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Proceeding contribution from Lord Hunt of Kings Heath (Labour) in the House of Lords on Wednesday, 7 May 2008. It occurred during Debate on bill on Criminal Justice and Immigration Bill.


Criminal Justice and Immigration Bill

My Lords, I am grateful to the noble Lord and the noble Baroness for their general welcome to the amendment. The Government have taken careful note of the debates in your Lordships' House. I cannot give a definite date to the noble Baroness, but I understand her point about the seriousness of these matters. We are committed to ensuring that data controllers have a clear understanding of the circumstances in which the Information Commissioner will consider it appropriate to issue a monetary penalty notice and of how the amount of the monetary penalty will be determined. That will require careful consideration. The Information Commissioner will be required under Amendment No. 115A to publish with the agreement of the Secretary of State statutory guidance on these matters, which will be laid before Parliament. I hope that it will ensure that proper regard is paid to the circumstances in which the monetary penalty is introduced, the notice that will need to be given to data controllers and the need for sufficient parliamentary scrutiny. I hope that noble Lords will accept the amendment on that basis. On Question, Motion agreed to. 117: Page 106, line 33, after "conditions" insert "as specified in section (Provisions that orders may contain)" The Commons disagree to Lords Amendments 117 and 127, but propose Amendments 127A to 127E in lieu- 127: Insert the following new Clause- "Provisions that orders may contain (1) The order may contain prohibitions, restrictions or conditions preventing the offender- (a) from going to any specified premises or any other specified place (whether at all, or at or between any specified time or times); (b) from attending any specified event; (c) from having any, or any specified description of, contact with any specified individual. (2) Any of the prohibitions, restrictions or conditions imposed by a violent offender order may relate to conduct in Scotland or Northern Ireland (as well as to conduct in England and Wales). (3) In this section "specified" means specified in the order. (4) The Secretary of State may amend subsection (1). (5) Any order made under subsection (4) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament." The Commons disagree to Lords Amendments 117 and 127, but propose Amendments 127A to 127E in lieu- 127A: Page 106, line 33, after "conditions" insert "authorised by section (Provisions that orders may contain)" 127B: Page 109, line 20, at end insert the following new Clause:- "Provisions that orders may contain (1) A violent offender order may contain prohibitions, restrictions or conditions preventing the offender- (a) from going to any specified premises or any other specified place (whether at all, or at or between any specified time or times); (b) from attending any specified event; (c) from having any, or any specified description of, contact with any specified individual. (2) Any of the prohibitions, restrictions or conditions contained in a violent offender order may relate to conduct in Scotland or Northern Ireland (as well as to conduct in England or Wales). (3) The Secretary of State may by order amend subsection (1). (4) In this section "specified" means specified in the violent offender order concerned." 127C: Page 110, line 8, at end insert- "(5A) References in subsection (5) to prohibitions, restrictions or conditions are to prohibitions, restrictions or conditions authorised by section (Provisions that orders may contain)." 127D: Page 110, line 32, at end insert- "(3A) The reference in subsection (3) to prohibitions, restrictions or conditions is to prohibitions, restrictions or conditions authorised by section (Provisions that orders may contain) in the case of a violent offender order." 127E: Page 141, line 23, at end insert- "( ) an order under section (Provisions that orders may contain),"


Secondary information

Type
Proceeding contribution
Reference
701 c588-9 
Session
2007-08
Chamber / Committee
House of Lords chamber
Subjects
Disclosure of information Data protection Criminal proceedings Crime Crimes of violence Crown Prosecution Service Incitement Industrial disputes Freedom of expression Police Pay Prisons Magistrates' courts Institute of Legal Executives Regulation Sentencing Sexuality HM Prison Service Suspended sentences Homophobia
Legislation
Criminal Justice and Immigration Bill 2006-07 to 2007-08
Link
View this Proceeding contribution on www.publications.parliament.uk