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Lords committee stage first day. Amendments discussed and withdrawn. Clause 1 agreed. Schedule 1 agreed. Clauses 2 to 5 agreed. Amendment 24 (to amendment 23) agreed. Amendment 23, as amended, withdrawn. Clauses 6 to 9 agreed. Clause 13 agreed.

Lead member
Earl Howe; Baroness Williams of Trafford
Department
Home Office; Ministry of Defence
Type
Debates on bills; Committee proceedings
Date
28 January 2019
Reference
795 cc149-214GC
House
House of Lords

I see the point the Minister is making. She referred to various age-verification systems. I do not know whether we are going to have any guidance from the Government when this Bill becomes law. I want to ensure that these products are not sold to young people, but equally I...

Member
Lord Kennedy of Southwark (Labour)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 c160GC
House
House of Lords

Moved by

Lord Paddick

1: Clause 1, page 1, line 4, at end insert “without, in the case of a person charged in England and Wales or Northern Ireland (subject to section 2), having taken all reasonable precautions and exercised all due diligence to avoid the commission of the offence”

Member’s explanatory statement

This...

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 c149GC
House
House of Lords

My Lords, in moving Amendment 1, I will speak to the other amendments in the group in my name and that of my noble friend Lady Hamwee. These amendments seek to change the offences in the Bill from those where there is a reasonable excuse defence only when charged to...

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 cc149-152GC
House
House of Lords

Not being familiar with police procedures, to me the essence of the argument seems to be about when the defence is deployed. Can the noble Lord explain what that means in practical terms?

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 c151GC
House
House of Lords

My Lords, when the police are told that the offence is not committed if somebody has a reasonable excuse, the clear message sent to them is that they need to investigate the matter there and then to establish whether that reasonable excuse exists. If a Bill, as in this case,...

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 c151GC
House
House of Lords

My Lords, I support the Bill. The issue of the misuse of corrosive substances and all other kinds of offensive weapons is too obviously something that has to be addressed. However, I want to raise an issue which is troublesome in the context of the amendment.

Unless an offence is absolute—and...

Member
Lord Judge (Crossbench)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 cc151-3GC
House
House of Lords

My Lords, listening to the debate and the presentation of the amendment, I wonder how the amendments might protect the important relationships between young people and the police—maybe particularly between young people from ethnic minorities and the police. I can see that if the authorities have to do more work...

Member
Earl of Listowel (Crossbench)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 c153GC
House
House of Lords

My Lords, the Opposition are generally in favour of this Bill, but I find the arguments of the noble Lord, Lord Paddick, somewhat persuasive. I particularly like the way the noble and learned Lord, Lord Judge, put things in the general perspective of law. Even little deviations from sound general...

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 c153GC
House
House of Lords

My Lords, I thank noble Lords for their points and the noble Lord, Lord Paddick, for tabling these amendments. As he explained, they address the construction of the new offences relating to the

sale of corrosive products to under-18s, the prohibition on sending corrosive products to residential premises when bought...

Member
Baroness Williams of Trafford (Conservative)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 cc153-5GC
House
House of Lords

This might have been dealt with before and I apologise if it has, but is a farmhouse a residential address? Farmers would certainly receive all sorts of corrosive products.

Member
Earl of Erroll (Crossbench)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 c156GC
House
House of Lords

It could of course technically be both.

Member
Baroness Williams of Trafford (Conservative)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 c156GC
House
House of Lords

So which is it for the purposes of the Bill?

Member
Earl of Erroll (Crossbench)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 c156GC
House
House of Lords

Could I assist the Committee? We will return to the problems of not allowing corrosive substances to be delivered to any residential address in an upcoming group. It might be more appropriate to discuss that matter then, if that assists the noble Earl.

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 c156GC
House
House of Lords

Thank you. Sorry, I had not noticed that.

Member
Earl of Erroll (Crossbench)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 c156GC
House
House of Lords

Not at all.

I am very grateful to all noble Lords who have contributed to this short debate, particularly the noble and learned Lord, Lord Judge. It is interesting that the Minister seems to have ignored the inconsistency in approach between the Prevention of Crime Act 1953, the Criminal Justice Act...

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 c156GC
House
House of Lords

Moved by

Lord Lucas

3: Clause 1, page 1, line 8, at end insert—

“( ) The defence in subsection (2) is satisfied if a person has complied with a process that has been certified as adequate by the police.”

Member’s explanatory statement

This amendment would mean that complying with police certified processes would be...

Member
Lord Lucas (Conservative)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 cc156-7GC
House
House of Lords

My Lords, I shall also speak to Amendments 13, 14 and 15 in this group. I do not put any particular weight on the drafting of these amendments. What concerns me is that we are putting a lot of weight in this Bill on the shoulders of people whose occupations...

Member
Lord Lucas (Conservative)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 c157GC
House
House of Lords

My Lords, I support the amendments in this group in principle, but I will make one or two comments about them. First, there is an apparent contradiction between the pair of Amendments 3 and 13 on the one hand and the pair of Amendments 14 and 15 on the other....

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 cc157-8GC
House
House of Lords

My Lords, the noble Lord, Lord Lucas, is absolutely on the right lines. One of the troubles is knowing what is permissible and what is not. In speaking to the amendments in his name, I will suggest something which takes it a bit further. I declare an interest as chair...

Member
Earl of Erroll (Crossbench)
Type
Proceeding contributions
Date
28 January 2019
Reference
795 c158GC
House
House of Lords