House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

1931

House of Commons

Notices of Amendments

given up to and including

Thursday 1st May 2008

New Amendments handed in are marked thus

Consideration of Lords Amendments

Criminal Justice and Immigration Bill

Note

The Amendments have been arranged in accordance with the Criminal Justice

and Immigration Bill (Programme) (No. 4).

Lords Amendment No. 285

David Howarth

Jenny Willott

Nick Herbert

Mr Edward Garnier

Mr Dominic Grieve

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

David Howarth

Jenny Willott

Nick Herbert

Mr Edward Garnier

Mr Dominic Grieve

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

(a)


Page  268,  line  38,  at end insert—

‘(2A)
After subsection (1) insert—

Notices of Amendments: 1st May 2008
1932

Criminal Justice and Immigration Bill, continued

“(1A)
When considering whether to consent to a prosecution under

subsection (1) the Attorney General must have particular regard to the

importance of the right to freedom of expression provided by the

European Convention on Human Rights.”’.

Nick Herbert

Mr Edward Garnier

Mr Dominic Grieve

(b)


Page  145,  line  30,  at end insert—

‘(6A)
No order may be made for the commencement of Schedule 26 until the Secretary

of State and the Attorney General have issued and published guidance to chief

officers of police and to the Crown Prosecution Service drawing their attention to

the Attorney General’s obligations set out in paragraph 6(2A) of that Schedule.’.

David Howarth

Jenny Willott

Nick Herbert

Mr Edward Garnier

Mr Dominic Grieve

(c)


Page  268,  line  38,  at end insert—

‘(2A)
After subsection (1) insert—

“(1A)
When considering whether to consent to a prosecution under subsection

(1) the Attorney General must have particular regard to the need to

protect the right of any person—

(a)
to respect for his private and family life, his home and his

correspondence;

(b)
to freedom of thought, conscience and religion, including the

right to change his religion or belief and freedom, either alone or

in community with others and in public and in private, to

manifest his religion or belief, in worship, teaching, practice and

observance;

(c)
to freedom of expression, including the freedom to hold opinions

and to receive and impart information and ideas without

interference by any person or public authority;

(d)
to freedom of peaceful assembly and to freedom of association

with others.”’.

Lords Amendment No. 126

As an Amendment to the Lords Amendment:—

Notices of Amendments: 1st May 2008
1933

Criminal Justice and Immigration Bill, continued

Mr Andrew Dismore

Dr Evan Harris

(a)


Line  7,  after ‘satisfied’, insert ‘beyond reasonable doubt’.

Lords Amendment No. 130

As an Amendment to the Lords Amendment:—

Mr Andrew Dismore

Dr Evan Harris

(a)


Line  11,  after ‘conditions’, insert ‘under section [Provisions that orders may

contain]’.

Lords Amendment No. 108

Mr Andrew Dismore

Dr Evan Harris

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

Lords Amendment No. 109

Mr Andrew Dismore

Dr Evan Harris

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

Mr Andrew Dismore

Dr Evan Harris

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

(a)


Page  88,  line  37,  after ‘D’, insert ‘reasonably’.

(b)


Page  89,  line  17,  leave out from ‘immaterial’ to the end of line 19 and insert ‘if any

belief of D’s was mistaken, but if the belief was mistaken the mistake must have been

reasonable.’.

Notices of Amendments: 1st May 2008
1934

Criminal Justice and Immigration Bill, continued

As Amendments to the Lords Amendment:—

Mr Andrew Dismore

Dr Evan Harris

(a)


Line  6,  before ‘if’, insert ‘Subject to subsection 3(c) below,’.

(b)


Line  12,  at end insert—

‘(3C)
Where the force used by D was used in his or her capacity as an agent of the state,

any mistaken belief of D’s must have been based on reasonable grounds in all the

circumstances.’.

Lords Amendment No. 112

Mr Andrew Dismore

Dr Evan Harris

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

orders of the house [8th and 11th OCTOBER 2007]

That the following provisions shall apply to the Criminal Justice and Immigration Bill:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 29th November 2007.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Notices of Amendments: 1st May 2008
1935

Criminal Justice and Immigration Bill, continued

order of the house [1st MAY 2008]

That the following provisions shall apply to the Criminal Justice and Immigration Bill:

Consideration of Lords Amendments

1.
Proceedings on consideration of Lords Amendments shall (so far as not

previously concluded) be brought to a conclusion at this day’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. 9, 301, 327 and 86 to 91
One hour and a half after the

commencement of proceedings on

consideration of Lords Amendments

Nos. 285, 115, 173 and 117 to 149
Four and a quarter hours after the

commencement of those proceedings

Nos. 116, 1 to 8, 10 to 85, 92 to 114,
Six hours after the commencement of

150 to 172, 174 to 284, 286 to 300,
those proceedings, or 10.00 p.m.,

302 to 326, and 328 to 348
whichever is the later.

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.