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Sentencing Act 2020
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Baroness Hamwee

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Sentencing Act 2020 (24)

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My Lords, I hope that noble Lords will forgive me if, in the interests of time, I do not comment on every contribution. I must say, I have edited my notes as we have gone along, and it is more or less the same cast of characters throughout the clauses...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 c281
House
House of Lords

My Lords, Clause 40 stand part is grouped with Amendment 31 in the names of the noble Lords, Lord Hunt and Lord Bach, which is very different. I shall confine my remarks to the clause. A curfew can be more than overnight. All the points about amendments we have debated...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 c286
House
House of Lords

Moved by

Baroness Hamwee

30A: Clause 39, page 35, leave out lines 39 to 41

Member’s explanatory statement

This amendment would prevent relocation for resource reasons.

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 c281
House
House of Lords

I am in much the same position as I was with an earlier amendment: I do not see what is not already provided for in current legislation. I would be interested to know whether the examples used by the noble Lord, Lord Parkinson—the radicalising threats to children and the case...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 c292
House
House of Lords

My Lords, we have Amendments 30C and 30D in this group, as well as the clause stand part debate. These take us to polygraph measures, where we were not so many hours ago in connection with terrorist offenders—those were, of course, “offenders”, while the individuals subject to TPIMs are not.

If...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 c294
House
House of Lords

My Lords, I may have missed it, but I am not sure that the noble Lord answered the point about the right to silence. It is difficult to read body language from eight miles away.

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 c297
House
House of Lords

Equally, of course, we will go through the Official Report to see whether all our concerns have been addressed. For now, I beg leave to withdraw the amendment.

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 c297
House
House of Lords

I am grateful for that. We are in Committee, so it is appropriate that I beg leave to withdraw the amendment.

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 c281
House
House of Lords

My Lords, this takes us to the issue of location and relocation. It was probably very naive of me to be taken aback at seeing the provision

for variation expressed in resource terms, though perhaps I should acknowledge the Government’s transparency in doing so in the Bill. The Secretary of...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 cc281-2
House
House of Lords

My Lords, I shall of course withdraw Amendment 30A and I shall not move Amendment 30B. The questions asked about proportionality and national security should be at the heart of this. The flexibility to which the Minister referred seems to suggest that subjects might be moved closer together for ease...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 c285
House
House of Lords

My Lords, I think that, on the last grouping, the question which lay behind this amendment was answered—but let me just check. Clause 42 covers the drug testing measure. My first thought was whether a subject could be caught up in being tested and fail the test because someone else...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 c298
House
House of Lords

My Lords, one might expect the Home Secretary asked to approve the measure to respond by asking those requesting it what the hell—sorry—the police were doing if they had not spotted that the subject was getting hold of drugs. As I anticipated, my question had already been answered. I hope...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 c299
House
House of Lords

My Lords, Clause 43 is about the provision of information, including information about electronic communication devices—not just devices used by the individual, but those used by any other person in the individual’s residence. I have already referred to the impact of a TPIM on other members of the family. My...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 cc299-300
House
House of Lords

My Lords, yes, I will seek to leave to withdraw my amendment.

I find it a bit difficult to understand in this connection how one applies proportionality. The question I asked of the Minister was whether this condition would be imposed in the case of every measure. Obviously, if there is...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 cc301-2
House
House of Lords

Moved by

Baroness Hamwee

30C: Clause 41, page 37, line 10, after “necessary” insert “subject to the requirements of section 12 of this Act”

Member’s explanatory statement

This amendment would ensure section 12 of the Terrorism Prevention and Investigation Measures Act 2011 is not overridden.

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 c294
House
House of Lords

Moved by

Baroness Hamwee

30E: Clause 42, page 38, line 22, at beginning insert “If the Secretary of State reasonably suspects that a requirement is necessary,”

Member’s explanatory statement

This amendment would require reasonable suspicion before a requirement may be imposed under this section.

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 c297
House
House of Lords

Moved by

Baroness Hamwee

30F: Clause 43, page 39, line 28, leave out from “individual” to end of line 29

Member’s explanatory statement

This purpose of this amendment is to question the disclosure of information about an electronic device used by any other person.

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 c299
House
House of Lords

My Lords, given the experience of those who have put their names to the amendments in this group, I wonder whether I should say nothing so as not to damage the arguments—but I will join in.

It will be clear enough to the Committee that we on these Benches have considerable...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 cc254-5
House
House of Lords

My Lords, we have Amendment 29 in this group, and we oppose Clause 38 standing part of the Bill. The noble Lord, Lord Anderson, has Amendment 30. The clause allows for repeated renewals a year at a time, instead of the two-year time limit. I should perhaps acknowledge that the...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 cc270-1
House
House of Lords

Moved by

Baroness Hamwee

29: Clause 38, page 35, line 2, at end insert—

“(za) in subsection (3)(a), after “met” insert “and the court gives the Secretary of State permission”;

(zb) after subsection (3), insert—

“(3A) In determining the extension, the court must apply the principles applicable on an application for judicial review.”

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2021
Reference
810 c270
House
House of Lords