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back to previous amendments
| | BARONESS BUTLER-SLOSS
LORD NORTHBOURNE |
| 117 | Insert the following new Clause— |
| | "Court's power of direction: child welfare |
| (1) | Where a person aged under 18 comes before the court, in circumstances in which a question may arise with respect to the welfare of that person, the court may direct the appropriate authority to undertake an investigation of the circumstances of that person. |
| (2) | If the court decides to direct an investigation, the provisions of section 37 (sections 2 to 6) of the Children Act 1989 (c. 41) shall apply. |
| (3) | Pending the investigation by the local authority concerned, the case of the person before the court shall be adjourned. |
| (4) | Upon receiving the information from the local authority concerned, the court shall decide whether to hear the case or dismiss the summons or adjourn the case generally." |
| 118 | Insert the following new Clause— |
| | "Court's power of direction: child welfare (No. 2) |
| (1) | Where a child under the age of 14 comes before the court, in circumstances in which a question may arise with respect to the welfare of that child, the court may direct the appropriate authority to undertake an investigation of the child's circumstances. |
| (2) | If the court decides to direct an investigation, the provisions of section 37 (sections 2 to 6) of the Children Act 1989 (c. 41) shall apply. |
| (3) | Pending the investigation by the local authority concerned, the case of the child before the court shall be adjourned. |
| (4) | Upon receiving the information from the local authority concerned, the court shall decide whether to hear case or dismiss the summons or adjourn the case generally." |
| 119 | Insert the following new Clause— |
"Looked-after children in custody
| | Assistance for looked-after children in custody |
| | After section 61A of the Criminal Justice Act 1991 (c. 53) insert— |
| "61B | Assistance for looked-after children in custody |
| (1) | This section applies to— |
| (a) | a child looked after by a local authority who is taken into custody; |
| (b) | a child or young person being held in custody who was previously being looked after by a local authority; |
| (c) | a child or young person who has been released from custody but who was, prior to his or her detention, being looked after by a local authority; and |
| (d) | a child or young person— |
| (i) | who is of a description prescribed by regulations made by the appropriate national authority; and |
| (ii) | in relation to whom the regulations impose the duties in this section on a local authority. |
| (2) | It is the duty of the local authority— |
| (a) | to appoint a person who shall act as the caseworker to the person to whom this section applies; |
| (b) | to arrange for appropriate advice, support and assistance to be available to a person to whom this section applies. |
| (3) | The caseworker appointed under subsection (2) must, so far as is reasonably practicable, be a person who is acting as a caseworker for the relevant person prior to that person being taken into custody. |
| (4) | The caseworker shall have a duty, so far as is reasonably practicable— |
| (a) | to maintain an ongoing relationship with the young person in custody; and |
| (b) | to advise and assist him with a view to promoting his welfare. |
| (5) | The duty contained in subsection (4) shall, so far as is reasonably practicable, continue after the young person has left custody. |
| (6) | The duty contained in subsection (2)(b) only applies to a young person over 18 years of age if that person seeks the relevant advice, support or assistance. |
| (7) | The duties imposed by subsections (2), (4) and (5)— |
| (a) | are to be discharged in accordance with any regulations made for the purposes of this section by the appropriate national authority; |
| (b) | are subject to any requirement imposed by or under an enactment applicable to the place in which the person to whom this section applies is held in custody. |
| (8) | Regulations under this section for the purposes of subsection (7)(a) may, in particular, make provision about the frequency of visits by the caseworker to the young person in custody and upon his release from custody. |
| (9) | In choosing a caseworker the local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a caseworker under this section. |
