Debate on bill and Committee of the Whole House (HC) on Tuesday, 23 March 2010, in the House of Commons.
Cluster Munitions (Prohibitions) Bill [Lords]
Cluster Munitions (Prohibitions) Bill (HL). Committee stage. New clause 1 debated and withdrawn. Amendments debated and withdrawn or negatived on division (190 to 255). Third reading. Agreed on question and bill passed, with an amendment.
Secondary information
- Type
- Parliamentary proceeding
- Reference
- 508 c150-92
- Session
- 2009-10
- Department
- Foreign and Commonwealth Office
- Legislative stage
- Committee stage
- Third reading
- Report stage
- Procedure
- New clauses
- Chamber / Committee
- House of Commons chamber
- Related items
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Cluster Munitions (Prohibitions) Bill (HL). Brought from the Lords. Explanatory Notes Bill 63-EN also published.
Monday, 8 February 2010
Bills
House of Commons
- Proceeding contributions
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Chris Bryant | 508 c180 (Link to this contribution) I will do my best. We want to make sure that all the overseas territories are fully compliant with t...
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Ed Davey | 508 c179 (Link to this contribution) I rise briefly to say that the amendments are good proposals. I see no reason for having "may" and n...
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William Cash | 508 c179-80 (Link to this contribution) I participated in a Westminster Hall debate initiated by the hon. Member for Islington, North (Jerem...
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David Lidington | 508 c178-9 (Link to this contribution) Clause 33 covers the extent of the proposed Act. My amendments seek to strengthen the provisions whi...
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Chair of Committees of the Whole House | 508 c178 (Link to this contribution) With this it will be convenient to discuss amendment 5, page 21, line 29, leave out "any of".
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David Lidington | 508 c178 (Link to this contribution) I beg to move amendment 4, page 21, line 29, leave out "may" and insert "shall".
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Chris Bryant | 508 c178 (Link to this contribution) The hon. Gentleman is very perspicacious. I might have to write to him about this. I do not think th...
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William Cash | 508 c177-8 (Link to this contribution) The clause specifically states:""This Act binds the Crown."" It goes on to say:""No contravention b...
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Chris Bryant | 508 c177 (Link to this contribution) He says that he has just arrived, but he has been here for some time. He has clearly given up on tex...
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Tom Harris | 508 c177 (Link to this contribution) No, I have just arrived.
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Mark Durkan | 508 c174 (Link to this contribution) The hon. Gentleman raised concerns about the clause, and touched on possible implications for devolv...
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Mark Durkan | 508 c171 (Link to this contribution) I thank the Minister for giving way; he is very generous—and creative. Other hon. Members have refe...
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Chris Bryant | 508 c171 (Link to this contribution) The Attorney-General's role is different from that of a politician. A politician might come up with ...
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Chair of Committees of the Whole House | 508 c171 (Link to this contribution) Order. I thought that the Minister was intervening on the hon. Member for Stone (Mr. Cash).
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Chris Bryant | 508 c171 (Link to this contribution) I hope that you meant that the other way round, Mrs. Heal, but anyway, now that we have cleared that...
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Chris Bryant | 508 c171 (Link to this contribution) I thought that it was still my speech and that the hon. Gentleman was intervening; I gave way to him...
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William Cash | 508 c171 (Link to this contribution) On a point of order, Mrs. Heal. I apologise to the Minister, because I thought that he had finished ...
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William Cash | 508 c170 (Link to this contribution) I give way to the hon. Gentleman.
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David Lidington | 508 c171-2 (Link to this contribution) I want to ask the Minister why he believes that the pretty draconian enabling powers in the clause a...
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William Cash | 508 c172-4 (Link to this contribution) Obviously, I agree with what my hon. Friend has said, but I would simply add a point. He refers to a...
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David Drew | 508 c168 (Link to this contribution) I shall try to be helpful so that I am not chided for missing something. If I understood correctly w...
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Chris Bryant | 508 c168-9 (Link to this contribution) I am afraid that that has nothing to do with clause 23, which is about the disclosure of information...
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William Cash | 508 c169 (Link to this contribution) This is a very important clause, because when we bring all the arguments that we have addressed so f...
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Mark Durkan | 508 c169 (Link to this contribution) It is not often that I am called in aid by the hon. Gentleman, so there is a blue moon this evening....
