House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

149

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Tuesday 24 March 2009

Report Stage Proceedings

Coroners and Justice Bill, As Amended

[second Day]

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

Withdrawn  NC11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.’.

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

David Howarth

Dr Evan Harris

Not called  NC37

To move the following Clause:—

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

(2)
After subsection 29B (1) insert—

Report Stage Proceedings: 24 March 2009
150

Coroners and Justice Bill, continued

“(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

Mr David Amess

Negatived on division  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

Withdrawn  NC19

To move the following Clause:—

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

follows.

(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

Not called  NC38

To move the following Clause:—

Report Stage Proceedings: 24 March 2009
151

Coroners and Justice Bill, continued

‘(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

Not called  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

Not called  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

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

Not called  24

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

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

Not called  133

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

Report Stage Proceedings: 24 March 2009
152

Coroners and Justice Bill, continued

insert ‘not an excluded body’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Not called  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

Not called  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’.

Secretary Jack Straw

David Howarth

Jenny Willott

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

Agreed to  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

Not called  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.’.

Report Stage Proceedings: 24 March 2009
153

Coroners and Justice Bill, continued

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Not called  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

Not called  83

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

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Not called  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

Not called  85

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

Secretary Jack Straw

Agreed to  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

Agreed to  153

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

Report Stage Proceedings: 24 March 2009
154

Coroners and Justice Bill, continued

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Not called  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.”’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Not called  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

Not called  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

Not selected  NC43

To move the following Clause:—

Report Stage Proceedings: 24 March 2009
155

Coroners and Justice Bill, continued

‘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.’.

David Howarth

Jenny Willott

Alun Michael

Withdrawn  20

Page  61,  line  37  [Clause  103],  at end insert—

‘(za)
the relative effectiveness of sentences in preventing re-offending;’.

David Howarth

Jenny Willott

Alun Michael

Not called  21

Page  61  [Clause  103],  leave out lines 41 and 42 and insert—

‘(d)
the relative cost-effectiveness of different sentences in relation to

preventing re-offending;’.

Secretary Jack Straw

Agreed to  143

Page  62,  line  2  [Clause  104],  leave out subsections (1) to (4) and insert—

‘(1)
This section applies to sentencing guidelines relating to a particular offence.

(2)
The guidelines must, if the Council considers it appropriate given the nature of

the offence, describe, by reference to one or both of the factors mentioned in

subsection (3), different categories of case involving the commission of the

offence which illustrate (in so far as it is possible to do so by reference to those

factors only) the varying degrees of seriousness with which the offence may be

committed.

(3)
Those factors are—

(a)
the offender’s culpability in committing the offence;

(b)
the harm caused, or intended to be caused or which might foreseeably

have been caused, by the offence.

(4)
The guidelines must—

(a)
specify the range of sentences (“the offence range”) which, in the opinion

of the Council, it may be appropriate for a court to impose on an offender

convicted of that offence, and

(b)
if the guidelines describe different categories of case under subsection

(2), specify for each category the range of sentences within the offence

range which, in the opinion of the Council, it may be appropriate for a

court to impose on an offender in a case which falls within the category.

(4A)
The guidelines must also—

(a)
specify the sentencing starting point in the offence range, or

(b)
if the guidelines describe different categories of case under subsection

(2), specify the sentencing starting point in the offence range for each of

those categories.’.