Protection of Freedoms Bill. Lords report stage first day.
Protection of Freedoms Bill
About these Parliamentary proceedings
Reference
734 c1500-56Session
2010-12Legislative stage
Report stageChamber / Committee
House of Lords chamberRelated items
Protection of Freedoms Bill. Brought from the Commons. Explanatory Notes HL Bill 99-EN also published.
Wednesday, 12 October 2011
Bills
House of Lords
Wednesday, 12 October 2011
Bills
House of Lords
Proceeding contributions
Lord Henley | 734 c1502-3 (Link to this contribution)
My Lords, I hope that I can deal with these two cases relatively briefly. My noble friend Lady Hamwe...
Lord Campbell-Savours | 734 c1501-2 (Link to this contribution)
My Lords, I speak to Amendment 3, which stands in my name. Perhaps at this stage I can apologise to ...
Show all contributions (99)
Baroness Hamwee | 734 c1500-1 (Link to this contribution)
My Lords, in moving Amendment 1, I will speak also to Amendment 2. Amendment 3 is also in this group...
Baroness Hamwee | 734 c1500 (Link to this contribution)
1: Clause 1, page 2, line 6, after ““police”” insert—
““(iii) taken from a person detained under sec...
Lord Henley | 734 c1553-6 (Link to this contribution)
My Lords, my noble friend is absolutely right to say that this is a very important matter. It is sad...
Baroness Hamwee | 734 c1556 (Link to this contribution)
My Lords, I shall certainly do so. What the Minister has explained to the House is of enormous signi...
Lord Lucas | 734 c1543 (Link to this contribution)
31: Clause 33, page 24, line 36, leave out ““evidence in any such”” and insert ““criminal or civil””...
Lord Henley | 734 c1542 (Link to this contribution)
29: Clause 28, page 21, line 25, leave out ““the consent of no parent”” and insert ““there is no per...
Lord Henley | 734 c1542 (Link to this contribution)
25: Clause 27, page 20, line 4, leave out from ““section”” to ““if”” and insert ““26(1A) and (2), th...
Lord Henley | 734 c1542 (Link to this contribution)
My Lords, I shall speak also to Amendments 38, 39, 40, 41 and 46. I can give an assurance that these...
Lord Henley | 734 c1542 (Link to this contribution)
30: Clause 31, page 24, line 14, after second ““the”” insert ““alteration or””
Lord Henley | 734 c1541 (Link to this contribution)
My Lords, I hope I have understood correctly what is being proposed but if I have got it wrong I sha...
Baroness Hamwee | 734 c1541 (Link to this contribution)
Our procedures do not allow me to come back on a debate on Report, so I move this amendment to the M...
Lord Henley | 734 c1542 (Link to this contribution)
22: Clause 26, page 19, leave out lines 29 to 33 and insert—
““(a) at least one parent of the child ...
Baroness Hamwee | 734 c1542 (Link to this contribution)
I beg leave to withdraw the amendment.
Amendment 20 (to Amendment 19) withdrawn.
Amendment 21 (to ...
Lord Lucas | 734 c1543 (Link to this contribution)
This is also a minor drafting amendment, but I suspect that I shall have to speak to it at greater l...
Lord Henley | 734 c1543-4 (Link to this contribution)
My Lords, I am grateful to my noble friend, particularly for his references to making marmalade. I c...
Baroness Stowell of Beeston | 734 c1549 (Link to this contribution)
My Lords, I am grateful to my noble friend. I was grateful to her for taking my call earlier today t...
Baroness Hamwee | 734 c1548-9 (Link to this contribution)
Amendment 33 amends the provision dealing with the need for judicial approval in cases of directed s...
Baroness Hamwee | 734 c1548 (Link to this contribution)
33: Clause 38, page 29, line 44, at end insert—
““(2A) Subsection (2) shall not apply to an authoris...
Lord Campbell-Savours | 734 c1548 (Link to this contribution)
My Lords, I am indebted to the noble Baroness for her reply to my amendment. We have had an early ca...
Baroness Stowell of Beeston | 734 c1546-7 (Link to this contribution)
My Lords, I am grateful to the noble Lord, Lord Campbell-Savours, for moving this amendment. I have ...