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Chris Bryant | 508 c168 (Link to this contribution) The hon. Gentleman must have slipped out of the Chamber when I answered a similar question from the ...
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William Cash | 508 c168 (Link to this contribution) We are debating clause stand part. It was my intention, in line with the remarks of my hon. Friend t...
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Chris Bryant | 508 c168 (Link to this contribution) I would not dare suggest that the hon. Gentleman table an amendment, or do anything in particular. M...
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William Cash | 508 c169-70 (Link to this contribution) I am extremely glad that the hon. Gentleman is here, by an accident of fate, because that has helped...
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Chris Bryant | 508 c170 (Link to this contribution) We could have left out clause 24, which would have meant that the Attorney-General had no role to pl...
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William Cash | 508 c170 (Link to this contribution) I am very glad in one sense to hear what the Minister has just said. On whether consent for prosecut...
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William Cash | 508 c174-5 (Link to this contribution) The hon. Gentleman is right, of course, because although subsection (1) is definitely tied to""any a...
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Mark Durkan | 508 c175 (Link to this contribution) I thank the hon. Gentleman for that relevant observation, although I am not sure that we can await t...
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William Cash | 508 c175 (Link to this contribution) It is slightly extraordinary that the Bill gives rise to so many complications, and, in many ways, I...
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Mark Durkan | 508 c175-6 (Link to this contribution) Again, I thank the hon. Gentleman for those points. All I ask of the Minister—obviously he cannot ac...
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Mark Durkan | 508 c176 (Link to this contribution) I assure the Minister that I was not looking for an insistence on primary legislation, and I accept ...
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Chris Bryant | 508 c176 (Link to this contribution) I understand that, and I was not making such an allegation against my hon. Friend. One of the diffic...
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Chris Bryant | 508 c177 (Link to this contribution) The hon. Gentleman is attempting orally to table an amendment, but unfortunately it has not been tab...
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William Cash | 508 c154 (Link to this contribution) Will the Minister give way?
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Chris Bryant | 508 c154 (Link to this contribution) I have finished.
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Chair of Committees of the Whole House | 508 c154 (Link to this contribution) Order. An hon. Member may speak more than once, as indeed can the Minister.
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William Cash | 508 c154 (Link to this contribution) I would like to take up the Minister's last point, in the context of a provision to which we have no...
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Chris Bryant | 508 c153 (Link to this contribution) I give way to the hon. Gentleman.
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Ed Davey | 508 c153 (Link to this contribution) I do not believe the issue has anything to do with the European arrest warrant; it relates to whethe...
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Chris Bryant | 508 c153-4 (Link to this contribution) I think we are making slightly heavy weather of this. In an ideal world, the whole world would be ra...
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Chris Bryant | 508 c155 (Link to this contribution) I am sorry, but that is completely and utterly untrue. There would be no distinction. Any foreigner ...
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Ed Davey | 508 c154-5 (Link to this contribution) I had not intended to speak to this amendment, but the hon. Member for Aylesbury (Mr. Lidington) has...
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Chris Bryant | 508 c157 (Link to this contribution) I do not accept that because the European arrest warrant works in a very different way and is not at...
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David Lidington | 508 c157 (Link to this contribution) This has been an interesting short debate, not least because of the historic concordat between Kings...
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Lord Redwood | 508 c157 (Link to this contribution) Will my hon. Friend confirm from the Front Bench that were the Minister to come up with a way of dea...
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David Lidington | 508 c157 (Link to this contribution) I am happy to give the assurance that my right hon. Friend seeks. Subject to your discretion, Sir Al...
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William Cash | 508 c157-8 (Link to this contribution) In referring to Opposition Members, not necessarily of the same party, I think my hon. Friend was fa...
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David Lidington | 508 c158 (Link to this contribution) I will not commit myself to putting my name to such an amendment at this stage, but I agree with my ...
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Chris Bryant | 508 c158 (Link to this contribution) I want to be as helpful as I can, and I should like to be able to consider the idea of a manuscript ...
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David Lidington | 508 c158 (Link to this contribution) The Committee is in some difficulty, because our time is limited, and this is the only opportunity t...
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Lord Redwood | 508 c158 (Link to this contribution) It is difficult for us to accept that, given the number of gradations of status for tax purposes in ...
