1543

House of Commons

Monday 9 November 2009

Consideration of Lords Amendments

New Amendments handed in are marked thus

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

Frank Dobson

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

Consideration of Lords Amendments: 9 November 2009

1544

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

Frank Dobson

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

Frank Dobson

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

Frank Dobson

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

(a)

Page  115,  line  29,  leave out paragraph 3.

(b)

Page  117,  line  15,  leave out paragraph 8.

Consideration of Lords Amendments: 9 November 2009

1545

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)

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.

Consideration of Lords Amendments: 9 November 2009

1546

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)

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)”.

Consideration of Lords Amendments: 9 November 2009

1547

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.”’.

Lords Amendment No. 58

As Amendments to the Lords Amendment:—

Dr Evan Harris

(a)

Line  3,  at beginning insert ‘(1)’.

Consideration of Lords Amendments: 9 November 2009

1548

Coroners and Justice Bill, continued

Dr Evan Harris

(b)

Line  7,  at end add—

‘(2)	The offence of blasphemous libel under the common law of Northern Ireland is

abolished.’.

Dr Evan Harris

(c)

Line  7,  at end add—

‘(2)	The offence of blasphemy under the common law of Northern Ireland is

abolished.’.

Lords Amendment No. 128

As an Amendment to the Lords Amendment:—

Mr Dominic Grieve

Mr Edward Garnier

Mr Henry Bellingham

(a)

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

Frank Dobson

(a)

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.

Consideration of Lords Amendments: 9 November 2009

1549

Coroners and Justice Bill, continued

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.

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.

---

Revised 9 November 2009