Lord Campbell-Savours | 734 c1545-6 (Link to this contribution)
To describe this as a probing amendment is perhaps to stretch parliamentary procedure a bit far. How...
Lord Campbell-Savours | 734 c1544 (Link to this contribution)
32: Clause 33, page 25, line 17, at end insert—
““(l) any organisation able to transmit images which...
Lord Lucas | 734 c1544 (Link to this contribution)
My Lords, one of the happy consequences of Pepper v Hart is that by setting out what he has, my nobl...
Baroness Hamwee | 734 c1550-1 (Link to this contribution)
34: After Clause 38, insert the following new Clause—
““Matters subject to legal privilege
Investiga...
Baroness Hamwee | 734 c1551-3 (Link to this contribution)
My Lords, I beg to move Amendment 34, which has been prepared by the Bar Council. Any noble Lord who...
Baroness Hamwee | 734 c1550 (Link to this contribution)
My Lords, I thank my noble friend for having clearly spent quite some time on this since we spoke ea...
Lord Henley | 734 c1534 (Link to this contribution)
18A: Clause 26, page 19, line 22, leave out ““Subsection (2)”” and insert ““This section””
Lord Campbell-Savours | 734 c1533 (Link to this contribution)
My Lords, I am grateful to the noble Lord, Lord Marlesford, for his recognition of the inevitability...
Lord Campbell-Savours | 734 c1527-9 (Link to this contribution)
I put the same proposition more seriously. I am convinced that there is much support throughout the ...
Lord Hughes of Woodside | 734 c1530-1 (Link to this contribution)
My Lords, I rise to support my noble friend Lord Campbell-Savours, who has put the case for his amen...
Lord Marlesford | 734 c1529-30 (Link to this contribution)
My Lords, I strongly support the noble Lord, Lord Campbell-Savours. He is merely putting forward, pr...
Earl of Erroll | 734 c1531 (Link to this contribution)
My Lords, I was quite attracted by the concept of the freedom to choose voluntarily to do something ...
Lord Desai | 734 c1531 (Link to this contribution)
My Lords, I apologise for not having spoken before in a debate on this Bill. I have listened to the ...
Lord Henley | 734 c1532-3 (Link to this contribution)
My Lords, the noble Baroness guessed right in that I will be rejecting the amendment or at least not...
Baroness Royall of Blaisdon | 734 c1531-2 (Link to this contribution)
My Lords, I rise not to support my noble friend on behalf of the Opposition necessarily but, as I sa...
Lord Henley | 734 c1541 (Link to this contribution)
19: Clause 26, page 19, line 26, at end insert—
““(1A) Before the first processing of a child’s biom...
Lord Henley | 734 c1540-1 (Link to this contribution)
All of us have been children and most of us in this House are parents. All of us know that one thing...
Earl of Erroll | 734 c1537-8 (Link to this contribution)
My Lords, although I would agree that the Government have made an effort to move some way in the dir...
Lord Rosser | 734 c1535-7 (Link to this contribution)
My Lords, we have Amendment 24 in this group. The purpose of the amendment is to effectively remove ...
Lord Lucas | 734 c1535 (Link to this contribution)
My Lords, I am very grateful to the Minister for his amendments. I think they answer the matters tha...
Baroness Hamwee | 734 c1534-5 (Link to this contribution)
My Lords, my Amendments 20 and 21 are to the Minister’s Amendment 19, which, as he explained, deals ...
Earl of Erroll | 734 c1540 (Link to this contribution)
I was trying to make that same point, although not as well. Does the noble Lord remember being very ...
Lord Henley | 734 c1540 (Link to this contribution)
My Lords, I was going to come to that point. The two scenarios are different. This is why I thought ...
Lord Rosser | 734 c1540 (Link to this contribution)
If that is the Government’s view for a child of primary school age, is it also their view that if th...
Lord Henley | 734 c1538-40 (Link to this contribution)
My Lords, I note what the noble Earl, Lord Erroll, said in his concluding remarks and we will certai...
Baroness Hamwee | 734 c1541 (Link to this contribution)
20: Clause 26, line 4, at end insert ““and the child””
Baroness Stowell of Beeston | 734 c1520 (Link to this contribution)
I am sorry if I in any way misled your Lordships. In her definition of those final five words—partic...