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David Lidington | 508 c158 (Link to this contribution) There are certainly many gradations of tax status. There are also—as the hon. Member for Kingston an...
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Ed Davey | 508 c155 (Link to this contribution) The Minister argues that point with great conviction, and he might be right, but I would seriously u...
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Lord Redwood | 508 c155-6 (Link to this contribution) I rise to support my hon. Friend the Member for Aylesbury (Mr. Lidington) and others, having listene...
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Chris Bryant | 508 c156 (Link to this contribution) In response to the hon. Member for Kingston and Surbiton (Mr. Davey), of course we have consulted th...
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William Cash | 508 c155 (Link to this contribution) I am beginning to sense that the hon. Gentleman is taking a pragmatic and sensible view of this matt...
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Ed Davey | 508 c155 (Link to this contribution) Perhaps we are in agreement, which might be a first, but I am not convinced that the issues regardin...
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William Cash | 508 c156 (Link to this contribution) The Minister is not answering the question.
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Chris Bryant | 508 c156 (Link to this contribution) I am at liberty not to give way again, I'm afraid. The hon. Gentleman has now made me lose my direct...
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Chris Bryant | 508 c156 (Link to this contribution) I am not giving way again. [Interruption.] I am sorry, but I am not going to give way.
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William Cash | 508 c156 (Link to this contribution) I am extremely grateful to the Minister. While he finds his lodestar, let me come back to a simple p...
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William Cash | 508 c162 (Link to this contribution) Is the Minister aware of any of the problems relating to cluster munitions arising in a far more imm...
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Chris Bryant | 508 c162 (Link to this contribution) That is a fair point, but the word "handle" could stretch its meaning in many different ways. That i...
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William Cash | 508 c162 (Link to this contribution) What about Georgia?
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Chris Bryant | 508 c162 (Link to this contribution) Absolutely. We hope that all countries will sign and ratify the convention and that they will take t...
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Lord Redwood | 508 c162 (Link to this contribution) I am very keen that we do not imperil and put at legal risk our forces when they are doing their dut...
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Chris Bryant | 508 c162 (Link to this contribution) The hon. Gentleman mentions Georgia and it—and Russia, for that matter—is likewise key. The reason ...
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Chris Bryant | 508 c161 (Link to this contribution) You referred to predictive texting and predictive speeches, Sir Alan. Earlier today, I tried to send...
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William Cash | 508 c161-2 (Link to this contribution) I am grateful to the Minister. In fact, the EU dimension that I have mentioned, which causes some hi...
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Chris Bryant | 508 c161 (Link to this contribution) I will give way, if the hon. Gentleman will let me make a little further progress with my argument. ...
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David Lidington | 508 c161 (Link to this contribution) My question to the Minister is rather narrower than the important issues raised by my right hon. Fri...
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Chair of Committees of the Whole House | 508 c161 (Link to this contribution) Order. I have heard of predictive text, but not of predictive speeches. I call Mr. Lidington.
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William Cash | 508 c160 (Link to this contribution) Indeed the Minister has not spoken about this yet, but I can almost predict that he will take exactl...
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Chris Bryant | 508 c160 (Link to this contribution) I have not spoken about this yet.
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William Cash | 508 c160 (Link to this contribution) Absolutely. Some people are not familiar with and simply do not know about the St. Malo agreement an...
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Lord Redwood | 508 c160 (Link to this contribution) My hon. Friend has made a better study of this than me and is a trained lawyer. Does he agree that m...
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William Cash | 508 c159-60 (Link to this contribution) I would like to take up a point made by my right hon. Friend the Member for Wokingham (Mr. Redwood) ...
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Lord Redwood | 508 c159 (Link to this contribution) It would be helpful to the Committee if the Minister gave an explanation of how likely he thinks the...
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David Lidington | 508 c158-9 (Link to this contribution) My hon. Friend has made a good point, which illustrates the extent to which legislation benefits fro...
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William Cash | 508 c158 (Link to this contribution) There is also the question of the defence that might be raised in relation to what the Bill defines ...
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David Drew | 508 c166 (Link to this contribution) The hon. Member for Stone (Mr. Cash) and I make interesting cellmates. I understand what the Minist...
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Chris Bryant | 508 c166 (Link to this contribution) Of course. Another cellmate.
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William Cash | 508 c166-8 (Link to this contribution) Just by looking at the clause, I note that its origins and inherent problems clearly involve questio...
