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Counter-terrorism Bill 2007-08

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Counter-terrorism Bill 2007-08 (219)

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The hon. Gentleman will be aware that the Government are planning to get rid of some of those forms, or at least to reduce the burden, by implementing the Flanagan report. Will his party support the implementation of that report?

Member
Nigel Evans (Conservative)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c192
House
House of Commons

I, too, want to start my comments by thanking the Minister for what he has taken on board from the concerns that were expressed in Committee. I am sure that other Opposition Members have had the experience of serving in Committee when a range of amendments have been tabled, many...

Member
Tom Brake (Liberal Democrat)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c191-2
House
House of Commons

I agree, but unless it is excluded, one cannot say for sure that it will not happen. The PACE code seems to be heading in that direction. Let us suppose that a trial were adjourned for some reason. The trial judge could allow questioning to go ahead because there was...

Member
Andrew Dismore (Labour)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c191
House
House of Commons

I agree entirely with the hon. Gentleman. I find it inconceivable that someone could be interviewed during a trial.

Member
Dominic Grieve (Conservative)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c191
House
House of Commons

Not necessarily: the right hon. and learned Member for Sleaford and North Hykeham said that some new evidence might be thrown up that caused the defendant or the accused to reconsider what he or she had said earlier. That does not preclude the possibility that people could be re-interviewed. In...

Member
Elfyn Llwyd (Plaid Cymru)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c193-4
House
House of Commons

I share the hon. Gentleman's general views, but although new clause 4 raises all the right issues, it is not drafted terribly well. We would like the Minister to agree to the principles of new clause 4 and to come back with an amendment of his own in the other...

Member
David Heath (Liberal Democrat)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c194
House
House of Commons

I will not repeat that verbatim, but the Minister heard what was said, and I am sure that he will make a note of it, mentally or manually. Such an amendment would be fitting, a useful addition to the part of the Bill that we are discussing, and an important...

Member
Elfyn Llwyd (Plaid Cymru)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c194-5
House
House of Commons

Just let me finish this point. I am not being unjustly or over-critical about new clause 4 or the amendments tabled by the hon. and learned Gentleman, but if they were passed in place of what I have offered, they may or may not sit with the changes made to...

Member
Tony McNulty (Labour)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c196-7
House
House of Commons

The Minister may not want to deal with this now, but before he sits down will he deal with the matter of the defendant seeking the questioning? It would be helpful to have assurances on that point.

Member
Viscount Hailsham (Conservative)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c196
House
House of Commons

I have told the hon. and learned Gentleman that I am rather weary as a result of all the movement that I have already made in that regard.

Member
Tony McNulty (Labour)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c197
House
House of Commons

The Minister is very tempting, but I am minded to press new clause 4, partly because I do not wish on amendment No. 16 to find myself having to vote against Government amendment No. 57 and all the other Government amendments that will be taken at half-past 6, because that...

Member
Dominic Grieve (Conservative)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c197
House
House of Commons

Reading the text of the new clauses and the proposed amendments, it is difficult to see why they should be confined to terrorist offences. Looking at the generality of the language, surely it would seem that they could be applied to all serious offences, under a fairly wide definition.

Member
Viscount Hailsham (Conservative)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c195
House
House of Commons

None of us would like to be churlish about how far the Minister has moved on the issue. I agree with the previous speaker that the Minister has done particularly well in reacting to many issues that were raised in Committee proceedings, which I have read but did not attend....

Member
Lord Deben (Conservative)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c195
House
House of Commons

The debate has been useful. All three models have virtue. We are talking partly about philosophy and partly about the mechanics of implementation. I agree with the right hon. and learned Member for Sleaford and North Hykeham (Mr. Hogg) and others. I have always tried to approach these matters from...

Member
Tony McNulty (Labour)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c196
House
House of Commons

The more we are able to consider these matters in the generality of the way the criminal justice system works, and the more we are able to see that changes can be made which do not damage the right of the individual in face of the full majesty of the...

Member
Lord Deben (Conservative)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c195-6
House
House of Commons

My right hon. Friend sounds very much like a man who is about to move a bit further. Surely if new clause 4 were to be carried as well as new clauses 18 and 19, they would be contradictory. The substantial point is whether a magistrate or a judge should...

Member
Chris Bryant (Labour)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c197
House
House of Commons

The Minister will know of the particular sensitivity about how this provision will apply to the Scottish legal system. He will be aware that it is a principle of Scottish common law that when someone is arrested and charged, they become the ward of the court and it is crucial...

Member
Pete Wishart (Scottish National Party)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c184
House
House of Commons

If the hon. and learned Gentleman will bear with me, I will come to that shortly. As I was saying, we think that confining post-charge questioning to new evidence could make all post-charge questioning subject to challenge on the basis of whether the evidence was available at charge. We also...

Member
Tony McNulty (Labour)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c183-4
House
House of Commons

On a point of order, Mr. Deputy Speaker. The Minister said that the draft PACE codes were freely available. I have been to check at the Vote Office and found that they are not available.

Member
Peter Bone (Conservative)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c184
House
House of Commons

I do, just as there are in the broader sense of the common law base. That is what we are trying to get around. I genuinely believe that we have reached a place where post-charge questioning could work. It is a shift—a concession, in a sense—on my part from saying...

Member
Tony McNulty (Labour)
Type
Proceeding contributions
Date
10 June 2008
Reference
477 c184
House
House of Commons