Baroness Royall of Blaisdon | 734 c1517-9 (Link to this contribution)
My Lords, I am very grateful to the Minister for the explanation this evening and for the letter tha...
Baroness Stowell of Beeston | 734 c1519-20 (Link to this contribution)
On the change of definition of vulnerable adult, as I tried to explain in moving the amendment, it i...
Baroness Stowell of Beeston | 734 c1515-7 (Link to this contribution)
My Lords, I withdrew a similar amendment in Committee in order to take more time to consider careful...
Baroness Stowell of Beeston | 734 c1523 (Link to this contribution)
8: Clause 17, page 12, line 20, at end insert—
““(2A) Sections 63D to 63T do not apply to material t...
Lord Rosser | 734 c1522-3 (Link to this contribution)
My Lords, I thank the noble Baroness for that explanation of the reasoning behind these amendments. ...
Baroness Stowell of Beeston | 734 c1523 (Link to this contribution)
My Lords, I will speak briefly on one aspect of the amendment that might be of interest to the noble...
Baroness Stowell of Beeston | 734 c1520-1 (Link to this contribution)
7: Clause 14, page 10, line 36, at end insert—
““(5A) The responsible chief officer of police may ap...
Baroness Stowell of Beeston | 734 c1521-2 (Link to this contribution)
My Lords, as we have previously discussed, the Bill creates a general rule that all individual sampl...
Baroness Stowell of Beeston | 734 c1525 (Link to this contribution)
14: Clause 21, page 16, line 31, leave out subsection (6)
Amendment 14 agreed.
Clause 24 : Nationa...
Baroness Hamwee | 734 c1525 (Link to this contribution)
15: Schedule 1, page 113, line 3, at end insert—
““Work-related requirements
6A Regulations may prov...
Baroness Stowell of Beeston | 734 c1526 (Link to this contribution)
My Lords, I am grateful to my noble friend for her explanation in moving her amendment. The first th...
Baroness Stowell of Beeston | 734 c1524 (Link to this contribution)
9: Clause 18, page 13, line 2, leave out from ““to”” to ““63R”” in line 4 and insert ““material to w...
Baroness Stowell of Beeston | 734 c1524-5 (Link to this contribution)
11: Schedule 1, page 110, line 17, at end insert—
““(5A) The responsible chief officer of police may...
Baroness Hamwee | 734 c1527 (Link to this contribution)
My Lords, I thank the Minister for that reply. I do not require the detail now; that would not be se...
Lord Campbell-Savours | 734 c1527 (Link to this contribution)
16: Clause 24, page 18, line 14, at end insert—
““(10) The Secretary of State may by regulation intr...
Lord Campbell-Savours | 734 c1527 (Link to this contribution)
My Lords, this amendment is my modest attempt to secure the introduction of a voluntary national DNA...
Lord Campbell-Savours | 734 c1509 (Link to this contribution)
My Lords, I do not want to detain the House longer than a few moments. I reiterate what I said in my...
Lord Lester of Herne Hill | 734 c1509 (Link to this contribution)
Before the noble Lord sits down, he wants evidence, but would he agree with me that what the public ...
Lord Henley | 734 c1510-2 (Link to this contribution)
My Lords, as always, I am very grateful to my noble friend Lord Lester of Herne Hill for his assista...
Lord Campbell-Savours | 734 c1512 (Link to this contribution)
If I recall correctly, my noble friend on the Front Bench said that there had been no extensions wha...
Lord Campbell-Savours | 734 c1509 (Link to this contribution)
The public’s perception of freedom in this debate is that they will be free of crime, or at least fr...
Baroness Hamwee | 734 c1510 (Link to this contribution)
The noble Baroness has referred to the figures that she gave us at the previous stage. She said that...
Lord Henley | 734 c1512 (Link to this contribution)
My Lords, that provision will be available here; it is available there. That is the important point....
Lord Henley | 734 c1512 (Link to this contribution)
I am saying that it is available to the police should that be necessary. That is the important point...
Lord Harris of Haringey | 734 c1512 (Link to this contribution)
The Minister said that an application, which has not, or may not have been exercised in Scotland, co...
Lord Henley | 734 c1512-4 (Link to this contribution)
I noticed the intervention made by the noble Lord earlier on that point. It would be for the police ...