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Chris Bryant | 508 c166 (Link to this contribution) My hon. Friend is a splendid chap, but I think he missed the debate on clause 9, which we have alrea...
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Chris Bryant | 508 c165 (Link to this contribution) I am not sure what charge, allegation or accusation was implicit in the comments of the extremely ch...
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William Cash | 508 c166 (Link to this contribution) When we are dealing with questions of evidence, we have to admit that there is not only the question...
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Chris Bryant | 508 c166 (Link to this contribution) Those troops would have committed a criminal offence, subject to up to 14 years' imprisonment and/or...
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David Drew | 508 c166 (Link to this contribution) On that point, will my hon. Friend give way?
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Chris Bryant | 508 c166 (Link to this contribution) Twenty-six years is considerably longer than the hon. Gentleman would get for using cluster munition...
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Lord Redwood | 508 c165 (Link to this contribution) I come back to the point that we have just briefly debated, because it is also relevant to this clau...
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Chris Bryant | 508 c164 (Link to this contribution) We do not seek to introduce new powers in British legislation for us to have access to buildings and...
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Chris Bryant | 508 c164 (Link to this contribution) The truth is that we would not have the convention if it had not included the interoperability provi...
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William Cash | 508 c165 (Link to this contribution) The issues that we have already discussed have been covered as adequately as we can, given the const...
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Chris Bryant | 508 c163 (Link to this contribution) It will indeed. That is a further reason why we think it important to provide the legal certainty th...
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Ed Davey | 508 c163-4 (Link to this contribution) The points that the right hon. Gentleman has made are right. We need to ensure that our forces have ...
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William Cash | 508 c163 (Link to this contribution) I do not know whether my right hon. Friend has noticed this, but clause 34(1) states:""This Act come...
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Lord Redwood | 508 c163 (Link to this contribution) We have not had a very full explanation from the Minister. Of course my colleagues and I share his w...
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Ed Davey | 508 c152 (Link to this contribution) I think that the hon. Member for Aylesbury (Mr. Lidington) has a point. If someone is permanently re...
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Chris Bryant | 508 c152 (Link to this contribution) No, of course I will not. The important point is that many other countries are already signatories. ...
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William Cash | 508 c152 (Link to this contribution) I will not deal with a theoretical, a hypothetical or a speculative; as may be judged from my demean...
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William Cash | 508 c150-1 (Link to this contribution) I share my hon. Friend's concern. He said that it is probing amendment, but of course, in the contex...
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Chris Bryant | 508 c151 (Link to this contribution) I understand the nature of the argument made by the hon. Member for Aylesbury (Mr. Lidington), but I...
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David Lidington | 508 c150 (Link to this contribution) I beg to move amendment 1, page 2, line 33, leave out subsection (3). This is a probing amendment. ...
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David Lidington | 508 c152 (Link to this contribution) I understand the Minister's argument, but surely it leads us towards the following perhaps unlikely,...
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David Drew | 508 c151 (Link to this contribution) That is at the nub of the point that I raised on Second Reading. Things are not quite as simple as t...
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Chris Bryant | 508 c151-2 (Link to this contribution) I am not sure that my hon. Friend is right on that last point about there being cluster munitions th...
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William Cash | 508 c153 (Link to this contribution) The Minister shakes his head, but I think he said that the land mines legislation was enacted in—
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Chris Bryant | 508 c153 (Link to this contribution) indicated dissent.
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William Cash | 508 c153 (Link to this contribution) So it predates the European arrest warrant, which means my point remains. The situation I have in mi...
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Chris Bryant | 508 c153 (Link to this contribution) For the most part, when a non-British national goes abroad and breaks the law in another country, ob...
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William Cash | 508 c153 (Link to this contribution) This is the Committee stage—and it is on the Floor of the House, too—so it is important that we get ...
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Chris Bryant | 508 c153 (Link to this contribution) I will give way one final time to the hon. Gentleman.
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William Cash | 508 c191-2 (Link to this contribution) If I have taken up a somewhat disproportionate amount of time on this Bill, I make no apology whatev...
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Mark Durkan | 508 c190-1 (Link to this contribution) When the Minister opened this debate, he rightly paid tribute to the Norwegian Government's leadersh...
