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Proceeding contribution from Lord Henley (Conservative) in the House of Lords on Wednesday, 11 November 2009. It occurred during Debate on bill on Coroners and Justice Bill.


Coroners and Justice Bill

My Lords, I intervene briefly, first to make it clear, as the late Lord Kingsland did in Committee, that on these Benches this is a matter for a free vote. It will be entirely up to each Member on these Benches to decide how to vote. I shall support my noble friend in due course. Secondly, I will pick up the point made by the Minister about this matter being debated four times, and sent back to us four times by another place. This was very well dealt with by my noble and learned friend Lord Mackay of Clashfern. My late friend Lord Kingsland made the same point in June or July when he said that the Government chose not to oppose the decision taken in your Lordships’ House last year to support, "““my noble friend Lord Waddington’s amendment, which subsequently became Section 29JA of the Public Order Act 1986””." My late friend continued: "““It is, in my view, an abuse of parliamentary procedure to bring this matter back to Parliament without any evidence that Parliament had made bad law, especially when the same Government are in power. Indeed, the Government say, in terms, that Section 29JA is not bad law. Their case is that it is unnecessary law because the definition of the offence of incitement implies, in terms, the contents of my noble friend Lord Waddington’s amendment … In these circumstances, it cannot be good constitutional practice for a Government to compel Parliament, the law-maker””—" and this is what they are doing— "““to spend further time on this matter. Indeed, I would describe it as abuse of legislative procedure””.—[Official Report, 9/7/09; col. 812.]" With that and with the speeches that we have heard this evening, we should invite the Minister to comment and then invite the House to come to a decision on the issue.


Secondary information

Type
Proceeding contribution
Reference
714 c859 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Data protection Detainees Death Coroners Inquiries Electronic surveillance Homosexuality Evidence Incitement Homicide Discrimination Freedom of expression Terrorism Sexuality Homophobia
Legislation
Coroners and Justice Bill 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk