Results 1-20 of 1,984 for speaker:David Howarth

Oral Answers to Questions — Justice: Antisocial Behaviour (Sentencing) (10 Nov 2009)

David Howarth: One problem is that a lot of what the authorities treat as antisocial behaviour is in reality crime—such as assault, criminal damage and public order offences. Should those offences not be treated as crime, rather than dealt with under a civil procedure?

Oral Answers to Questions — Justice: Antisocial Behaviour (Sentencing) (10 Nov 2009)

David Howarth: I thank the Minister for that answer, but is not the real point that the effectiveness of sentencing for those offences should be judged according to the type of offence, and not be treated as a rather less important matter, such as antisocial behaviour? Should not the Government look for sentences such as restorative justice, which work against real crime and do not downplay the seriousness...

Bill Presented: Clause 45 — Meaning of "qualifying trigger" (9 Nov 2009)

David Howarth: That is precisely why it is important that if there is to be a subsection 6(c), it refers to 4(a), as my amendment does, or to 4(b) rather than to the first words in subsection (4) because those words cannot possibly apply in terms to sexual infidelity.

Bill Presented: Clause 45 — Meaning of "qualifying trigger" (9 Nov 2009)

David Howarth: claimed to move the closure ( Standing Order No. 36). Question put forthwith, That the Question be now put. Question agreed to.

Bill Presented: Clause 45 — Meaning of "qualifying trigger" (9 Nov 2009)

David Howarth: First, I agree with what the hon. and learned Member for Beaconsfield (Mr. Grieve) said about this being the first time that the Bill's murder provisions have been considered on the Floor of the House. It is extraordinary that the business was arranged in such a way that we could not discuss these and many other important issues about the law of murder. I also associate myself with the hon....

Bill Presented: Clause 45 — Meaning of "qualifying trigger" (9 Nov 2009)

David Howarth: Precisely, but there is still the judge saying those words to the jury, and it is for the jury to decide what they mean in a particular case. Therefore, even the Government have not succeeded in taking the case entirely away from the jury. What does "disregard" mean? It is for the jury to make that assessment.

Bill Presented: Clause 45 — Meaning of "qualifying trigger" (9 Nov 2009)

David Howarth: One of the most important aspects of the jury system is that the jury gives no reasons, so we never know the answer to such questions. I agree with the Government that there is no reason in principle why the legislature should not set the criminal law. It is for Parliament to say what the law should be, and Parliament is perfectly entitled to say that certain excuses should not count. That in...

Bill Presented: Clause 45 — Meaning of "qualifying trigger" (9 Nov 2009)

David Howarth: Under my amendment, all such issues would be for the jury to decide. I find it difficult to believe that the jury would find in the direction that the Minister suggests.

Bill Presented: Clause 45 — Meaning of "qualifying trigger" (9 Nov 2009)

David Howarth: The Minister cannot have it both ways. First she says that my amendment catches more cases of sexual infidelity, and now she claims that it catches too few. I wish the Government would make up their mind.

Bill Presented: Clause 45 — Meaning of "qualifying trigger" (9 Nov 2009)

David Howarth: But that is the whole point of the words, "where D acted principally out of". The Minister's example does not work.