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"( ) For sub-paragraph (2) substitute
"(2) A designation may not apply this paragraph to any person unless a designation also applies paragraph 1A to him.""
Page 190, line 27, after "(3)" insert
"(a) for "sub-paragraph (2)" substitute "paragraph 1A(3)",
Page 190, leave out lines 34 to 36.
Page 191, line 1, leave out "the designation" and insert "a designation under paragraph 1A"
Page 191, line 2, leave out "sub-paragraph (2)" and insert "sub-paragraph (3) of that paragraph"
Page 191, line 14, leave out "(5)(b)" and insert "(5)
(a) omit paragraph (a),
(b) in paragraph (b)"
Page 192, line 15, at end insert
"( ) Omit sub-paragraph (7).
( ) At the end add
"(8) The application of any provision of this paragraph by paragraph 3(2), 3A(2) or 7A(8) has no effect unless a designation under this paragraph has applied this paragraph to the CSO in question."" .
Page 192, line 47, at end insert
"In paragraph 3 (power to require name and address of person acting in anti-social manner), in sub-paragraph (2), for "sub-paragraph (2) of that paragraph" substitute "paragraph 1A(3)"."
Page 193, line 19, leave out "sub-paragraph (2) of that paragraph" and insert "paragraph 1A(3)"
Page 193, line 23, at end insert
"In paragraph 4 (power to use reasonable force to detain person)
(a) in sub-paragraph (2)(b), after "paragraph" insert "1A or",
(b) in sub-paragraph (3), for "paragraph 2(2)" substitute "paragraph 1A(3)"."
The noble Baroness said: Amendment No. 153A has the effect of narrowing the scope of the new Clause 142 by stating specifically that peaceful advocacy of economic actions against companies that are connected with animal research organisations will not trigger an offence. The amendment ensures that an offence can be triggered only by methods of persuasion that are themselves unlawful, which has always been our intention.
The Joint Committee on Human Rights observed in its seventh scrutiny report that Clause 142 was capable of capturing lawful protest actions and we are therefore taking this opportunity to ensure that the scope for the clause to be so used against such actions is removed. We believe that the right to make lawful representations is a cornerstone of democratic society. I beg to move.
Lord Renton: My Lords, I confess that several years ago I became chairman of the only committee since 1870 to advise Parliament on how Acts of Parliament should be drafted. In those days there was never any question of references to A, B, C and D, and so on, within the statutes. That is a habit that has been growing, and I implore the Government to drop it, for two reasons: first, because it departs from the usual use of our language and, secondly, because Acts of Parliament must be understood by all the people, and
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not all people will understand when those references to A, B, C and D and so on are introduced. I really feel that it is a habit that we should get away from.
Baroness Scotland of Asthal: My Lords, of course, I hear what the noble Lord says, and I give proper deference to his long experience. However, many people say that they find Bills drafted in this way easier to understand, particularly the layman, who may not be as conversant as the noble Lord with the construction and interpretation of statutes. I hear what he says, but this seems to be a perfectly felicitous way in which to deal with the matter for the ordinary man and woman in the street.
Baroness Anelay of St Johns: I believe that we may now have a little problem, as we have now agreed the clause before the Minister had the opportunity formally to move her amendments. The Minister might by my intervention have been given time perhaps to recollect that fact. I would like to be of the greatest assistance, if there is any way in which we can undo what we have just done.
The noble Baroness said: There are two amendments that have the effect of extending the list of persons connected to animal research organisations contained in Clause 143, to include funders of research. Funders, including the Association of Medical Research Charities, have told us that they believe that they should have the same status in the new legislation as the customers, suppliers and employees of animal research organisations, as they have been targeted by unlawful action by extremists and feel that pain as equally as others who have been so subjected. A number of noble Lords made the case for such an amendment during Second Reading on 14 March, and we accept the case that funders and noble Lords have made. It is right that funders should have the same protection as other persons connected with animal research organisations.
I should tell the noble Baroness, Lady Anelay, that the reason why I hesitated was that the Deputy Chairman did say formally moved, which would have meant that the amendment would have gone through without my saying what I have just said. The temptation was there, but the noble Baroness was absolutely right to bring proceedings to a halt because this was a measure that the
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whole Chamber wanted to see in the Bill, and it gives us an opportunity to acknowledge, with a little pleasure, that it is now there. I beg to move.
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