| | "held in custody" means held in detention by the police, prison service or other court authority and "taken into custody" and "released from custody" shall be construed accordingly; |
| | "the appropriate national authority" means— |
| (a) | in relation to England, the Secretary of State; and |
| (b) | in relation to Wales, the Welsh Ministers."" |
| | LORD THOMAS OF GRESFORD
BARONESS FALKNER OF MARGRAVINE |
| 120 | Page 77, line 37, leave out "2" and insert "6" |
| 121 | Page 79, leave out lines 1 to 4 |
| 122 | Page 79, leave out lines 5 to 10 |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD WALLACE OF TANKERNESS |
| 123* | Page 79, line 38, leave out "appears to have" and insert "has" |
| 124* | Page 80, line 2, leave out "appears to have" and insert "has" |
| 125* | Page 80, line 9, leave out "it appears that" |
| 126* | Page 80, line 15, leave out from "which" to end and insert "results in the death of, or life-threatening injury to, a person" |
| 127* | Page 80, line 16, leave out from "in" to end |
| 128* | Page 80, line 18, leave out "or appears to involve" |
| 129* | Page 80, line 20, leave out "or appearing to perform" |
| 130* | Page 80, line 22, leave out "or appears to be" |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD WALLACE OF TANKERNESS |
| 131* | Page 80, line 41, leave out "it appears that" |
| 132* | Page 80, line 44, leave out "appears to have" and insert "has" |
| | LORD WALLACE OF TANKERNESS
BARONESS MILLER OF CHILTHORNE DOMER |
| 133 | Page 81, line 35, leave out "prove" and insert "show" |
| 134 | Page 81, line 44, at end insert— |
| "(d) | that they reasonably believe that no person portrayed in the image was made to act against their will. |
| ( ) | For the purposes of this section whether a belief is reasonable is to be determined having regard to all the circumstances." |
| | LORD FAULKNER OF WORCESTER
BARONESS MILLER OF CHILTHORNE DOMER
BARONESS STERN
BARONESS HOWE OF IDLICOTE |
| 135 | Page 85, line 33, leave out subsection (3) |
| | LORD FAULKNER OF WORCESTER
BARONESS MILLER OF CHILTHORNE DOMER
BARONESS STERN
BARONESS HOWE OF IDLICOTE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 124 stand part of the Bill. |
| | LORD FAULKNER OF WORCESTER
BARONESS MILLER OF CHILTHORNE DOMER
BARONESS STERN
BARONESS HOWE OF IDLICOTE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 125 stand part of the Bill. |
| | LORD FAULKNER OF WORCESTER
BARONESS HOWE OF IDLICOTE
BARONESS MILLER OF CHILTHORNE DOMER
BARONESS STERN |
| 136 | Insert the following new Clause— |
| | "Definition of brothel used for prostitution |
| (1) | The Sexual Offences Act 1956 (c. 69) is amended as follows. |
| (2) | After section 33A insert— |
| | "33B Definition of brothel used for prostitution |
| (1) | Premises shall not be regarded as a brothel where— |
| (a) | no more than two women with or without a maid are working together or separately on any given day; and |
| (b) | it is a single enterprise. |
| (2) | Subsection (1) does not apply in the following situations where there is reasonable suspicion that— |
| (a) | children are involved; |
| (b) | trafficking in persons is involved; |
| (c) | serious and organised crime is involved; |
| (d) | known drug dealing is taking place."" |
| | LORD WADDINGTON
LORD CLARKE OF HAMPSTEAD
LORD BISHOP OF WINCHESTER |
| 137 | Page 269, line 19, at end insert— |
| | "13A After section 29J (protection of freedom of expression), insert— |
| | "29JA Protection of freedom of expression (sexual orientation) |
| | Nothing in this Part shall be read or given effect in a way which prohibits or restricts discussion of, criticism of or expressions of antipathy towards, conduct relating to a particular sexual orientation, or urging persons of a particular sexual orientation to refrain from or modify conduct related to that orientation."" |
| | LORD THOMAS OF GRESFORD
LORD WALLACE OF TANKERNESS |
| 138* | Page 88, line 37, after second "to", insert "all the circumstances, including" |
| 139* | Page 89, line 2, leave out first "those" and insert "all the" |
| 140* | Page 89, line 10, at end insert— |
| "(c) | that finding that D's belief was unreasonable, constitutes strong evidence that D did not honestly hold that belief." |
| 141* | Page 89, line 16, at beginning insert ", Subject to subsection (5)(c)" |
