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1-20 of 206 results for subject:"Criminal proceedings"

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Coroners and Justice Bill 2008-09

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Coroners and Justice Bill 2008-09 (206)

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While my noble friend is listing those who spoke, would he recognise that there is undoubtedly considerable concern at the latest remarks of my noble friend the Minister, and that there would be considerable support on these Benches, if it ever comes to it, for amending or removing parts of...

Member
Lord Wedderburn of Charlton (Labour)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1558
House
House of Lords

Of course the Government will reflect on this debate. I recognise its quality and depth, but I cannot give an indication that the Government have changed their general view or that we are particularly unsure about how we are applying it. We will work through the debate. There has been...

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1557
House
House of Lords

Amendment 207 207: Clause 159, page 108, line 26, leave out "4," Amendment 207 agreed. Clause 159, as amended, agreed. Clause 160 agreed.

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1576
House
House of Lords

Amendments 206ZA to 206ZD 206ZA: Schedule 18, page 182, line 30, at end insert— "(1A) After sub-paragraph (1) of paragraph 1 insert— "(1A) Sub-paragraph (1B) applies if a circuit judge or a District Judge (Magistrates’ Courts) is satisfied by information on oath supplied by the Commissioner that a data controller...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1575-6
House
House of Lords

I was only going to add one or two points. Several of the interventions made by the noble Lord, Lord Lester of Herne Hill, as distinct from his original speech, were probing, particularly on Clause 145, with the detailed instructions to judges expressed in such a broad way that I...

Member
Lord Borrie (Labour)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1558
House
House of Lords

Coroners and Justice Bill. Lords Committee stage ninth day. Concluded. Clauses 127 to 166 agreed to, with clauses 127, 131, 147, 156, 159 and 164 agreed to as amended. Schedules 15 to 21 agreed to, with schedules 18 to 21 agreed to as amended. New clauses (Amendments 205 and 205A)...

Department
Ministry of Justice
Type
Committee of the Whole House (HL); Debates on bills
Date
21 July 2009
Reference
712 c1526-80
House
House of Lords

At Second Reading, I reserved the position of these Benches in order to see whether the clauses were justified. Since Second Reading, I have done my own research, and we have heard some very powerful speeches today about why the clauses are not justified or necessary and why they will...

Member
Baroness Miller of Chilthorne Domer (Liberal Democrat)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1549
House
House of Lords

I speak in opposition to these clauses. I am very grateful to noble Lords who have spoken and have covered a whole range of issues and problems with the clauses. I fully support their concerns and I do not intend to repeat them. I want to look at this issue...

Member
Baroness Young of Hornsey (Crossbench)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1548
House
House of Lords

I want to work through one or two of the comments made by Members of the Committee and then offer an overview which will allow noble Lords to study the Government’s position carefully over the summer. Essentially, my noble friend Lord Borrie encapsulated what we went on to discuss more...

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1551-2
House
House of Lords

We are all very grateful to the noble Lord, Lord Borrie, for initiating this important debate. First, I declare my interest, as set out in the Register, and in particular as a partner in Beachcroft LLP and a practising solicitor. I completely agree with the response of my noble friend...

Member
Lord Hunt of Wirral (Conservative)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1549-51
House
House of Lords

The Minister has just said "will be prescribed by law in legislation". Clause 145 sets out a number of factors so vague that they completely lack legal certainty, as the noble Lord, Lord Hunt of Wirral, said. It is impossible to imagine the public or a judge being able to...

Member
Lord Lester of Herne Hill (Liberal Democrat)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1553
House
House of Lords

As noble Lords will know, the JCHR produced a recommendation on criminal memoirs. It goes to the issue concerned in paragraph (f), and stated: ""We remain concerned that making an Exploitation Proceeds Order (EPO) in part dependent on the degree to which a victim, their family or the general public...

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1553-4
House
House of Lords

On behalf of the Government, does the Minister accept that imposing financial burdens of any kind on would-be publishers would constitute interference with free speech? That is elementarily the case and has been decided by several supreme courts and by the European Court of Human Rights. Is that accepted? I...

Member
Lord Lester of Herne Hill (Liberal Democrat)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1552
House
House of Lords

What I shall say in a moment will express the Government’s position on that point. I had allowed for the fact that if there is a tax on speech, that may indicate, in part, some limitation on freedom. The noble Lord, Lord Lester, went on to cover the issue about...

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1552-3
House
House of Lords

Before the Minister leaves the subject of the consultation, does he agree that the Publishers Association stated in its response that the plans were, ""disproportionate, impractical, unnecessary and would set a highly dangerous precedent for state control of publishing, putting at risk the UK’s enviable and hard-won freedom of speech"?"...

Member
Baroness Miller of Chilthorne Domer (Liberal Democrat)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1553
House
House of Lords

Of course I accept that the Publishers Association made strong representation, and I in no way suggested that consultation uniformly agreed with the Government—it did not. From a quick review of the consultation, I think that it was roughly down the middle. Not unsurprisingly, publishing organisations broadly said that they...

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1553
House
House of Lords

I am grateful. I therefore turn to the two other amendments in this group. Amendments 191DB and 191DC would amend paragraphs 4 and 5 of Schedule 16 to ensure that enforcement must provide that, before a court makes a clamping order for a person’s motor vehicle, it must be satisfied...

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1538-9
House
House of Lords

To assist the noble Lord, without making any promise to agree with him at a later stage, I am prepared to look at paragraph (b) of new subsection (2A) of Section 17A of the Access to Justice Act again. He has made the case, and it is worth looking at...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1538
House
House of Lords

Again, the amendment has been put forward by Liberty, to which I am grateful for assistance. It would remove paragraphs (a) and (b) from new subsection (2A) of Section 17A of the Access to Justice Act 1999, which would allow regulations to be made to allow costs incurred in enforcing...

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1537-8
House
House of Lords

I am very glad to follow the noble Lord, Lord Rees-Mogg, for what he said must have done much to allay the sorts of concerns that lay behind the drafting of these provisions when they were first incorporated in the Bill. I apologise for missing the opening remarks of the...

Member
Lord Lloyd of Berwick (Crossbench)
Type
Proceeding contributions
Date
21 July 2009
Reference
712 c1547-8
House
House of Lords