To ask the Secretary of State for Transport, what the policy rationale is for clause 31(7) of the Railways Bill, which provides that the obligation to provide or secure the provision of designated railway passenger services does not give rise to civil liability; and whether she has assessed how this...

To ask the Secretary of State for Transport, what the policy rationale is for clause 31(7) of the Railways Bill, which provides that the obligation to provide or secure the provision of designated railway passenger services does not give rise to civil liability; and whether she has assessed how this...

Amendment 480 to clause 23, discussed with new clause 22 (No obligation for occupiers and operators of premises) and new clause 23 (No detriment for care home or hospice not providing assistance), negatived on division (4 to 17). Amendment 484 to clause 23 negatived on division (4 to 17). Amendment 441 to clause 23 negatived on division (4 to 17). Amendment 481 to clause 23 negatived on division (4 to 17). Clause 23 agreed to. Clause 24, as amended, agreed to. Clause 25, as amended, agreed to on division (17 to 5). Amendment 509 to clause 26 agreed to on division (19 to 1). Clause 26, as amended, agreed to. Clause 27, discussed with new clause 24 (Falsification of documentation etc with intention that another will obtain assistance to end own life), agreed to. Amendment 443 to clause 28 negatived on division (6 to 15). Amendment 521 to clause 28 negatived on division (3 to 19). Clause 28, as amended, agreed to. Clause 29, discussed with new clause 10 (Collection of information on assistance), as amended, agreed to. Amendment 524 to clause 30 negatived on division (7 to 13). Clause 30, discussed with new clause 25 (Independent advocate), as amended, agreed to. Clause 31, as amended, agreed to. Written evidence reported to the House.

Amendment 480 to clause 23, discussed with new clause 22 (No obligation for occupiers and operators of premises) and new clause 23 (No detriment for care home or hospice not providing assistance), negatived on division (4 to 17). Amendment 484 to clause 23 negatived on division (4 to 17). Amendment...

My Lords, I wholeheartedly support Amendment 46 in the names of the noble Lords, Lord Davies of Gower and Lord Sandhurst, and I look forward to hearing the noble Lord, Lord Sandhurst. I wanted to put my name on this group, but I missed the deadline. I think it is...

My Lords, I wholeheartedly support Amendment 46 in the names of the noble Lords, Lord Davies of Gower and Lord Sandhurst, and I look forward to hearing the noble Lord, Lord Sandhurst. I wanted to put my name on this group, but I missed the deadline. I think it is...

Lords committee stage fourth day. Clauses 31 to 34 agreed to. Schedule 4 agreed to. Clauses 35 to 38 agreed to. Bill reported without amendment.

Lords committee stage fourth day. Clauses 31 to 34 agreed to. Schedule 4 agreed to. Clauses 35 to 38 agreed to. Bill reported without amendment.

Moved by

Baroness Hamwee

37A: Leave out Clause 31 and insert the following new Clause—

“Civil liability

Nothing in this Act or regulations made under it affects any right of action in civil proceedings.”

Member's explanatory statement

This amendment is to clarify the right to civil proceedings under the Bill.

Moved by

Baroness Hamwee

37A: Leave out Clause 31 and insert the following new Clause—

“Civil liability

Nothing in this Act or regulations made under it affects any right of action in civil proceedings.”

Member's explanatory statement

This amendment is to clarify the right to civil proceedings under the Bill.

My Lords, Amendment 37A is in my name and that of the noble Lord, Lord Carlile of Berriew. Clause 31 of the Bill provides that,

“Except so far as this Part or regulations under this Part provide, nothing … confers a right of action in any civil proceedings in respect of...

My Lords, Amendment 37A is in my name and that of the noble Lord, Lord Carlile of Berriew. Clause 31 of the Bill provides that,

“Except so far as this Part or regulations under this Part provide, nothing … confers a right of action in any civil proceedings in respect of...

My Lords, it is a pleasure to act as junior counsel to the noble Baroness, Lady Hamwee. I listened carefully to some comments that the Minister made on Monday, which alluded to this clause, and I thought about them carefully, but they were brief and I, too, wish to test...

My Lords, it is a pleasure to act as junior counsel to the noble Baroness, Lady Hamwee. I listened carefully to some comments that the Minister made on Monday, which alluded to this clause, and I thought about them carefully, but they were brief and I, too, wish to test...

My Lords, I beg to differ with the noble Lord, but not because I do not want deserving people to recover compensation. My reading of the Bill as it stands is to the effect that, as drafted, Clause 31 achieves two things. First, it puts beyond doubt any question whether...

My Lords, I beg to differ with the noble Lord, but not because I do not want deserving people to recover compensation. My reading of the Bill as it stands is to the effect that, as drafted, Clause 31 achieves two things. First, it puts beyond doubt any question whether...

I am very grateful to the noble Lord, who I respect very much as a lawyer. To say that this applies strict liability is, with respect, completely wrong, is it not? All strict liability requires is proof that damage has taken place. Breach of statutory duty involves at least a...

