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1533

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 5 November 2009

 

New Amendments handed in are marked thus Parliamentary Star

 

Consideration of Lords Amendments


 

Coroners and Justice Bill


 


 

On Consideration of Lords Amendments to the Coroners and Justice Bill

 


 

Note

 

The Amendments have been arranged in accordance with the Coroners and

 

Justice Bill (Programme) (No. 4) Motion to be proposed by Secretary Jack Straw.

 


 

Lords Amendment No. 1

 

Secretary Jack Straw

 

Mr Andrew Dismore

 

Mr Richard Shepherd

 

Mr Graham Allen

 

Andrew Mackinlay

 

John Austin

 

Dr Evan Harris

 

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

 



 
 

Notices of Amendments: 5 November 2009                  

1534

 

Coroners and Justice Bill, continued

 
 

Lords Amendment No. 2

 

Secretary Jack Straw

 

Mr Andrew Dismore

 

Mr Richard Shepherd

 

Mr Graham Allen

 

Andrew Mackinlay

 

John Austin

 

Dr Evan Harris

 

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

 


 

Lords Amendment No. 216

 

Secretary Jack Straw

 

Mr Andrew Dismore

 

Mr Richard Shepherd

 

Mr Graham Allen

 

Andrew Mackinlay

 

John Austin

 

Dr Evan Harris

 

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

 

Mr Andrew Dismore

 

Mr Richard Shepherd

 

Mr Graham Allen

 

Andrew Mackinlay

 

John Austin

 

Dr Evan Harris

 

To move the following Amendments to the Bill in lieu of Lords Amendments 1, 2 and 216:—

 

(a)

 

Parliamentary Star    

Page  115,  line  29,  leave out paragraph 3.

 

(b)

 

Parliamentary Star    

Page  117,  line  15,  leave out paragraph 8.

 


 



 
 

Notices of Amendments: 5 November 2009                  

1535

 

Coroners and Justice Bill, continued

 
 

Lords Amendment No. 55

 

Secretary Jack Straw

 

David Howarth

 

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

 

David Howarth

 

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

 

(a)

 

Parliamentary Star    

Page  29,  line  19,  leave out paragraph (c) and insert—

 

‘(c)    

where D acted principally out of a desire to punish V for any act, whether

 

by V or by any other person, which D perceived at the time to amount to

 

sexual infidelity, or where D acted principally out of sexual jealousy or

 

envy, the circumstances shall not constitute “circumstances of an

 

extremely grave character” for the purposes of subsection (4)(a).’.

 


 


 

Lords Amendment No. 59

 

Secretary Jack Straw

 

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

 


 

Lords Amendment No. 119

 

Secretary Jack Straw

 

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

 


 

Lords Amendment No. 121

 

Secretary Jack Straw

 

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

 



 
 

Notices of Amendments: 5 November 2009                  

1536

 

Coroners and Justice Bill, continued

 
 

Lords Amendment No. 236

 

Secretary Jack Straw

 

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

 


 

Lords Amendment No. 239

 

Secretary Jack Straw

 

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

 


 


 

Lords Amendment No. 66

 

Secretary Jack Straw

 

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

 

Secretary Jack Straw

 

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

 

(a)

 

Parliamentary Star    

Page  63,  line  35,  at end insert—

 

         

‘Detention of persons under section 41 of the Terrorism Act 2000

 

(1)    

Section 36 of the Terrorism Act 2006 (c. 11) (review of terrorism legislation) is

 

amended in accordance with subsections (2) and (3).

 

(2)    

After subsection (2) insert—

 

“(2A)    

A review under subsection (2) may, in particular, consider whether—

 

(a)    

the requirements imposed by or under Part 1 or 2, or paragraph

 

37, of Schedule 8 to the Terrorism Act 2000 (detention of

 

suspected terrorists), and

 

(b)    

the requirements imposed by any relevant code of practice under

 

section 66 of the Police and Criminal Evidence Act 1984 or

 

Article 65 of the Police and Criminal Evidence (Northern

 

Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

 

    

have been complied with in relation to persons detained under section 41

 

of the Terrorism Act 2000 pursuant to a warrant of further detention

 

issued under Part 3 of Schedule 8 to that Act.”

 

(3)    

In subsection (3) for “That person” substitute “The person appointed under

 

subsection (1)”.


 
 

Notices of Amendments: 5 November 2009                  

1537

 

Coroners and Justice Bill, continued

 
 

(4)    

Section 51 of the Police Reform Act 2002 (c. 30) (independent custody visitors

 

for places of detention) is amended in accordance with subsections (5) to (7).

