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| | Criminal Justice And Immigration Bill
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| | Secretary Jack Straw | Agreed to on division |
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| | To move, That this House disagrees with the Lords in their Amendment. |
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| | | Lords Amendment accordingly disagreed to. |
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| | To move the following Amendment to the words so restored to the Bill:— |
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| | Page 8, line 33, at end insert— |
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| | | ‘(2) | After that section insert— |
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| | | “189A | Power to suspend the operation of section 189(1A) and (1B) |
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| | | “(1) | The Secretary of State may by order suspend the operation of subsections |
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| | | (1A) and (1B) of section 189, so that the power to suspend a sentence of |
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| | | imprisonment becomes exercisable again in relation to summary |
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| | | offences committed after the order comes into force. |
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| | | (2) | Where the operation of those subsections has been suspended, the |
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| | | Secretary of State may by order revoke the order under subsection (1) so |
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| | | that those subsections again have effect (in relation to summary offences |
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| | | committed after the order under this subsection comes into force). |
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| | | (3) | The powers conferred by this section may each be exercised once only.” |
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| | | (3) | In section 330(5) of that Act (orders subject to affirmative procedure) insert, at |
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| | | the appropriate place, “section 189A”.’. |
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| | Secretary Jack Straw | Agreed to |
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| | To move, That this House disagrees with the Lords in their Amendment. |
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| | | Lords Amendment accordingly disagreed to. |
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| | To move the following Amendment to the words so restored to the Bill:— |
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| | Page 317, line 43, at end insert— |
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| | | ‘(4) | The Secretary of State may by order suspend the operation of subsections (1A) |
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| | | and (1B) of section 189 of the Criminal Justice Act 2003 as they apply to a |
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| | | relevant service court (by virtue of this section and section (Effect of |
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| | | amendments to criminal justice provisions applied for purposes of service law) |
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| | | of the Criminal Justice and Immigration Act 2008), so that the power to |
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| | | suspend a sentence of imprisonment becomes exercisable again in relation to |
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| | | offences mentioned in subsection (3)(a) above committed after the order |
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| | | (5) | Where the operation of those subsections as they apply to a relevant service |
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| | | court has been suspended, the Secretary of State may by order revoke the order |
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| | | under subsection (4), so that they again have effect (in relation to offences |
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| | | mentioned in subsection (3)(a) committed after the order under this subsection |
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| | | (6) | The powers conferred by subsections (4) and (5) may each be exercised once |
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| | | (4) | In section 373(3) (orders etc. subject to affirmative procedure), after paragraph |
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| | | “(ca) | an order under section 196(4) or (5),”.’. |
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| | Secretary Jack Straw | Agreed to |
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| | To move, That this House disagrees with the Lords in their Amendment. |
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| | | Lords Amendment accordingly disagreed to. |
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| | To move the following Amendment to the words so restored to the Bill:— |
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| | Page 338, line 14, after ‘10’, insert ‘(1)’. |
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| | Secretary Jack Straw | Agreed to on division |
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| | To move, That this House disagrees with the Lords in their Amendment. |
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| | | Lords Amendment accordingly disagreed to. |
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| | To move the following Amendment to the Bill in lieu of the Lords Amendment:— |
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| | Page 71, line 29, at end insert— |
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| | | ‘( ) | After subsection (7) insert— |
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| | | “(8) | As from 1 May 2011 nothing in this section confers on persons |
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| | | designated under this section— |
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| | | (a) | any rights of audience, or |
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| | | (b) | any right to conduct litigation, |
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| | | | for the purposes of Part 3 of the Legal Services Act 2007 (reserved legal |
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| | | (9) | As from that date the following provisions of that Act accordingly do not |
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| | | apply to persons designated under this section— |
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| | | (a) | paragraph 1(3) of Schedule 3 (exemption for persons with |
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| | | statutory rights of audience), and |
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| | | (b) | paragraph 2(3) of that Schedule (exemption for persons with |
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| | | statutory right to conduct litigation). |
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| | | (10) | The Attorney General may by order make such modifications in the |
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| | | application of any enactment (including this section) in relation to |
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| | | persons designated under this section as the Attorney General considers |
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| | | appropriate in consequence of, or in connection with, the matters |
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| | | provided for by subsections (8) and (9). |
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| | | (11) | The Attorney General may also by order amend subsection (2)(a)(ii) so |
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| | | as to omit the words “or offences which are punishable with |
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| | | imprisonment in the case of persons aged 21 or over”. |
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| | | (12) | The power to make an order under subsection (10) or (11) is exercisable |
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| | | by statutory instrument, but a statutory instrument containing such an |
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| | | order may not be made unless a draft of the instrument has been laid |
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| | | before, and approved by a resolution of, each House of Parliament.”.’. |
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| | As an Amendment to the Lords Amendment:— |
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| | Line 3, at end insert ‘in the case of persons aged 21 or over’. |
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| | | Lords Amendment, as amended, Agreed to. |
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| | As an Amendment to the Lords Amendment:— |
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| | Line 8, leave out from beginning to ‘or’ in line 10. |
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| | | Lords Amendment, as amended, Agreed to. |
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| | | Lords Amendments Nos. 87, 90 and 91 Agreed to. |
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| | Secretary Jack Straw | Agreed to on division |
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| | To move, That this House disagrees with the Lords in their Amendment. |
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| | | Lords Amendment accordingly disagreed to. |
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| | To move the following Amendment to the Bill in lieu of the Lords Amendment:— |
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| | Page 145, line 30, at end insert— |
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| | | ‘(6A) | No order may be made for the commencement of Schedule 26 until the Secretary |
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| | | of State and the Attorney General have issued and published guidance to chief |
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| | | officers of police and to the Crown Prosecution Service drawing their attention to |
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| | | the Attorney General’s obligations set out in paragraph 6(2A) of that Schedule.’. |
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| | Page 268, line 38, at end insert— |
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| | | ‘(2A) | After subsection (1) insert— |
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| | | “(1A) | When considering whether to consent to a prosecution under |
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| | | subsection (1) the Attorney General must have particular regard to the |
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| | | importance of the right to freedom of expression provided by the |
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| | | European Convention on Human Rights.”’. |
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| | Page 268, line 38, at end insert— |
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| | | ‘(2A) | After subsection (1) insert— |
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| | | “(1A) | When considering whether to consent to a prosecution under subsection |
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| | | (1) the Attorney General must have particular regard to the need to |
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| | | protect the right of any person— |
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| | | (a) | to respect for his private and family life, his home and his |
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| | | (b) | to freedom of thought, conscience and religion, including the |
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| | | right to change his religion or belief and freedom, either alone or |
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| | | in community with others and in public and in private, to |
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| | | manifest his religion or belief, in worship, teaching, practice and |
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| | | (c) | to freedom of expression, including the freedom to hold opinions |
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| | | and to receive and impart information and ideas without |
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| | | interference by any person or public authority; |
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| | | (d) | to freedom of peaceful assembly and to freedom of association |
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| | Secretary Jack Straw | Agreed to |
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| | To move, That this House disagrees with the Lords in their Amendment. |
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| | | Lords Amendment accordingly disagreed to. |
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| | To move the following Amendment to the Bill in lieu of the Lords Amendment:— |
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| | Page 140, line 33, at end insert the following new Clause:— |
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| | | | ‘Power to require data controllers to pay monetary penalty |
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| | | (1) | After section 55 of the Data Protection Act 1998 insert— |
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