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back to previous amendments
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD JUDD |
| 134A | Page 85, line 31, after ""person" insert "aged 18 or over" |
| | 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 Hunt of Kings Heath gives notice of his intention to oppose the Question that Clause 123 stand part of the Bill. |
| | LORD FAULKNER OF WORCESTER
BARONESS MILLER OF CHILTHORNE DOMER
BARONESS STERN
BARONESS HOWE OF IDLICOTE
LORD HUNT OF KINGS HEATH |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 124 stand part of the Bill. |
| | Lord Hunt of Kings Heath gives notice of his intention to oppose the Question that Schedule 25 be the Twenty-fifth Schedule to the Bill. |
| | LORD FAULKNER OF WORCESTER
BARONESS MILLER OF CHILTHORNE DOMER
BARONESS STERN
BARONESS HOWE OF IDLICOTE
LORD HUNT OF KINGS HEATH |
| | 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 THOMAS OF GRESFORD
LORD WALLACE OF TANKERNESS |
| 136B* | Page 268, line 38, at end insert— |
| "( ) | After subsection (1) insert— |
| "(1A) | "Threatening" in subsection (1) extends to words, behaviour or written material which asserts or implies an association between sexual orientation and a propensity to commit child sex offences under Part 1 of the Sexual Offences Act 2003."" |
| | LORD WADDINGTON
LORD CLARKE OF HAMPSTEAD
LORD BISHOP OF WINCHESTER
LORD STODDART OF SWINDON |
| 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 |
| 137ZZA* | Page 269, line 24, at end insert— |
| "( ) | After subsection (1) insert— |
| "(1A) | When considering whether to consent to a prosecution under subsection (1), the Attorney General shall have particular regard to the importance of the right under Article 10 of the European Convention on Human Rights to freedom of expression."" |
| | LORD KINGSLAND
LORD HENLEY |
| 137ZA | Insert the following new Clause— |
| (1) | The Criminal Law Act 1967 (c. 58) is amended as follows. |
| (2) | In section 3 (use of force in making arrest, etc.), after subsection (1), insert— |
| "(1A) | Where a person uses force in the prevention of crime, or in the defence of persons or property, on another who is in any building or part of a building having entered as a trespasser or is attempting so to enter, that person shall not be guilty of any offence in respect of the use of that force unless— |
| (a) | the degree of force used was grossly disproportionate, and |
| (b) | this was, or ought to have been, apparent to the person using such force. |
| (1B) | No prosecution shall be brought against a person subject to subsection (1A) without the leave of the Attorney General. |
| (1C) | In this section "building or part of a building" shall have the same meaning as in section 9 of the Theft Act 1968 (c. 60) (burglary)."" |
| | LORD LUCAS
LORD THOMAS OF GRESFORD |
| 137A | Page 88, line 30, at end insert— |
| | "except that this section does not apply in cases to which section (Protection of persons exercising lawful powers) applies." |
| | LORD THOMAS OF GRESFORD
LORD WALLACE OF TANKERNESS |
| 138 | Page 88, line 37, after second "to" insert "all the circumstances, including" |
| 138A | Page 89, line 1, leave out subsection (4) |
| | LORD THOMAS OF GRESFORD
LORD WALLACE OF TANKERNESS |
| 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 KINGSLAND
LORD HENLEY |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 128 stand part of the Bill. |
| | LORD LUCAS
LORD THOMAS OF GRESFORD |
| 142A | Insert the following new Clause— |
| | "Protection of persons exercising lawful powers |
| (1) | Where a person is exercising powers or functions under— |
| (a) | Part 2 of the Tribunals, Courts and Enforcement Act 2007 (c. 15); |
| (b) | any statutory power of entry; |
| | that person is entitled to rely on the common law right of self-defence. |
| (2) | The occupier of any premises is entitled to rely on the common law right of self-defence. |
| (3) | Nothing in this section shall be construed as creating any additional right to use force against the person. |
| (4) | The words "except to the extent that regulations provide that it does" in each place they appear in paragraphs 24(2) and 31(5) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 are omitted." |
| | 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" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 144A* | Page 90, line 8, at end insert— |
| "(3C) | The liability to imprisonment provided by subsection (3A)(a) and (b) above shall not apply where the obtaining, disclosing or procuring which gives rise to the conviction under section 55 was for the purposes of journalism."" |
| 144B* | Insert the following new Clause— |
| | "Blasphemy and blasphemous libel |
| (1) | The offences of blasphemy and blasphemous libel under the common law of England and Wales are abolished. |
| (2) | In section 1 of the Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8) (orders for seizure of copies of blasphemous or seditious libel) the words "any blasphemous libel, or" are omitted. |
| (3) | In sections 3 and 4 of the Law of Libel Amendment Act 1888 (c. 64) (privileged matters) the words "blasphemous or" are omitted. |
| (4) | Subsections (2) and (3) (and the related repeals in Schedule 38) extend to England and Wales only." |
| | 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)." |
| 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)." |
| | LORD HENLEY
LORD KINGSLAND |
| 148A | Insert the following new Clause— |
| | "Unlawful loss of personal data |
| (1) | The Data Protection Act 1998 (c. 29) is amended as follows. |
| (2) | After section 55 (unlawful obtaining etc. of personal data) insert— |
| "55A | Unlawful loss of personal data |
| (1) | A person who knowingly or recklessly causes of allows personal data or the information contained in personal data to be lost from his control, where if such data or information were to come into the control of any person not entitled to it, it would be capable of being disclosed to him, shall be guilty of an offence. |
| (2) | Subsection (1) applies to a person who is— |
| (b) | a person acting in pursuance of a government contract." |
| (3) | In section 60(4)(a), after "55" insert "55A"." |
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