My Lords, I wholeheartedly approve of the thrust of these amendments. It is surely entirely laudable and proper that recognition should be given to the immense public interest that is involved in all these matters. We are dealing with something that is part of the community’s most essential heritage.
I rise with some apology to make a very narrow legal point. The opening words of Amendment 37 are: ""A person who—""acquires property in an object"."
It is the word "property" that I quarrel with. It suggests to me, as a retired lawyer, the question of ownership or some other identifiable estate in that object. The question of property is surely, ultimately, a matter of title. That, of course, is something that might have to be decided at a later stage, so it would be premature to refer to it as acquiring property at that point in time. The noble Lord, Lord Howarth, referred once to property and three times to possession. I think that what is dealt with here is possession. If I am wrong, I apologise. It may be that a form of words dealing with both possession and the acquisition of an interest that is something short of property would be more appropriate.
Coroners and Justice Bill
Proceeding contribution from
Lord Elystan-Morgan
(Crossbench)
in the House of Lords on Monday, 26 October 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
Type
Proceeding contribution
Reference
713 c987-8 
Session
2008-09
Chamber / Committee
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2024-04-21 13:22:49 +0100
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