547

House of Commons

Tuesday 24 March 2009

Consideration of Bill

Coroners and Justice Bill, As Amended

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Note

The Amendments have been arranged in accordance with the Coroners and

Justice Bill (Programme) (No. 3) Order [23 March].

Remaining New Clauses, New Schedules and amendments relating to part 2

Guidance on offences that involve hatred on grounds of sexual orientation

David Howarth

Jenny Willott

NC11

To move the following Clause:—

‘(1)	The Director of Public Prosecutions, in consultation with the Attorney General,

must issue guidance to prosecutors explaining the operation of the offences under

Part 3A of the Public Order Act 1986 (c. 64) that involve hatred on the grounds

of sexual orientation.

(2)	Chief constables must ensure that the contents of the guidance to prosecutors

issued under subsection (1) are made known, in an appropriate form, to officers

in their force.

(3)	When considering whether to consent to a prosecution for an offence falling

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

(a)	guidance issued under subsection (1), and

(b)	the importance of the rights to freedom of expression, freedom of

thought, conscience and religion, respect for private and family life and

freedom of assembly and association provided by the European

Convention on Human Rights.’.

Consideration of Bill: 24 March 2009

548

Coroners and Justice Bill, continued

Incitement to hatred on grounds of sexual orientation: association with child sex offences

David Howarth

Dr Evan Harris

NC37

To move the following Clause:—

‘(1)	The Public Order Act 1986 is amended as follows.

(2)	After subsection 29B (1) insert—

“(1A)

“Threatening” in subsection (1) extends to words, behaviour or written

material which asserts or implies an association between sexual

orientation and a propensity to commit child sex offences under Part 1 of

the Sexual Offences Act 2003 (c. 42).”’.

David Taylor

Miss Ann Widdecombe

Sir Alan Beith

Jim Dobbin

Mr Edward Leigh

Tim Farron

Total signatories: 15

Mr David Amess

1

Page  34,  line  5,  leave out Clause 58.

New Clauses, new Schedules and Amendments Relating to Part 8

Removing immunity of government departments from prosecution

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

NC19

To move the following Clause:—

‘(1)	Section 63 of the Data Protection Act 1998 (application to Crown) is amended as

follows.

Consideration of Bill: 24 March 2009

549

Coroners and Justice Bill, continued

(2)	In subsection (5) for “a government department” substitute “the Crown Estate

Commissioners”.’.

Failure by a government department or public authority to comply with an assessment

notice

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

NC38

To move the following Clause:—

‘(1)	If a government department or public authority has failed to comply with an

assessment notice the Commissioner may certify in writing to the court that the

public authority has failed to comply with that notice.

(2)	Where failure to comply is certified under subsection (1), the court may inquire

into the matter and, after hearing any witness who may be produced against or on

behalf of the government department or the public authority, and after hearing

any statement that may be offered in defence, deal with the failure to comply as

if it were a contempt of court.’.

David Howarth

Jenny Willott

23

Page  98,  line  20  [Clause  153],  leave out ‘within subsection (2)’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

78

Page  98,  line  24  [Clause  153],  at end insert—

‘(1A)

If a data controller has failed to comply with an assessment notice as requires

steps to be taken, the Information Commissioner may certify in writing to the

court that the government department or public authority has failed to comply

with that notice.

(1B)	For the purposes of this section, a data controller which, in purported compliance

with an information notice—

(a)	makes a statement which it knows to be false in a material respect, or

(b)	recklessly makes a statement which is false in a material respect,

is to be taken to have failed to comply with the notice.

(1C)	Where a failure to comply is certified under subsection (1A), the court may

inquire into the matter and, after hearing any witness who may be produced

against or on behalf of the public authority, and after hearing any statement that

Consideration of Bill: 24 March 2009

550

Coroners and Justice Bill, continued

may be offered in defence, deal with the authority as if it had committed a

contempt of court.

(1D)	In subsections (1A) to (1C), “the court” means the High Court or, in Scotland, the

Court of Session.’.

David Howarth

Jenny Willott

24

Page  98  [Clause  153],  leave out lines 25 to 29.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

133

Page  98,  line  25  [Clause  153],  leave out from second ‘is’ to end of line 29 and

insert ‘not an excluded body’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

79

Page  99,  line  19  [Clause  153],  at end insert—

‘(6A)

Non-compliance with any assessment notice will be treated as a contempt of

court.’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

80

Page  101,  line  6  [Clause  153],  leave out ‘without the approval of the Secretary of

State’ and insert ‘until the code has been approved by a resolution of each House of

Parliament’.

Consideration of Bill: 24 March 2009

551

Coroners and Justice Bill, continued

Secretary Jack Straw

David Howarth

Jenny Willott

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

25

Page  101,  line  12,  leave out Clause 154.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

81

Page  109  [Clause  155],  leave out lines 7 and 8 and insert—

‘(4)	The code must not be issued by the Commissioner until a statutory instrument

containing the draft code has been approved by a resolution of each House of

Parliament.’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

82

Page  109,  line  10  [Clause  155],  after ‘must’, insert ‘not’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

83

Page  109,  line  13  [Clause  155],  after ‘is’, insert ‘not’.

Consideration of Bill: 24 March 2009

552

Coroners and Justice Bill, continued

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

84

Page  109  [Clause  155],  leave out lines 21 to 27.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

85

Page  109,  line  30  [Clause  155],  after ‘under’, insert ‘annual’.

Secretary Jack Straw

152

Page  182,  line  26  [Schedule  18],  at end insert—

‘4A	In section 67 of that Act (general provision about orders etc under the Act) in

subsection (5)(a) insert at the appropriate place—

          “section 41A(2)(b),”.’.

Secretary Jack Straw

153

Page  182,  line  29  [Schedule  18],  leave out ‘(except in Part 5A)’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

86

Page  183,  line  1  [Schedule  18],  leave out sub-paragraph (2) and insert—

‘(2)	In subsection (1) for “he may serve” to the end substitute “he may serve the data

controller, or a data processor, with a notice (in this Act referred to as an

‘information notice’) requiring the data controller, or data processor, to furnish

the Commissioner with specified information relating to the request or to

compliance with the principles.”’.

Consideration of Bill: 24 March 2009

553

Coroners and Justice Bill, continued

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

87

Page  183,  line  5  [Schedule  18],  after ‘(1)’, insert ‘“data processor” refers to a third

party handling data on behalf of—

(a)	a government department, or

(b)	a public authority designated for the purpose of this section by an order

made by the Secretary of State, other than an excluded body, as set out in

section 41A(12);’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

88

Page  185  [Schedule  18],  leave out line 21.

New Clauses, new Schedules and Amendments Relating to Chapter 1 of

part 4

Sentencing Council: provision of resources

Mr Neil Gerrard

John McDonnell

NC43

To move the following Clause:—

‘The Secretary of State must monitor the resource assessments published by the

Sentencing Council under section 110 and make available adequate resources as

determined by the resource assessment for the implementation of the guidelines.’.

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Revised 24 March 2009