UK Parliament / Open data

Commons Bill [HL]

On Amendment No. 218, we understand the point made by the noble Lord, Lord Greaves, that enforcement proceedings need to be effective. However, the amendment would mix up civil and criminal proceedings in a way that we do not believe is either necessary or desirable. County courts have sufficient powers to enforce their judgment and orders, and failure to comply with an order to remove works would be punishable as contempt of court. It is unnecessary to create a criminal offence as well. We have similar views on Amendment No.  218A. Where a court order requires a person to take action and the person fails to do so, that is a matter for the court to resolve and there are established procedures to do so. We therefore do not agree that an applicant for a court order should have the powers proposed by the amendments. The county courts are not appropriate bodies to determine the guilt of persons concerned with criminal offences. With those assurances, I hope that the noble Lord will feel able to withdraw his amendment.

About this proceeding contribution

Reference

675 c265-6GC 

Session

2005-06

Chamber / Committee

House of Lords Grand Committee
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