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Ed Davey | 508 c189-90 (Link to this contribution) At the moment, British politics, and this place in particular, is held in low regard by the public. ...
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Chris Bryant | 508 c185 (Link to this contribution) I beg to move amendment 6, page 21, line 36, leave out subsection (3). This is very straightforward...
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William Cash | 508 c185 (Link to this contribution) I am more interested in facts than fictions. I am concerned about clause 34(1), which says:""This Ac...
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Chair of Committees of the Whole House | 508 c182 (Link to this contribution) I ask the Serjeant at Arms to investigate the delay in the Aye Lobby.
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David Lidington | 508 c181-2 (Link to this contribution) I listened with interest to the Minister's comments, and I am grateful for the support of my hon. Fr...
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Chris Bryant | 508 c181 (Link to this contribution) Yes, absolutely. In relation to Diego Garcia in particular, as I said last week, the United States h...
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David Lidington | 508 c181 (Link to this contribution) Does the Minister have it in mind that 2013 will be the date by which the convention and the Bill wi...
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Chris Bryant | 508 c181 (Link to this contribution) But, if my hon. Friend will allow me to say so, that is to forget amendment 5, which is to remove th...
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Mark Durkan | 508 c181 (Link to this contribution) The Minister has argued that because some of the terms in the Bill are not consistent with the legal...
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Chris Bryant | 508 c180-1 (Link to this contribution) It varies significantly from one overseas territory to another. Obviously, the Falklands is differen...
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Chris Bryant | 508 c188-9 (Link to this contribution) I beg to move, That the Bill be now read the Third time. I hope that all hon. Members will agree th...
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Mark Durkan | 508 c187 (Link to this contribution) I thank the Minister for his helpful clarification. Can he go further by assuring us that annual rep...
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Chris Bryant | 508 c187 (Link to this contribution) Would that my assurances always satisfied the hon. Member for Stone (Mr. Cash). He apologised earlie...
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David Lidington | 508 c188 (Link to this contribution) I am grateful to the Minister for his explanation and, in particular, for the assurance that article...
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Chris Bryant | 508 c188 (Link to this contribution) Annual reports certainly will be made, because that is provided for in the article. I am therefore h...
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David Lidington | 508 c186 (Link to this contribution) I beg to move, That the clause be read a Second time. The convention imposes on all states parties ...
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William Cash | 508 c186 (Link to this contribution) I am glad to have got the point on the record. Amendment agreed to. Clause 34, as amended, ordered...
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William Cash | 508 c187 (Link to this contribution) I also hope that the provision is not necessary. Without wanting to be too pedantic—or precise, to p...
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Ed Davey | 508 c186 (Link to this contribution) I have great sympathy with the new clause and I hope that the Minister will explain that it is not n...
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Chair of Committees of the Whole House | 508 c186 (Link to this contribution) Order. May I remind the hon. Gentleman that we are discussing amendment No. 6? Perhaps his remarks c...
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Chris Bryant | 508 c176 (Link to this contribution) I confess that I am not a big fan of the clause. I do not generally like such clauses, and I think t...
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Lord Redwood | 508 c165 (Link to this contribution) Let us consider a country such as Afghanistan. Let us suppose that British troops broke our law and ...
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Lord Redwood | 508 c163 (Link to this contribution) Indeed. I hope there will be proper guidance and briefings for all our military personnel who might ...
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Lord Redwood | 508 c164 (Link to this contribution) We are rushing through these clauses, so it would be helpful if the Minister explained why so many o...
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William Cash | 508 c176-7 (Link to this contribution) But I am sure that the Minister will appreciate my point that a very simple manuscript amendment cou...
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Chris Bryant | 508 c152 (Link to this contribution) The hon. Gentleman rather gave away his argument, because he said at the beginning of his comments, ...
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David Lidington | 508 c189 (Link to this contribution) Conservative Members are happy to welcome the Bill on to the statute book. As the Minister fairly po...
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William Cash | 508 c180 (Link to this contribution) The Minister will understand why I immediately refer him back to clause 29 and the power to modify A...
- Subjects
- Disclosure of information Armed forces Decommissioning Deployment Arms control Cluster munitions Enforcement Powers of entry Prosecutions Treaties
- Legislation
- Cluster Munitions (Prohibitions) Bill (HL) 2009-10
- Link
- View this Parliamentary proceeding on www.publications.parliament.uk
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