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Coroners and Justice Bill |
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LORDS AMENDMENT IN LIEU, INSISTENCE AND REASONS
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[The page and line references are to HL Bill 33, the bill as first printed for the Lords] |
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1 | Insert the following new Clause— |
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| | “Information for inquests |
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| | In section 15 of the Regulation of Investigatory Powers Act 2000 (c. 23) |
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| | (general safeguards), after subsection (4)(c) insert— |
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| | ““(ca) | it is necessary to ensure that an inquest has the information |
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| | it needs to enable the matters required to be ascertained by |
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| | the investigation to be ascertained;”.” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendment No. 1 for the following Reason— |
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1A | Because intercepted material and related communications data, and information about the |
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| | circumstances in which they were obtained, should not be publicly disclosed. |
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| | LORDS NON-INSISTENCE AND AMENDMENT IN LIEU |
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| | The Lords do not insist on their Amendments 1, 2 and 216, but do propose Amendment 1B |
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1B | Page 115, line 29, leave out sub-paragraph (1) and insert— |
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| | (1) | “Subject to sub-paragraph (2), a senior coroner must suspend an |
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| | investigation under this Part of this Act into a person’s death if— |
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| | (a) | the Lord Chancellor requests the coroner to do so on the ground |
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| | that the cause of death is likely to be adequately investigated by |
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| | an inquiry under the Inquiries Act 2005 (c. 12) that is being or is |
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| | (b) | a senior judge has been appointed under that Act as chairman of |
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| | (c) | the Lord Chief Justice has indicated approval to the Lord |
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| | Chancellor, for the purposes of this paragraph, of the |
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| | appointment of that judge. |
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| | | In paragraph (b) “senior judge” means a judge of the High Court or the |
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| | Court of Appeal or a Justice of the Supreme Court.” |
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2 | Insert the following new Clause— |
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| | “Amendment to the Regulation of Investigatory Powers Act 2000 |
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| | (1) | Section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23) |
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| | (exceptions to section 17) is amended as follows. |
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| | (2) | In subsection (7), after paragraph (c) insert— |
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| | “(d) | a disclosure to a coronial judge or to a person appointed as |
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| | counsel to an inquest or to members of a jury at an inquest |
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| | or to an interested person in which the coronial judge has |
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| | (3) | After subsection (8A) insert— |
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| | “(8B) | A coronial judge shall not order a disclosure under subsection |
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| | (7)(d) except where the judge is satisfied that the circumstances of |
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| | the case make the disclosure necessary to enable the matters |
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| | required to be ascertained by the investigation to be ascertained. |
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| | (8C) | An order for disclosure made under subsection (7)(d) may include |
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| | directions enabling the redaction of any material relating to the |
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| | method or means by which the information was obtained.” |
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| | (4) | After subsection (13) insert— |
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| | “(14) | In this section “interested person” has the same meaning as in |
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| | section 38 of the Coroners and Justice Act 2009. |
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| | (15) | In this section “coronial judge” means a judge nominated by the |
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| | Lord Chief Justice under the Coroners and Justice Act 2009 to |
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| | conduct an investigation into a person’s death and who has agreed |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendment No. 2 for the following Reason— |
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2A | Because intercepted material and related communications data, and information about the |
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| | circumstances in which they were obtained, should not be publicly disclosed. |
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| | LORDS NON-INSISTENCE AND AMENDMENT IN LIEU |
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| | The Lords do not insist on their Amendments 1, 2 and 216, but do propose Amendment 1B |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendment No. 59 for the following Reason— |
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59A | Because section 29JA of the Public Order Act 1986 makes unnecessary provision. |
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| | LORDS INSISTENCE AND REASON |
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| | The Lords insist on their Amendments 59, 119, 121, 236 and 239 for the following |
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59B | Because the provision made by section 29JA of the Public Order Act 1986 is necessary. |
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119 | Page 111, line 26, leave out paragraph (b) |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendment No. 119 for the following Reason— |
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119A | Because section 29JA of the Public Order Act 1986 makes unnecessary provision. |
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| | LORDS INSISTENCE AND REASON |
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| | The Lords insist on their Amendments 59, 119, 121, 236 and 239 for the following |
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119B | Because the provision made by section 29JA of the Public Order Act 1986 is necessary. |
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121 | Page 111, line 37, leave out sub-paragraphs (i) and (ii) |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendment No. 121 for the following Reason— |
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121A | Because section 29JA of the Public Order Act 1986 makes unnecessary provision. |
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| | LORDS INSISTENCE AND REASON |
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| | The Lords insist on their Amendments 59, 119, 121, 236 and 239 for the following |
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121B | Because the provision made by section 29JA of the Public Order Act 1986 is necessary. |
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216 | Page 212, line 28, at end insert— |
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| | “3A | Section (Amendment to the Regulation of Investigatory Powers Act 2000) has |
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| | effect in relation to investigations that have begun, but have not been |
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| | concluded, before the day on which that section comes into force (as well |
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| | as to inquests beginning on or after that day).” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendment No. 216 for the following Reason— |
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216A | Because it is consequential on Lords Amendment No. 2 to which the Commons disagree. |
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| | LORDS NON-INSISTENCE AND AMENDMENT IN LIEU |
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| | The Lords do not insist on their Amendments 1, 2 and 216, but do propose Amendment 1B |
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236 | Page 224, leave out line 38 |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendment No. 236 for the following Reason— |
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236A | Because section 29JA of the Public Order Act 1986 makes unnecessary provision. |
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| | LORDS INSISTENCE AND REASON |
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| | The Lords insist on their Amendments 59, 119, 121, 236 and 239 for the following |
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236B | Because the provision made by section 29JA of the Public Order Act 1986 is necessary. |
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239 | Page 224, leave out lines 39 and 40 |
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