I am very grateful to the noble Lord, who I respect very much as a lawyer. To say that this applies strict liability is, with respect, completely wrong, is it not? All strict liability requires is proof that damage has taken place. Breach of statutory duty involves at least a...

There have always been instances in which some Acts have given rise to immediate civil liability. In others, you had to plead that the breaches of regulations and so on were evidence of negligence. That was so under the old Factories Act and, I think, under the health and safety...

There have always been instances in which some Acts have given rise to immediate civil liability. In others, you had to plead that the breaches of regulations and so on were evidence of negligence. That was so under the old Factories Act and, I think, under the health and safety...

I will speak to Amendment 37A to Clause 31, tabled by the noble Baroness, Lady Hamwee, and the noble Lord, Lord Carlile of Berriew. This amendment proposes to remove Clause 31 and replace it with a new provision, stating that:

“Nothing in this Act or regulations made under it affects any...

I will speak to Amendment 37A to Clause 31, tabled by the noble Baroness, Lady Hamwee, and the noble Lord, Lord Carlile of Berriew. This amendment proposes to remove Clause 31 and replace it with a new provision, stating that:

“Nothing in this Act or regulations made under it affects any...

My Lords, I am grateful to the noble Baroness, Lady Hamwee, for tabling this amendment, with the support of the noble Lord, Lord Carlile of Berriew. We have had discussions outside this Committee to examine these issues. I am genuinely sorry that I was not able to allay the concerns...

My Lords, I am grateful to the noble Baroness, Lady Hamwee, for tabling this amendment, with the support of the noble Lord, Lord Carlile of Berriew. We have had discussions outside this Committee to examine these issues. I am genuinely sorry that I was not able to allay the concerns...

My Lords, I am grateful to those who have taken part in this debate. I do not know whether noble Lords listening are any clearer as to where we are going on this. I make it clear to the Committee that my first objective is to achieve something that is...

My Lords, I am grateful to those who have taken part in this debate. I do not know whether noble Lords listening are any clearer as to where we are going on this. I make it clear to the Committee that my first objective is to achieve something that is...

Perhaps I might again reassure the noble Baroness. What I have said, from this Dispatch Box, is that guidance from both the Home Office and downstream will be put out once the Security Industry Authority is established, and that it will be subject to discussion in this House. I hope...

Perhaps I might again reassure the noble Baroness. What I have said, from this Dispatch Box, is that guidance from both the Home Office and downstream will be put out once the Security Industry Authority is established, and that it will be subject to discussion in this House. I hope...

I hope that anything that is put out does not need that much discussion in terms of clarity and whether the plain English campaign is satisfied and so on. I am not going to seek to take this further today, but I come back to it as one of the...

I hope that anything that is put out does not need that much discussion in terms of clarity and whether the plain English campaign is satisfied and so on. I am not going to seek to take this further today, but I come back to it as one of the...

Moved by

Lord Murray of Blidworth

37B: After Clause 31, insert the following new Clause—

“Right to protest

(1) Nothing in this Act is to be construed as infringing upon the right to protest, as protected under Schedule 1 of the Human Rights Act 1998.

(2) The provisions of this Act shall not apply to...

Moved by

Lord Murray of Blidworth

37B: After Clause 31, insert the following new Clause—

“Right to protest

(1) Nothing in this Act is to be construed as infringing upon the right to protest, as protected under Schedule 1 of the Human Rights Act 1998.

(2) The provisions of this Act shall not apply to...

My Lords, in an earlier day of Committee, the Committee heard an exchange between my noble friend Lord Davies of Gower and the Minister. It was pointed out that political gatherings of more than 200 people quite frequently happen in Members of Parliament’s constituencies. Quite often there is a local...

My Lords, in an earlier day of Committee, the Committee heard an exchange between my noble friend Lord Davies of Gower and the Minister. It was pointed out that political gatherings of more than 200 people quite frequently happen in Members of Parliament’s constituencies. Quite often there is a local...

My Lords, I rise to speak in support of Amendment 37B, tabled by my noble friend Lord Murray of Blidworth. The amendment seeks to insert a new clause after Clause 31 to safeguard the right to protest, as protected under Schedule 1 to the Human Rights Act 1998. The amendment...

My Lords, I rise to speak in support of Amendment 37B, tabled by my noble friend Lord Murray of Blidworth. The amendment seeks to insert a new clause after Clause 31 to safeguard the right to protest, as protected under Schedule 1 to the Human Rights Act 1998. The amendment...

My Lords, sometimes the world goes a bit topsy-turvy and mad. The noble Lord, Lord Davies of Gower, has given an inspiring rendition of the importance of the right to protest. I kept thinking that I was sure that I made many a speech like that—not as well or with...

My Lords, sometimes the world goes a bit topsy-turvy and mad. The noble Lord, Lord Davies of Gower, has given an inspiring rendition of the importance of the right to protest. I kept thinking that I was sure that I made many a speech like that—not as well or with...