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Proceeding contribution from Lord Bach (Labour) 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, the honourable Claire Ward, a member of the Labour Party in the House of Commons, spoke very well on that occasion. The noble Lord says there is no settled will of the other place. The settled will was expressed in the majorities of 169, 202, 154 and 197. That seems to me to represent conclusively the settled will of the other place. It is perhaps time, on this issue, that this House realises that it not the elected House. The noble and learned Baroness, Lady Butler-Sloss, made the point that there is great strength of feeling in this House. Of course there is—I accept that and respect it, even though I disagree with many noble Lords. The noble and learned Baroness contrasted that with the strength of feeling in the other place. There is great strength of feeling on this issue in both places. The difference is that the other place is the elected place—this House is not elected. I am sorry to repeat the proposition, but it is normal and constitutionally proper, when the other place has voted on as many occasions as it has with such huge majorities on an issue such as this, to support the views of the elected Chamber. The issue is not really freedom of expression. No-one here is against freedom of expression. I have already tried to point out that freedom of expression is preserved by this legislation, first, by the fact that the Attorney-General has to approve of all prosecutions and she is bound to follow the European Convention on Human Rights. Secondly, two very distinguished groups—the Joint Committee on Human Rights and the Equality and Human Rights Commission—have looked at this matter carefully and concluded that there are no freedom-of-expression issues. If you are to have freedom-of-expression clauses in the Bill, why not have them in every Bill? Why do you not always have a freedom-of-expression clause?


Secondary information

Type
Proceeding contribution
Reference
714 c860-1 
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 Independent Commissioner for Detained Terrorist Suspects
Legislation
Coroners and Justice Bill 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk