Anti-social Behaviour, Crime and Policing Bill

With this is will be convenient to take Government amendment (a) in lieu of Lords amendment 112.<...

I should add that I wish the House to agree to amendment (a).

Clause 151 defines what amoun...

Will the Minister explain to those of us who are not lawyers what the difference is between the G...

I join my hon. Friend in that state of grace of not being a lawyer. The difference is that we hav...

Will the Minister therefore explain to us what the difference is between “innocent of” and “did n...

A lot of the debate was about the nomenclature—the thought that we were asking people to prove th...

Further to that point, will the Minister explain how it would be different for someone to prove t...

The point is that nobody has to prove that they are innocent. We are not requiring them to do tha...

Will the Minister concede that that puts the burden of proof squarely on the defendant, however? ...

No, I do not accept that because what would trigger the compensation claim would be the new evide...

If an innocent bystander is watching this debate today and the Minister is saying they have to pr...

I am keen on this new version and consider it to be an improvement on the original version precis...

I assure the Minister I have not risen to intervene to ensure he takes an intervention from every...

It would not be helpful to go into individual cases. I have given some examples of what requireme...

I think I understand where the Minister is coming from, but I just think we are getting ourselves...

I disagree. The hon. Gentleman seems to be saying the system will in some ways be more difficult ...

May I explain my point again? Let us take the Birmingham Six as our example. As soon as the confe...

I think this is just a genuine misunderstanding. Someone will be eligible for compensation if the...

rose—

The hon. Gentleman has had a go.

rose—

I give way to my hon. Friend.

I must declare an interest as a lawyer. Returning to the amendment, these matters must be dealt w...

I am grateful to my hon. Friend for bringing his legal mind to bear on this, and explaining the d...

rose—

The hon. Gentleman may disagree, but he will have his chance to contribute to the debate.

W...

Surely the Government’s amendment would not make it easier for the applicant to decide. Would not...

No; my difference with the Lords amendment is that it would leave applicants less clear about wha...

Justice demands that those who are guilty of serious offences should be held to account and broug...

The hon. Gentleman talks about the issue of innocence and the test that is to be applied. Like me...

First, the number of people who receive compensation every year is a handful—it is less than the ...

I share the hon. Gentleman’s concern about the cases he has cited and the appalling years that th...

In English law, someone is innocent until they are proved guilty. Let me contrast the three diffe...

We are talking about where the burden lies so we are dealing with the difference between a test o...

As a lawyer, the hon. Gentleman will know the difference between providing conclusive proof and p...

Is not the Barry George example one we should think about carefully? He was convicted and spent a...

There is a widespread view, reflected in the debate in the other place—someone talked about “incr...

We all want clarity, so let me try to understand the difference between “conclusively” and “beyon...

As an eminent lawyer, the hon. Gentleman will know that “beyond reasonable doubt” has a very clea...

Which is it?

We believe it is inappropriate for the test to be pitched so high; a “beyond reasonable doubt” te...

rose—

I have given way three times and have been more than happy to do so, but let me continue now.

To be frank, I am absolutely confused about where we have got to. I am confused over the differen...

rose—

Let me just finish this point, then I will give way; I welcome the intervention.

In the cas...

I must admit that I have quite a lot of sympathy with what the hon. Gentleman is saying. He expre...

In my view, the Government’s test is faulty. I am not convinced of the need for this additional t...

I rise to support Lords amendment 112 and oppose the Government’s amendment in lieu. The Minister...

I wish to add my voice to those seeking to support Lords amendment 112. I am indebted to my right...

I rise to support Opposition Front Benchers. Lords amendment 112 uses the words,

“conclusiv...

With the leave of the House, Madam Deputy Speaker, I will respond briefly to some of the importan...

Just for the record, Lord Saville of Newdigate, Lord Phillips of Worth Matravers, Lord Hope of Cr...

I should point out that Lord Brown disagreed and that the Supreme Court’s judgment in the Adams c...

I beg to move, That this House agrees with Lords amendments 1 to 68, 138 and 168.

Order. The House is agreeing with Lords amendment 1 only, with which we will consider Lords amend...

Thank you, Mr Deputy Speaker, I am so keen to agree that I got carried away.

The amendments...

I do not take exception to the Minister’s comments, but those of religious persuasion who are con...

Yes, I am happy to deal with the issue of religious beliefs. Lords amendments 2 and 19 respond to...

While I agree with the Minister that we should agree with what the Lords have had to say on this ...

I am not quite sure what was in the Lords thoughts. Other examples were given—bellringers and so ...

I am grateful to the Minister for outlining how the Government do not intend to oppose the Lords ...

I think the hon. Lady is being too sceptical about the genesis of these provisions. As a central ...

The hon. Gentleman makes the important point that in many cases ASBOs worked. I have seen them wo...

I sympathise greatly and understand the issue that the hon. Lady raises. In the case of someone a...

The hon. Gentleman makes a fair point. He is right that incidents of domestic violence do not alw...

Before my hon. Friend sits down, will she say whether she, like me, welcomes Lords amendment 69, ...

My hon. Friend makes a good point. I well recall the horrific case in her constituency. I do regr...

There is a huge range of issues to cover in this group of amendments. I will not even try to touc...

Some more than others.

I hope my hon. Friend would join me in being in the annoying category.

It would be a club of one.

Order. I think we go through the Chair.

I was somewhat surprised by the original amendment passed in the other place, which was backed by...

Just for the record, the proposal for a tenure-neutral approach in fact came from Labour Lords.