Baroness Royall of Blaisdon | 734 c1514 (Link to this contribution)
My Lords, I am grateful to all noble Lords who have participated in this brief debate and for the in...
Lord Lester of Herne Hill | 734 c1514 (Link to this contribution)
Does the noble Baroness accept that this is not a ““rather than”” situation? She keeps using the phr...
Lord Henley | 734 c1515 (Link to this contribution)
My Lords, we are on Report so I intervene with some disquiet merely to say that I do not think that ...
Baroness Royall of Blaisdon | 734 c1515 (Link to this contribution)
My Lords, of course I recognise what the European Court of Human Rights said, but my Government, whe...
Baroness Hamwee | 734 c1515 (Link to this contribution)
My Lords, with the leave of the House, perhaps I may say to the noble Baroness that asking whether t...
Baroness Royall of Blaisdon | 734 c1515 (Link to this contribution)
My Lords, forgive me if I misled the House. I did not mean to ask why not; I wished to know whether ...
Baroness Stowell of Beeston | 734 c1515 (Link to this contribution)
6: Clause 3, page 5, line 26, leave out from ““adult”””” to end of line 27 and insert ““means a pers...
Lord Lester of Herne Hill | 734 c1506-7 (Link to this contribution)
My Lords, I wonder whether I might speak briefly as a member of the Joint Committee on Human Rights,...
Baroness Royall of Blaisdon | 734 c1505-6 (Link to this contribution)
My Lords, Amendment 4 would seek to instate a more proportionate limit of six years for the retentio...
Lord Hughes of Woodside | 734 c1507-8 (Link to this contribution)
My Lords, I support my noble friend Lady Royall. I do so even though I am not entirely in agreement ...
Lord Henley | 734 c1503-4 (Link to this contribution)
If I may say so, that is another question. I accept the fact that it might be better if there were o...
Lord Harris of Haringey | 734 c1503 (Link to this contribution)
To clarify further, presumably part of the difficulty here is that this is an inadvertent error by t...
Baroness Royall of Blaisdon | 734 c1505 (Link to this contribution)
4: Clause 40, page 18, line 40, leave out ““work has such meaning as may be prescribed”” and insert ...
Baroness Hamwee | 734 c1504 (Link to this contribution)
My Lords, I do not think that we will have an opportunity to come back to mine. Of course, I am glad...
Lord Henley | 734 c1503 (Link to this contribution)
My understanding is that it would be unlawful and that therefore they would destroy what they had ta...
Earl of Erroll | 734 c1503 (Link to this contribution)
Just to clarify, if the police inadvertently, even despite the new code, were to take such a sample ...
Lord Henley | 734 c1534 (Link to this contribution)
My Lords, I shall speak also to the other amendments in my name in this group; that is, Amendments 1...
Baroness Hamwee | 734 c1520 (Link to this contribution)
The noble Baroness pointed to the words ““or otherwise”” at the end of the amendment. I may not have...
Baroness Hamwee | 734 c1526 (Link to this contribution)
My Lords, Amendment 15 deals with membership of the National DNA Database Strategy Board. In Committ...
Lord Harris of Haringey | 734 c1508-9 (Link to this contribution)
My Lords, on the same point about the balance of proportionality, I am assuming that this clause is ...
Baroness Royall of Blaisdon | 734 c1514-5 (Link to this contribution)
I accept that it is a question of balance, as I have said on numerous occasions. However, I believe ...
Lord Campbell-Savours | 734 c1512 (Link to this contribution)
In other words, the Government are proposing an extension of two years for England and Wales. That s...
Lord Dear | 734 c1508 (Link to this contribution)
My Lords, I have a good deal of sympathy with the view that the noble Lord, Lord Hughes of Woodside,...
Subjects
Librarians' tools
Timestamp
2024-02-08 19:28:30 +0000
URI
http://data.parliament.uk/pimsdata/hansard/PROCEEDING_97214
In Indexing
http://indexing.parliament.uk/Content/Edit/1?uri=http://data.parliament.uk/pimsdata/hansard/PROCEEDING_97214
In Solr
https://search.parliament.uk/claw/solr/?id=http://data.parliament.uk/pimsdata/hansard/PROCEEDING_97214