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Session 2008 - 09 Internet Publications Other Bills before Parliament

	485
	SUPPLEMENT TO THE VOTES AND PROCEEDINGS
	Monday 9 November 2009
	Proceedings
	on Consideration of Lords Amendments
	Coroners and Justice Bill
	On Consideration of Lords Amendments to the Coroners and Justice Bill
		Lords Amendment No. 1
	Secretary Jack Straw                                                                                         Agreed to
	Mr Andrew Dismore
	Mr Richard Shepherd
	Mr Graham Allen
	Andrew Mackinlay
	John Austin
	To move, That this House disagrees with the Lords in their Amendment.
		Lords Amendment accordingly disagreed to
		Lords Amendment No. 2
	Secretary Jack Straw                                                                                         Agreed to
	Mr Andrew Dismore
	Mr Richard Shepherd
	Mr Graham Allen
	Andrew Mackinlay
	John Austin
	To move, That this House disagrees with the Lords in their Amendment.
		Lords Amendment accordingly disagreed to
	Proceedings on Consideration of Lords Amendments: 9 November 2009  486
	Coroners and Justice Bill, continued
		Lords Amendment No. 216
	Secretary Jack Straw                                                                                         Agreed to
	Mr Andrew Dismore
	Mr Richard Shepherd
	Mr Graham Allen
	Andrew Mackinlay
	John Austin
	To move, That this House disagrees with the Lords in their Amendment.
		Lords Amendment accordingly disagreed to
	Mr Andrew Dismore                                                                                             Agreed to
	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:—
		Negatived on division  (a)
	Page  115,  line  29,  leave out paragraph 3.
		Not called  (b)
	Page  117,  line  15,  leave out paragraph 8.
		Lords Amendment No. 55
	Secretary Jack Straw                                                                                         Agreed to on division
	David Howarth
	To move, That this House disagrees with the Lords in their Amendment.
		Lords Amendment accordingly disagreed to
	David Howarth
	To move the following Amendment to the Bill in lieu of the Lords Amendment:—
		Not called  (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
	Proceedings on Consideration of Lords Amendments: 9 November 2009  487
	Coroners and Justice Bill, continued
		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                                                                                         Agreed to on division
	To move, That this House disagrees with the Lords in their Amendment.
		Lords Amendment accordingly disagreed to
		Lords Amendment No. 119
	Secretary Jack Straw                                                                                         Agreed to
	To move, That this House disagrees with the Lords in their Amendment.
		Lords Amendment accordingly disagreed to
		Lords Amendment No. 121
	Secretary Jack Straw                                                                                         Agreed to
	To move, That this House disagrees with the Lords in their Amendment.
		Lords Amendment accordingly disagreed to
		Lords Amendment No. 236
	Secretary Jack Straw                                                                                         Agreed to
	To move, That this House disagrees with the Lords in their Amendment.
		Lords Amendment accordingly disagreed to
	Proceedings on Consideration of Lords Amendments: 9 November 2009  488
	Coroners and Justice Bill, continued
		Lords Amendment No. 239
	Secretary Jack Straw                                                                                         Agreed to
	To move, That this House disagrees with the Lords in their Amendment.
		Lords Amendment accordingly disagreed to
		Lords Amendment No. 66
	Secretary Jack Straw                                                                                         Agreed to on division
	To move, That this House disagrees with the Lords in their Amendment.
		Lords Amendment accordingly disagreed to
	Secretary Jack Straw
	To move the following Amendment to the Bill in lieu of the Lords Amendment:—
		Agreed to  (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)”.
		(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—
	Proceedings on Consideration of Lords Amendments: 9 November 2009  489
	Coroners and Justice Bill, continued
		(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 Amendments 3 to 54, 56 and 57 agreed to
		Lords Amendment No. 58
	As Amendments to the Lords Amendment:—
	Dr Evan Harris
		Not called  (a)
	Line  3,  at beginning insert ‘(1)’.
	Dr Evan Harris
		Not called  (b)
	Line  7,  at end add—
	Proceedings on Consideration of Lords Amendments: 9 November 2009  490
	Coroners and Justice Bill, continued
		‘(2)     The offence of blasphemous libel under the common law of Northern Ireland is
		abolished.’.
	Dr Evan Harris
		Not selected  (c)
	Line  7,  at end add—
		‘(2)     The offence of blasphemy under the common law of Northern Ireland is
		abolished.’.
		Lords Amendment 58 agreed to
		Lords Amendments 60 to 65, 67 to 118, 120 and 122 to 127 agreed to
		Lords Amendment No. 128
	As an Amendment to the Lords Amendment:—
	Mr Dominic Grieve
	Mr Edward Garnier
	Mr Henry Bellingham
		Not called  (a)
	Line  3,  at end insert ‘and has consented to the Lord Chancellor’s request.’.
		Lords Amendment 128 agreed to
		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
		Not called  (a)
	Line  3,  leave out ‘paragraph 3’ and insert ‘paragraph 4’.
		Lords Amendment 129 agreed to
		Lords Amendments 130 to 215, 217 to 235, 237, 238 and 240 to 244 agreed to

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