Results 261–280 of 3194 for speaker:Lord Kingsland

Criminal Justice and Immigration Bill (23 Apr 2008)

Lord Kingsland: My Lords, although I am always eager to support my noble friend Lord Onslow in the Lobby, on this occasion—I hope he will forgive me for saying so—it would be more prudent for your Lordships' House to adopt the proposal made by the noble Lord, Lord Neill of Bladen. Indeed, I think I heard my noble friend veering towards that position as the noble Lord was speaking.

Criminal Justice and Immigration Bill (23 Apr 2008)

Lord Kingsland: moved Amendment No. 91A: Clause 75, leave out Clause 75 and 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...

Criminal Justice and Immigration Bill (23 Apr 2008)

Lord Kingsland: My Lords, I am not sure to whom my noble friend was referring when he said that there were certain Members of the opposition Front Bench who do not always listen to his wisdom.

Criminal Justice and Immigration Bill (23 Apr 2008)

Lord Kingsland: My Lords, I have provoked exactly the response I had hoped for from the noble Earl. I am aware that time is short today. This is the fourth and last day of Report. Although the reason for those circumstances can be laid largely at the Government's door, I do not want the Government to think that we will be in any way obstructive, and we shall certainly try to progress matters as rapidly as we...

Criminal Justice and Immigration Bill (23 Apr 2008)

Lord Kingsland: My Lords, I am grateful to the Minister for his response and to all those who have contributed to the debate. I take up one point that the Minister made about the relationship between disproportionality and the Human Rights Act. The Minister suggests that my amendment would not conform with the Act because of the way in which the European Court of Human Rights has interpreted the concept of...

Criminal Justice and Immigration Bill (23 Apr 2008)

Lord Kingsland: moved Amendment No. 95B: Clause 96, page 72, line 12, after "conditions" insert "as specified in section (Provisions that orders may contain)"

Criminal Justice and Immigration Bill (23 Apr 2008)

Lord Kingsland: My Lords, we now come to a new topic in the Bill. Much has been said both on Second Reading and in Committee about the unsatisfactory legal status of VOOs and, in particular, about the confusion between the civil and criminal principles that they engender. I do not propose to reignite that debate at this late stage in the proceedings, so I shall address the reasons for our amendments as...

Criminal Justice and Immigration Bill (23 Apr 2008)

Lord Kingsland: My Lords, the Minister has replied in his characteristically open-handed and conciliatory manner, and of course I am very grateful to him for that. However, he has not gone as far as I would have wished him to go in relation to this amendment. People who receive a violent offender order have not committed a crime. They are entitled to know exactly what they face if their freedom is to be...

Criminal Justice and Immigration Bill (23 Apr 2008)

Lord Kingsland: My Lords, we are sympathetic with the desire to identify precisely what risk an individual poses; but we do not consider that a true risk must always have an identifiable potential victim. For example, a person could have a history of starting fights with strangers in parks when drunk or of attacking a certain ethnic group. It would be impossible to specify exactly who that person might...

Criminal Justice and Immigration Bill (23 Apr 2008)

Lord Kingsland: My Lords, we support the amendment tabled by the noble Lord, Lord Wallace, for one simple reason. There must be some limit to the time following the serving of a sentence when a VOO can be imposed. If there is no limit, for the rest of someone's life—it could be 20 or 30 years—there is always the possibility that a penalty might be imposed; not for committing another offence but simply...

Criminal Justice and Immigration Bill (23 Apr 2008)

Lord Kingsland: My Lords, I note that the noble Lord, Lord Judd, has signed Amendment No. 101; so to some degree he is profoundly implicated in what my noble friend Lord Onslow has said to your Lordships' House. I know that my noble friend will be deeply grateful for what the noble Lord has said. There is an important debate about Article 6 in relation to VOOs, and it is a live and crucial issue, but it is...

Criminal Justice and Immigration Bill (23 Apr 2008)

Lord Kingsland: My Lords, it is a technical point; it is not one of substance.

Criminal Justice and Immigration Bill (23 Apr 2008)

Lord Kingsland: No, my Lords, it has gone.

Criminal Justice and Immigration Bill (23 Apr 2008)

Lord Kingsland: moved Amendment No. 101AA: After Clause 99, insert the following new Clause— "Provisions that orders may contain (1) The order may contain prohibitions, restrictions or conditions preventing the offender— (a) from going to any specified premises or any other specified place (whether at all, or at or between any specified time or times);(b) from attending any specified event;(c) from...

Criminal Justice and Immigration Bill (23 Apr 2008)

Lord Kingsland: My Lords, I want to be sure that I understand what lies behind the Government's proposal here. As I understand it, the Government's amendment changes interim VOOs from being limited to four weeks but renewable to being unrenewable, but without a specified time limit. The time limit will be set at the time of the making of the order and is intended to be tied to the date the court expects to...

Criminal Justice and Immigration Bill (23 Apr 2008)

Lord Kingsland: My Lords, the Courts Service is one problem, but the Government also have a potential evidential problem here. I hesitate to call those involved the government prosecutors—although many of your Lordships here this evening may—so let us refer to them as authorities. It is the authorities' responsibility to put together the case. Making an assessment of putting together a compelling case on...

Criminal Justice and Immigration Bill (23 Apr 2008)

Lord Kingsland: My Lords, I am most grateful to the noble Lord. We—that is to say, the Opposition Front Bench—have not tabled an amendment on the specific point. Our preference would be for a much shorter period but renewable. That would give the court flexibility to deal with both the procedural and the evidential problems. I do not know whether the Minister would be prepared to respond to this, but I...

European Union (Amendment) Bill (29 Apr 2008)

Lord Kingsland: moved Amendment No. 7: Clause 2, page 1, line 12, after "excluding" insert— "(i) Article 1, paragraph 8, replacement Article 6 TEU, paragraph 1, concerning the Charter of Fundamental Rights; and(ii) "

European Union (Amendment) Bill (29 Apr 2008)

Lord Kingsland: I shall speak also to the other amendments in this group. Your Lordships are already familiar with the way in which Amendment No. 7 works. In addition to excluding the provision in the Bill relating to the common foreign and security policy, it would also exclude important aspects relating to the charter. On the other amendments in this group, I refer in particular to Amendment No. 117, which...

European Union (Amendment) Bill (29 Apr 2008)

Lord Kingsland: I am most grateful to the noble Lord for giving way with his customary generosity. I can answer his question very simply. It is in those documents that the Government most clearly set out their view of the charter. That is precisely why I used them because Mr Miliband and Mr Murphy both express in no uncertain terms their view about what the charter does. It was for that reason that I relied...


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