Baroness Cumberlege: ...and others, for addressing those concerns, which are well argued and strongly felt. Our amendment is equally strongly felt, but it is much narrower in its remit. It is more specific and relates to Section 403 of the Education Act 1996. We hope that, because of the narrowness of its focus, it will be acceptable to the Government. I can assure them that they have nothing to lose by accepting...
Mr Robin Turton: I beg to move, in page 4, line 43, leave out Sub-section (5). This innocuous looking Sub-section is really dynamite. I will repeat it, in case any Member here has not got a copy of the Bill. It says: For the purpose of the requisitioned of Land and War Works Act, 1945, the expression" war period" shall include any period after the expiry of the Emergency Powers (Defence) Act, 1939, during...
James Kelly: ...there are issues about legislative competence, and serious challenges for scrutiny and transparency. Mike Rumbles has raised concerns about the regulations that are to be passed to ministers under section 13, and there are concerns that too much power would be put in the hands of ministers. Patrick Harvie spoke about section 17 and consent with regard to subordinate legislation. Graham...
Lord McNally: ...of the magistracy, that emphasis has been made. The Government share the frustration of the magistracy. They seem to be almost forced into successive custodial terms because of the cycle of repeat offending. That is exactly why we have brought forward the Bill. It is why Clause 1 extends release on licence and why Clause 2 tops up that licence with additional supervision. The Government...
Harriet Harman: ...amounts to harassment in such manner or in such circumstances as to be likely to cause annoyance, alarm, distress, or nuisance to any other person. (2) A person guilty of an offence under this section is liable on summary conviction to revocation of their driving licence, or a fine not exceeding level 3 on the standard scale, or both. (3) In this section “motor vehicle ” has the same...
Rt Hon David Trimble: ...to realise that they could overcome us. The problems will not all be solved overnight by the wave of a magic wand. We will have to work at them. In the course of this debate a question has been put repeatedly. Of course, those who put it were not making a genuine enquiry. The question was not put by people seeking information or guidance; it was simply another cheap political stunt by...
Baroness Brinton: ...of their rights by chance, too late or not at all, all of which can have a devastating impact on a victim’s recovery. The scheme, like an offender’s right of appeal, has a time limit of 28 days. This limit provides some assurance for those involved, which we think is important. However, this is where the parity between victim and offender ends, and the amendments tabled by the noble...
Mr. Braithwaite: I said I would deal with yesterday's proceedings. I repeat that the right hon. Member for Lewisham, South did give us the impression that he was concentrating more on the London County Council than on the British Transport Commission. I think there was reason for it. He gave us the reason for it. His thoughts were elsewhere, concentrating on the problem of opposition to his...
Baroness McIntosh of Pickering: ...It seeks to clarify the meaning of Clause 5(3), regarding the effect of the statutory requirement under Clause 6. It should have read, just for greater clarification, “A relevant requirement (see section 6) is of no effect in the destination part but only if, and to the extent that”. That is a compromise we reached for greater understanding of the text. The effect of Clause 5(3) will...
Sir Knox Cunningham: ...-General gave a number of legal explanations, for which I was grateful, and I hope that the Solicitor-General will anwer one or two I wish to put.Clause 2(5) stated: An Order in Council under this section shall be laid before Parliament after being made and shall expire at the end of the period of twenty-eight days beginning with the day on which it was made unless during that period it is...
Lord Elton: ...Doubt is thrown on it by the Human Fertilisation and Embryology Act 2008. We have discussed that in Committee but there are rather more noble Lords here than there were on that day, so it is worth repeating that Section 48(7) of the HFEA 2008 recites what is not to be altered or touched by what is in that Act. The two things caught out are titles and other honours. To the lay mind, that...
Iain Wright: No, I am already inspired. The provision is similar to section 163 of the 1993 Act and is modelled on provisions similar to those found in Acts governing the regional development agencies and urban development corporations. I turn to amendment No. 64. Subsections (1) and (2) of clause 19 operate together and mean that at least 28 days’ notice is required before an authorised person can...
Baroness Scotland of Asthal: First, it is unusual to have to respond to a debate that was ably undertaken by my noble friend Lord Davies on 28 March. I add my voice to that of my noble and learned friend Lord Archer in saying that that debate appears to have been very full, and my noble friend did remarkably well, not being burdened as I am by the disadvantages of being a lawyer. It is absolutely clear that this issue...
Greg Knight: ...the Bill is inadequate. That is not just the view of a few Conservative Members. The Law Commission, which considered the matter thoroughly, came to an indentical view. In paragraph 4.48 on page 28 of its report, the Law Commission gave some of the reasons why it favoured level 5. One reason was that a magistrates court can deal with an offender in certain ways only if the offence carries...
Mr Willie Hamilton: ...two amendments put down by Mr. Ian Mikardo and his colleagues which sought to define the expression 'capable of being born alive'. That term is as you know used in the ILPA 1929 and in the proposed Section 1A(1)b (referred to in Clause 2(1) of the Bill), and any definition would bite upon late abortions performed under new Section 1B (Clause 2(3) of the Bill) on the grounds of foetal...
Baroness Andrews: ...Committee about them. Amendments Nos. 19 and 21 are simple amendments which are there to close a loophole in the drafting of Clause 2. Clause 2(2) states that the responsible NHS body must give the Section 2 notification to the local authority that appears to be the authority in whose area the patient is ordinarily resident. It is not certain how the NHS body would fulfil its duty to issue...
Mr Nigel Spearing: ...Liverpool to become financially viable, largely by reducing manpower. But that is not the only way in which a port can become more financially balanced. At the eighth sitting of the Committee on 28 December I made known why I thought that the Government's analysis was wrong. Far from the money assisting the port of London in the long run, in effect, I said that it could hasten its decline....
Donald Dewar: ...I mention those facts not as a form of special pleading for the detached and deprived, or as representative of any unrepresentative interest, because there is a wider problem that affects a large section of the population. It is that households in the bottom 50 per cent. of the distribution have seen their share of total income drop from 32 to 25 per cent. under the Conservatives, while...
Lord Young of Cookham: ...to give enfranchised leaseholders the same rights as unenfranchised leaseholders. My noble friend has just explained the perverse incentive that that would have resulted in. However, inserting that section back into the Bill leaves the enfranchised leaseholders in the firing line for the time being. I will not repeat all of my noble friend’s “read my lips” speech, which we have heard...
Lord Williams of Mostyn: ...the consent of the Director of Public Prosecutions for Northern Ireland be taken by any person other than the Regulation and Improvement Authority". There is a fairly self-contained code in that section under the overall rubric of "Offences". I agree with the noble Lord, Lord Maginnis of Drumglass, that there ought to be consultation and conversation with affected organisations. I have no...