Results 201–220 of 3194 for speaker:Lord Kingsland

Criminal Justice and Immigration Bill (27 Feb 2008)

Lord Kingsland: I shall also speak to the other amendments in this group. The approach we have taken to Clauses 29 and 31 is to conclude that there is insufficient involvement by the judiciary in the decisions that have to be made. Accordingly, in the case of Clause 29 we have tabled several amendments which contain the expression, "subject to the agreement of a Crown Court judge", and in the case of Clause...

Criminal Justice and Immigration Bill (27 Feb 2008)

Lord Kingsland: I am most grateful to the Minister and to all noble Lords who have spoken in this debate. On Clause 31, I understand the concern of the Minister about the potential lack of flexibility if the agreement of the Lord Chief Justice is required before action can be taken. I would like to reflect on that between now and Report. However, I simply do not understand why any change in the current...

Criminal Justice and Immigration Bill (27 Feb 2008)

Lord Kingsland: The noble Lord, Lord Thomas of Gresford, makes another very good point. I would have thought it was very much in the Government's interest for the status quo to continue. The Secretary of State will be in no way constrained in the future from doing what he has always done in the past. Irrespective of what position the Government take on my suggestion about the Lord Chief Justice, in my...

Criminal Justice and Immigration Bill (27 Feb 2008)

Lord Kingsland: That is a characteristically helpful intervention by the noble Lord, and I am grateful for his having made it. We have two preoccupations on Clause 29. First, the Minister—this is no criticism of him—did not address the inflexibility of the 28 days. That inflexibility is a serious defect. I know that there are provisions in the Bill to extend the period or, indeed, to reduce it. However,...

Criminal Justice and Immigration Bill (27 Feb 2008)

Lord Kingsland: moved Amendment No. 101: Clause 35, page 27, line 27, leave out from "occasion" to end of line 28 and insert "; or (iii) has previously been referred to a youth offender panel under section 16 above and a further referral has been recommended by a member of a youth offending team, an officer of a local probation team, or a social worker of a local authority."

Criminal Justice and Immigration Bill (27 Feb 2008)

Lord Kingsland: We now return to justice issues and referral orders in particular. Our amendment is intended to give the courts the power to make a second order rather than to give a custodial sentence. The circumstance in which we want that to happen is if a young person has previously been referred to a youth offender panel under Clause 16 and a further referral has been recommended either by a member of...

Criminal Justice and Immigration Bill (27 Feb 2008)

Lord Kingsland: This is a good moment for me to respond to the Minister. I share entirely the noble Lord's observations. The more I listen to the Minister, the more I think that perhaps one reason why the Government are unhappy about this proposal is that they feel that it threatens their own flagship provision in the Bill—the youth rehabilitation order. Their view is that rather than have a second...

Criminal Justice and Immigration Bill (27 Feb 2008)

Lord Kingsland: I am one of the signatories to opposing the Question that Clause 44 stand part of the Bill. I respectfully adopt the reasons given by the noble and learned Lord, Lord Lloyd of Berwick, as my reasons, too. I have one additional point to make on the substance of the government provision. That is in relation to Clause 45(2), which says, after the usual introduction: "In determining for the...

Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2008 (27 Feb 2008)

Lord Kingsland: My Lords, we last debated this matter at considerably greater length on 5 March 2007. We acknowledge of course the gravity of the terrorist threat and share the Government's concerns about it. We also take the view that, in circumstances in which it is impossible to prosecute or deport someone, some form of control order system will be necessary. However, control orders are instruments of...

Criminal Justice and Immigration Bill (27 Feb 2008)

Lord Kingsland: I gather that noble Lords received this letter this afternoon but have not had an opportunity to read it until an hour or two ago. I pay tribute to the amount of work that the noble and learned Baroness has put into this matter, with the obvious degree of thought that she has consecrated to it. The position of the Opposition, like that of the noble Lord, Lord Thomas of Gresford, is to welcome...

Criminal Justice and Immigration Bill (27 Feb 2008)

Lord Kingsland: I have a different point to make, which harks back to that made by the noble Lord, Lord Thomas. I am sorry that the noble and learned Baroness thinks that I have been rather churlish about her letter. I thought that I had gone out of my way to say how helpful it has been and how much we welcomed it. I do not wish her to be in any doubt about that.

Criminal Justice and Immigration Bill (3 Mar 2008)

Lord Kingsland: If it comes to it, as I suspect that it will, the Opposition will have a free vote on this matter. Speaking personally, in the interests of free speech I shall support the amendment of my noble friend Lord Waddington.

Criminal Justice and Immigration Bill (3 Mar 2008)

Lord Kingsland: moved Amendment No. 137ZA: After Clause 127, insert the following new Clause— "Self-defence etc. (1) The Criminal Law Act 1967 (c. 58) is amended as follows. (2) In section 3 (use of force in making arrest, etc.), after subsection (1), insert— "(1A) Where a person uses force in the prevention of crime, or in the defence of persons or property, on another who is in any building or part of...

Criminal Justice and Immigration Bill (3 Mar 2008)

Lord Kingsland: Amendment No. 137ZA is concerned with self-defence. In another place, a number of Conservative Members of Parliament, particularly the Members of Parliament for Vale of York, for Newark and for North West Cambridgeshire, have introduced proposals for a change in the law on self-defence. These have been prompted by a number of people who have suffered real distress as a result of lengthy...

Criminal Justice and Immigration Bill (3 Mar 2008)

Lord Kingsland: The noble Lord has made a very good opposition point for me, for which I am very grateful because I have been saved about 15 seconds of my speech which I would otherwise have delivered. We believe, for the reasons that I explained earlier and the distress that this matter has caused so many people, that the objective part of the test should displace the word "reasonable" with the words...

Criminal Justice and Immigration Bill (3 Mar 2008)

Lord Kingsland: The Government seem to have travelled a long way from the heady days of electioneering last October. The Committee will be extremely grateful to the noble Lords, Lord Neill of Bladen and Lord Elystan-Morgan, for their illuminating expositions of the history of the law and their critique of Clause 128. Before I respond to the Minister, I want to make it clear to the noble Lord, Lord Thomas of...

Criminal Justice and Immigration Bill (3 Mar 2008)

Lord Kingsland: It is no comfort to the householder, as he makes his way to prison for life on the basis of the test in Clause 128, that the victim has failed to succeed in an action for compensation against him because he failed to prove that the action of the householder was grossly disproportionate. This is a matter to which we shall return. I was wondering whether the noble Lord, Lord Bach, had something...

Criminal Justice and Immigration Bill (5 Mar 2008)

Lord Kingsland: The Opposition are going to have a free vote on this matter. In a way, that puts me in a more uncomfortable position than I would have been in had we had a whipped vote, because I am personally answerable to my noble friend Lady O'Cathain for the way in which I vote. I cannot simply refer her to an instruction from the Whips' Office. In a case that has been cited by many noble Lords this...

Criminal Justice and Immigration Bill (5 Mar 2008)

Lord Kingsland: My Lords, I and several other noble Lords have notified our intention to oppose the Question that Clause 148 should stand part of the Bill. However, as the noble Lord, Lord Thomas of Gresford, has introduced his amendments with some general reflections on violent offender orders, this seems an appropriate moment for me to make my contribution. That will save the Committee from the awful...

Criminal Justice and Immigration Bill (5 Mar 2008)

Lord Kingsland: I apologise for embarrassing the Minister. I was trying to save the Committee time, because I am essentially covering the same themes as the noble Lord, Lord Thomas. The Minister should proceed in the way that is most comfortable for him. He can move from the particular to the general or vice versa; we will be equally delighted.


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