 

(5)    

After subsection (1) insert—

 

“(1A)    

Every police authority must ensure—

 

(a)    

that the arrangements made by it require independent custody

 

visitors to prepare and submit to it a report of any visit made

 

under the arrangements to a suspected terrorist detainee, and

 

(b)    

that a copy of any report submitted under paragraph (a) is given

 

to the person appointed under section 36(1) of the Terrorism Act

 

2006 (independent reviewer of terrorism legislation).”

 

(6)    

In subsection (3), after paragraph (b) insert—

 

“(ba)    

in relation to suspected terrorist detainees, to listen to the audio

 

recordings and view the video recordings (with or without

 

sound) of interviews with those detainees which have taken

 

place during their detention there and which were conducted by

 

a constable;”.

 

(7)    

After that subsection insert—

 

“(3A)    

The arrangements may include provision for access to the whole or part

 

of an audio or video recording of an interview of the kind mentioned in

 

subsection (3)(ba) to be denied to independent custody visitors if—

 

(a)    

it appears to an officer of or above the rank of inspector that there

 

are grounds for denying access at the time it is requested;

 

(b)    

the grounds are grounds specified for the purposes of paragraph

 

(a) in the arrangements; and

 

(c)    

the procedural requirements imposed by the arrangements in

 

relation to a denial of access to such recordings are complied

 

with.

 

(3B)    

Grounds are not to be specified in any arrangements for the purposes of

 

subsection (3A)(a) unless they are grounds for the time being set out for

 

the purposes of this subsection in the code of practice issued by the

 

Secretary of State under subsection (6).”

 

(8)    

For subsection (10) substitute—

 

“(10)    

In this section—

 

“detainee”, in relation to arrangements made under this section, means a

 

person detained in a police station in the police area of the police

 

authority;

 

“suspected terrorist detainee” means a detainee detained under section 41 of

 

the Terrorism Act 2000.”’.

 



 
 

Notices of Amendments: 5 November 2009                  

1538

 

Coroners and Justice Bill, continued

 
 

Lords Amendment No. 128

 

As an Amendment to the Lords Amendment:—

 

Mr Dominic Grieve

 

Mr Edward Garnier

 

Mr Henry Bellingham

 

(a)

 

Parliamentary Star    

Line  3,  at end insert ‘and has consented to the Lord Chancellor’s request.’.

 


 

Lords Amendment No. 129

 

As an Amendment to the Lords Amendment:—

 

Mr Andrew Dismore

 

Mr Richard Shepherd

 

Mr Graham Allen

 

Andrew Mackinlay

 

John Austin

 

Dr Evan Harris

 

(a)

 

Parliamentary Star    

Line  3,  leave out ‘paragraph 3’ and insert ‘paragraph 4’.

 

 

 

OrderS of the House [26 January and 4 march 2009]

 

That the following provisions shall apply to the Coroners and Justice 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 Tuesday 10 March 2009.

 

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.


 
 

Notices of Amendments: 5 November 2009                  

1539

 

Coroners and Justice Bill, continued

 
 

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.

 

 

Coroners and Justice BILL (PROGRAMME) (NO. 2)

 

Secretary Jack Straw

 

That the Order of 26 January 2000 (Coroners and Justice Bill (Programme)) shall be

 

amended, in paragraph 2, by substituting ‘Tuesday 10 March’ for ‘Thursday 5 March’.

 

 

Coroners and Justice BILL (PROGRAMME) (NO. 3)

 

Secretary Jack Straw

 

That the Order of 26 January 2009 (Coroners and Justice Bill (Programme)) as varied

 

by the Order of 4 March 2009 (Coroners and Justice Bill (Programme) (No 2)), be further

 

varied as follows:

 

       1. Paragraphs 4 and 5 of the Order shall be omitted.

 

       2. Proceedings on consideration and Third Reading shall be concluded in two

 

days.

 

       3. Proceedings on consideration shall be taken on each of those days as shown

 

in the following Table and in the order so shown.

 

       4. Each part of the proceedings shall (so far as previously concluded) be brought

 

to a conclusion at the time specified in the second column of the Table.

 

        TABLE

 

Proceedings

Time for conclusion of proceedings

 
 

New Clauses, New Schedules and

The moment of interruption

 
 

amendments relating to inquests

  
 

into a person’s death that may be

  
 

conducted without a jury;

  
 

remaining New Clauses, New

  
 

Schedules and amendments

  
 

relating to Part 1; New Clauses,

  
 

New Schedules and amendments

  
 

relating to Part 2 except those

  
 

relating to hatred on grounds of

  
 

sexual orientation

  

 
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