| 142* | Page 89, line 19, leave out paragraph (b) |
| | LORD WALLACE OF TANKERNESS
BARONESS MILLER OF CHILTHORNE DOMER |
| 143 | Page 89, line 37, leave out "and 55" and insert ", 55 and 55A". |
| 144 | Page 89, line 39, after "55" insert "or 55A" |
| | EARL OF ONSLOW
BARONESS STERN |
| 145 | Insert the following new Clause— |
| | The offences of blasphemy and blasphemous libel are abolished." |
| | LORD WALLACE OF TANKERNESS
BARONESS MILLER OF CHILTHORNE DOMER |
| 146 | Insert the following new Clause— |
| | "Data protection: additional offences |
| (1) | After section 55 of the Data Protection Act 1998 (c. 29) insert— |
| "55A | Data protection: additional offences |
| (1) | A data controller must not— |
| (a) | intentionally or recklessly disclose information contained in personal data to another person, |
| (b) | repeatedly and negligently allow information contained in personal data to be disclosed, or |
| (c) | intentionally or recklessly fail to comply with duties under section 4(4). |
| (2) | Subsection (1)(a) does not apply if the data controller can show that the disclosure— |
| (a) | was necessary for the purpose of preventing or detecting crime, |
| (b) | was required or authorised by or under any enactment, by any rule of law, or by the order of a court, or |
| (c) | was justified in the particular circumstances as being in the public interest. |
| (3) | This section shall apply whether or not the data controller is— |
| (a) | a relevant authority under section 29, or |
| (b) | exercising a relevant function under section 31. |
| (4) | A data controller who contravenes subsection (1) is guilty of an offence." |
| (2) | In section 63 of the Data Protection Act 1998, omit subsection (5)." |
| 147 | Insert the following new Clause— |
| | "Religious hatred offences |
| (1) | Part 3 of the Public Order Act 1986 (c. 64) (racial hatred offences) is amended as follows. |
| (2) | For the heading substitute "RACIAL OR RELIGIOUS HATRED." |
| (3) | After section 17 insert— |
"Meaning of "religious hatred"
| 17A | Meaning of "religious hatred" |
| | In this Part "religious hatred" means hatred against a group of persons defined by reference to religious belief or lack of religious belief." |
| (4) | In the following provisions for "racial hatred" substitute "racial or religious hatred"— |
| (a) | the cross-heading preceding section 18; |
| (b) | section 18(1) and (5) (use of words or behaviour or display of written material); |
| (c) | section 19(1) and (2) (publishing or distributing written material); |
| (d) | section 20(1) and (2) (public performance of play); |
| (e) | section 21(1) and (3) (distributing, showing or playing a recording); |
| (f) | section 22(1), (3), (4), (5) and (6) (broadcasting or including programme in cable programme service); |
| (g) | section 23(1) and (3) (possession of racially inflammatory material). |
| (5) | In the sidenote to section 23 and the preceding cross-heading for "racially inflammatory" substitute "inflammatory". |
| (6) | In section 29 (interpretation) after the definition of "recording" insert— |
| | ""religious hatred" has the meaning given by section 17A;". |
| (7) | In section 24(2) of the Police and Criminal Evidence Act 1984 (c. 60) (arrestable offences) in paragraph (i) (offences under section 19 of the Public Order Act 1986 (c. 64)) for "racial hatred" substitute "racial or religious hatred"." |
| 148 | Insert the following new Clause— |
| | "Abolition of certain religious offences |
| (1) | The following offences are abolished— |
| (a) | blasphemy and blasphemous libel; |
| (b) | any distinct offence of disturbing a religious service or religious devotions; |
| (c) | any religious offence of striking a person in a church or churchyard. |
| (2) | The following provisions are repealed— |
| (a) | in section 1 of the Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8), the words "blasphemous libel, or"; |
| (b) | in sections 3 and 4 of the Law of Libel Amendment Act 1888 (c. 64), the words "blasphemous or"; |
| (c) | section 59 of the Cemeteries Clauses Act 1847 (c. 65); |
| (d) | section 2 of the Ecclesiastical Courts Jurisdiction Act 1860 (c. 32); |
| (e) | section 36 of the Offences against the Person Act 1861 (c. 100); |
| (f) | section 7 of the Burial Laws Amendment Act 1880 (c. 41)." |
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