Clause 17 — Closure of certain licensed premises due to disorder or disturbance

Part of Criminal Justice and Police Bill – in the House of Commons at 2:00 pm on 10 May 2001.

Alert me about debates like this

Photo of Simon Hughes Simon Hughes Shadow Spokesperson (Home Affairs) 2:00, 10 May 2001

We welcome the amendments. The battle throughout our proceedings has been to restrict the powers that the Bill grants the authorities against the liberties of individuals and businesses. It was a perpetual theme of the Committee stage. A Labour Government, trying to be excessively authoritarian, had to justify themselves against all sorts of arguments. Some were made by Conservative Members, others by us and many by people outside the House. We tried to point out that the powers were simply unnecessary.

I put my neck on the block on Third Reading, and made it clear that, if a General Election had taken place on 3 May, various clauses would not have been passed. I can say with authority, after conferring with colleagues in Another place, that although we would have tabled amendments such as those that we are discussing, other amendments, such as Government proposals to extend curfews and to hold samples of DNA from people who were shown to be innocent would not have been accepted. The House of Lords would not have allowed the Bill to proceed. The month's delay has meant more time for debate in another place, where the Government argued that their proposals had been tested and were able to win votes. Consequently, the Bill has been allowed to proceed in its current form.

We were unable to win some of the big battles against a Government who have a Majority in the House. They have a majority under our electoral system, but not in the country. We are therefore grateful for small victories. There was a danger of imposing closure orders on pubs for unrelated activities outside them. That is unacceptable. In a busy, built-up area such as the Old Kent road in my Constituency, the police might take the view that some activities were causing disorder and intervene. If the amendments are accepted, closure orders can be imposed only if the prospective or actual disorder is "related to" the relevant pub. Pubs that keep good order will not be in trouble. That is progress. We wish that the Government had been more enlightened on other matters for which we would support a more liberal and less authoritarian regime.

Lords Amendment agreed to

Lords amendments Nos. 4 to 7 agreed to

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

House of Lords

The house of Lords is the upper chamber of the Houses of Parliament. It is filled with Lords (I.E. Lords, Dukes, Baron/esses, Earls, Marquis/esses, Viscounts, Count/esses, etc.) The Lords consider proposals from the EU or from the commons. They can then reject a bill, accept it, or make amendments. If a bill is rejected, the commons can send it back to the lords for re-discussion. The Lords cannot stop a bill for longer than one parliamentary session. If a bill is accepted, it is forwarded to the Queen, who will then sign it and make it law. If a bill is amended, the amended bill is sent back to the House of Commons for discussion.

The Lords are not elected; they are appointed. Lords can take a "whip", that is to say, they can choose a party to represent. Currently, most Peers are Conservative.

another place

During a debate members of the House of Commons traditionally refer to the House of Lords as 'another place' or 'the other place'.

Peers return the gesture when they speak of the Commons in the same way.

This arcane form of address is something the Labour Government has been reviewing as part of its programme to modernise the Houses of Parliament.

general election

In a general election, each constituency chooses an MP to represent it by process of election. The party who wins the most seats in parliament is in power, with its leader becoming Prime Minister and its Ministers/Shadow Ministers making up the new Cabinet. If no party has a majority, this is known as a hung Parliament. The next general election will take place on or before 3rd June 2010.

amendment

As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.

Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.

In the end only a handful of amendments will be incorporated into any bill.

The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.

majority

The term "majority" is used in two ways in Parliament. Firstly a Government cannot operate effectively unless it can command a majority in the House of Commons - a majority means winning more than 50% of the votes in a division. Should a Government fail to hold the confidence of the House, it has to hold a General Election. Secondly the term can also be used in an election, where it refers to the margin which the candidate with the most votes has over the candidate coming second. To win a seat a candidate need only have a majority of 1.

constituency

In a general election, each Constituency chooses an MP to represent them. MPs have a responsibility to represnt the views of the Constituency in the House of Commons. There are 650 Constituencies, and thus 650 MPs. A citizen of a Constituency is known as a Constituent