public Bill Committee Proceedings: 22nd November 2007
49

Criminal Justice and Immigration Bill, continued

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not called  144

Schedule  11,  page  167,  leave out lines 1 to 24.

Mr David Heath

David Howarth

Not selected  346


Schedule  11,  page  168,  leave out lines 5 to 16.

Mr David Heath

David Howarth

Not selected  345


Schedule  11,  page  170,  line  19,  leave out ‘16 or 17’ and insert ‘under 18 years’.

Schedule Agreed to.

Clause 54 Agreed to.

Mr David Heath

David Howarth

Not selected  347


Schedule  12,  page  172,  line  3,  leave out from ‘(3))’ to end of line 4 and insert—

‘(a)
the period of three months from the date on which the conditional caution

was given if the offender was aged 18 or over at the time the caution was

delivered, or

(b)
6 weeks from the date on which the caution was given if it was a youth

conditional caution as defined in section 66A(2) of the Crime and

Disorder Act 1998.’.

Schedule Agreed to.

Clauses 55 and 56 Agreed to.

Schedule 13 Agreed to.

Mr David Hanson

Agreed to  202

Clause  57,  page  37,  line  18,  at end insert—

‘( )
In each of subsections (3) and (4), for “A magistrate’s court” substitute “In

proceedings to which this subsection applies, the court.”’.

Mr David Hanson

Agreed to  203

Clause  57,  page  37,  line  25,  at end insert—

‘“(4A)
Subsections (3) and (4) apply to—