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Moved by

Earl Howe

1: Clause 4, page 3, line 11, at beginning insert “Subject to subsections (3) and (4),”

Member
Earl Howe (Conservative)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 c137
House
House of Lords

My Lords, I will also speak to the other government amendments in this group.

Government Amendments 1 to 4 return to the issue of the proper scope of the new designated area offence provided for in Clause 4. I thank the Opposition for their constructive approach to this provision. It was...

Member
Earl Howe (Conservative)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 cc137-8
House
House of Lords

Before the Minister sits down, I want to raise a particular point about the amendment: why six months? Why was six months chosen rather than three months, a year or any other period? I wondered whether there was a clear medical or legal reason for that or whether it was...

Member
Lord Foulkes of Cumnock (Labour)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 c138
House
House of Lords

My Lords, I am advised that it is in line with provisions in other Acts. If the noble Lord will allow, I will write to him on which they are, as I do not have that information. Essentially, it was a matter of drawing a line at some point. One...

Member
Earl Howe (Conservative)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 c138
House
House of Lords

My Lords, I beg the indulgence and forgiveness of the House because I have not been involved in previous stages of the Bill, but the amendment concerns terminal illness, and I should declare that that is my specialty. It may be helpful to the Minister if I explain that the...

Member
Baroness Finlay of Llandaff (Crossbench)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 cc138-9
House
House of Lords

I am grateful to the noble Baroness. The example she cites illustrates very well that whether the exemption applies will depend very much on the facts of the individual case and would ultimately be for a jury to determine, if a case got that far. In her example, it would...

Member
Earl Howe (Conservative)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 c139
House
House of Lords

My Lords, will the Minister contemplate another example? Megrahi was sent from a Scottish jail back to Libya and expected to die within a short period, but he lived for longer than six months. What if someone was here and the same thing applied? President Pinochet was allowed to go...

Member
Archbishop of York (Bishops (affiliation))
Type
Proceeding contributions
Date
15 January 2019
Reference
795 c139
House
House of Lords

I am grateful to the most reverend Primate. Again, we come down to the words “reasonable belief”. If it is reasonable to believe that somebody is about to die within the six-month period, I feel sure that the police will not argue that point to the nth degree.

Member
Earl Howe (Conservative)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 c139
House
House of Lords

My Lords, I am grateful to the Minister and the Government for pursuing the point. I looked at this for some time and came to the

view that the words “reasonably be expected” were the best that one could provide to cover circumstances that cannot be listed in detail. Indeed,...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 cc139-140
House
House of Lords

My Lords, I support very strongly indeed what has just been said. Having spent much of my life working with humanitarian agencies, I know that the importance of what has been said cannot be overemphasised. We must not slip into an attitude in which relief, when things have gone badly...

Member
Lord Judd (Labour)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 cc140-1
House
House of Lords

My Lords, I am grateful to the noble Baroness, Lady Hamwee, and the noble Lord, Lord Judd. I beg your pardon. The noble Lord, Lord Kennedy, should speak first.

Member
Earl Howe (Conservative)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 c141
House
House of Lords

My Lords, I rise briefly to say that I support the amendments before us. I am pleased that the Government have listened to the proposal put by my noble friend Lord Rosser, who is unable to be with us today. I think that the noble Baroness, Lady Finlay, has raised...

Member
Lord Kennedy of Southwark (Labour)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 c141
House
House of Lords

My Lords, I am doubly grateful to all noble Lords who have spoken. I am sympathetic to the point made by the noble Baroness, Lady Hamwee, but only up to a certain point. Given that this is Third Reading, our starting point has to be that any further amendments to...

Member
Earl Howe (Conservative)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 cc141-2
House
House of Lords

My Lords, to be rather blunt it is always frustrating when procedure gets in the way of substance. I ask the Minister to ensure that Home Office officials appreciate that “in the light of experience” should not just be what may happen when someone comes back and says, “I have...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 c142
House
House of Lords

I entirely agree with the noble Baroness, but I hope too that she will recognise that the wording of the first purpose set out in this amendment,

“providing aid of a humanitarian nature”,

is quite broad. So humanitarian agencies of any kind could feel secure in going out for almost any humanitarian...

Member
Earl Howe (Conservative)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 c142
House
House of Lords

Before my noble friend sits down, I caution that sometimes lists can become exclusive and that some good things are easier to recognise than to define. He ought to stick to the way the Bill is currently drafted and allow himself the freedom to consider rather more carefully, despite the...

Member
Lord Garnier (Conservative)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 c142
House
House of Lords

My Lords, the Minister has been very helpful in the comments he has made and I most genuinely thank him for that. I just wonder whether it is possible for the Government and the Minister, when this legislation is given final consideration, to say some encouraging and positive things about...

Member
Lord Judd (Labour)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 c142
House
House of Lords

I accept the point the noble Lord has made. That is why the whole tone and flavour of this part of the amendment carries the implication he would wish, in particular the provision that talks about,

“carrying out work for the government of a country other than the United Kingdom …...

Member
Earl Howe (Conservative)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 c142
House
House of Lords

Moved by

Earl Howe

2: Clause 4, page 4, leave out lines 15 to 17

3: Clause 4, page 4, line 26, at end insert—

“(c) a person is “terminally ill” at any time if at that time the person suffers from a progressive disease and the person’s death in consequence of that disease...

Member
Earl Howe (Conservative)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 c143
House
House of Lords

Moved by

Baroness Williams of Trafford

Member
Baroness Williams of Trafford (Conservative)
Type
Proceeding contributions
Date
15 January 2019
Reference
795 c143
House
House of Lords