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Amendment 135 135: Clause 33, page 27, line 34, leave out subsection (5) and insert— "( ) In this section "gang" means a group of people who perceive themselves, or are perceived by others, to be a discernable group if— (a) the group is formed for the purpose of carrying...

Member
Baroness Miller of Chilthorne Domer (Liberal Democrat)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c182
House
House of Lords

Amendment 123B 123B: Schedule 4, page 155, line 37, at end insert— "(2A) Conditions treated as mentioned in subsection (2)(a) and (b) do not cease to be so treated except in accordance with subsection (2B) (and, in particular and subject to that subsection, do not cease to be so treated...

Member
Lord West of Spithead (Labour)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c162
House
House of Lords

My Lords, I do not work on my own, rather like the Minister. Amendments 113A and 125L were suggested by the Local Government Association and relate to its concerns about the limitations on the role of a licensing authority member in objecting to various licences, including temporary activities. Under current...

Member
Lord Skelmersdale (Conservative)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c141
House
House of Lords

My Lords, the right reverend Prelate raises a question that makes me have to think, but I am sure that we are talking about physical violence. I would have to go away to make it absolutely certain, but I am sure that is what we are concerned with in this...

Member
Lord West of Spithead (Labour)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c185
House
House of Lords

My Lords, I hesitate to intervene, but a threat of violence may be a manifestation of intention. It is more than just an intention, while of course the actual violence is certainly more than intention. I would respectfully suggest that a threat of violence is something more than mere intention...

Member
Lord Mackay of Clashfern (Conservative)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c185
House
House of Lords

I should like first to share in the welcome given by the noble Baroness to the noble Lord, Lord Skelmersdale, and to thank the noble Baroness, Lady Hanham, who sat opposite me for two years or so. We enjoyed skirmishing across the Dispatch Box and I wish her well in...

Member
Lord West of Spithead (Labour)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c128-9
House
House of Lords

This amendment relates to what the noble and learned Lord, Lord Lyell of Markyate, was talking about a moment ago—the standard of proof. We are saying that we should not have in the Bill, ""on the balance of probabilities"," and that we should insert "beyond reasonable doubt". The amendment has...

Member
Baroness Miller of Chilthorne Domer (Liberal Democrat)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c169
House
House of Lords

My Lords, I rise to speak in the absence of my noble friend Lord Redesdale. However, I do not have a note about Amendment 113, so unfortunately I am not in a position to move the amendment on his behalf. I apologise to the Committee. Amendment 113 not moved. Clause...

Member
Baroness Walmsley (Liberal Democrat)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c140
House
House of Lords

Noble Lords will be aware that Clause 33(4) sets out that a court may prohibit a respondent from doing anything, or require the respondent to do anything. I am aware that noble Lords have concerns about those provisions. However, I should make clear that in placing any prohibitions or requirements...

Member
Lord West of Spithead (Labour)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c177
House
House of Lords

Amendments 124A and 124B 124A: Schedule 4, page 155, line 44, at end insert— "(ba) a hearing before making such a resolution (including provision of a kind which may be made under section 183)," 124B: Schedule 4, page 155, line 46, at end insert— "(ca) any other procedure to be...

Member
Lord West of Spithead (Labour)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c162-3
House
House of Lords

My Lords, I shall speak also to Amendments 141 and 141A on timing. The effect of these amendments is to require the courts to impose a specific duration on the injunctions and to prevent the renewal of such injunctions. Amendment 141 suggests a maximum of two years and Amendment 141A...

Member
Baroness Walmsley (Liberal Democrat)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c204-6
House
House of Lords

My Lords, the Minister and, indeed, the noble Baronesses must be surprised to see this amendment because—in theory, anyway—it should not be necessary. However, it is intended to probe the various penalties and procedures that will be applicable for a breach of an injunction and to protect against any possibility...

Member
Lord Skelmersdale (Conservative)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c209
House
House of Lords

Amendment 147B 147B: After Clause 43, insert the following new Clause— "Breach of injunction A person guilty of breaching an injunction under this Part may not be liable for imprisonment without representation."

Member
Lord Skelmersdale (Conservative)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c209
House
House of Lords

I support the amendment, at least for very careful consideration. The noble Baroness reminded me of the McCann judgment. It is really a distinction without a difference here, because the criminal standard of proof and the enhanced civil standard must be so close. We want to make this measure effective,...

Member
Lord Lyell of Markyate (Conservative)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c170
House
House of Lords

Clause 30: Offence of persistently possessing alcohol in a public place Amendment 107 107: Clause 30, page 26, line 18, leave out subsection (1)

Member
Lord Skelmersdale (Conservative)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c118
House
House of Lords

My Lords, I do not believe that the person becomes a criminal. As I say, I am very conscious of not wanting to do that. It is not a criminal offence but a civil offence if he breaks that ABC. This is appropriate sequencing to capture the very small minority...

Member
Lord West of Spithead (Labour)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c124-7
House
House of Lords

As I understand it, the first time that any action is taken against the young person is on the third occasion when he is caught drinking in public, and then he becomes a criminal. I am saying: why not provide for the use of acceptable behaviour contracts as a precondition...

Member
Lord Avebury (Liberal Democrat)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c124
House
House of Lords

My Lords, I am content that what we have here covers that, but rather than answering straight away while on my feet I should like to look at what the noble Lord has said. If that has a feasible and sensible way forward, I might come back with it, but...

Member
Lord West of Spithead (Labour)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c127
House
House of Lords

Perhaps I may ask the noble Lord about one matter. He said on a number of occasions that the object of this clause is to deal with unsupervised drinking. Would it not be better to state in Clause 30, if we need an offence at all, that no offence is...

Member
Lord Pannick (Crossbench)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c127
House
House of Lords

My Lords, if I can make myself heard, I will introduce myself by saying that although there is a new face at the Dispatch Box on this subject, it does not signify a different approach to the Bill. However, there will inevitably be a change of style. Our amendments in...

Member
Lord Skelmersdale (Conservative)
Type
Proceeding contributions
Date
13 October 2009
Reference
713 c118-20
House
House of Lords