Criminal Justice and Immigration Bill. Lords Committee stage seventh day.
Criminal Justice and Immigration Bill
Committee of the Whole House (HL)
and
Debate on bills on Monday, 10 March 2008,
in the House of Lords.
Type
Parliamentary proceeding
Reference
699 c1303-70 
Session
2007-08
Legislative stage
Committee stage
Chamber / Committee
House of Lords chamber
Criminal Justice and Immigration Bill. Brought from the Commons. In two volumes. (Explanatory Note HL Bill 16-EN published).
Wednesday, 9 January 2008
Bills
House of Lords
Wednesday, 9 January 2008
Bills
House of Lords
Proceeding contributions
Lord Avebury | 699 c1344-8 (Link to this contribution)
The attempt by the Government to create a special immigration status for certain categories of peopl...
Lord West of Spithead | 699 c1348-53 (Link to this contribution)
The noble Lord, Lord Avebury, has spoken with his customary passion and eloquence in opposing the pr...
Show all contributions (119)
Lord Thomas of Gresford | 699 c1353 (Link to this contribution)
I would be interested to know whether the 50 people to whom the noble Lord referred include the Afgh...
Baroness Henig | 699 c1344 (Link to this contribution)
I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 180 agreed to.
Clau...
Lord Thomas of Gresford | 699 c1354-5 (Link to this contribution)
I note that paragraph 94 of the Explanatory Notes, under the heading ““Special Immigration Status””,...
Lord West of Spithead | 699 c1354 (Link to this contribution)
I am delighted for the noble Lord; I now know where to go for legal assistance if I ever get into tr...
Lord West of Spithead | 699 c1354 (Link to this contribution)
I shall not go back over all those points, but I reaffirm that refugees will still have refugee stat...
Earl of Sandwich | 699 c1354 (Link to this contribution)
The Minister has ranged over amendments that are not in this group. I wanted to say a few words on A...
Lord West of Spithead | 699 c1338-9 (Link to this contribution)
moved Amendments Nos. 166H to 166M:
166H: Schedule 33, page 303, line 31, at end insert—
““The Pol...
Baroness Henig | 699 c1339-41 (Link to this contribution)
moved Amendment No. 166N:
166N: Clause 180, leave out Clause 180 and insert the following new Clau...
Lord West of Spithead | 699 c1338 (Link to this contribution)
moved Amendments Nos. 166D to 166F:
166D: Schedule 32, page 297, line 43, at end insert—
““(5A) Su...
Lord Hunt of Kings Heath | 699 c1338 (Link to this contribution)
moved Amendment No. 166G:
166G: Clause 178, page 128, line 11, leave out ““Schedule 3 to””
On Qu...
Baroness Henig | 699 c1344 (Link to this contribution)
I have listened carefully to what the Minister said. Perhaps the Government might reflect further on...
Lord West of Spithead | 699 c1342-3 (Link to this contribution)
I thank my noble friend Lady Henig for her very useful input, which has allowed debate on this point...
Baroness Miller of Chilthorne Domer | 699 c1342 (Link to this contribution)
My noble friend Lady Harris of Richmond added her name to the amendment. She is very sorry that she ...
Baroness Hanham | 699 c1342 (Link to this contribution)
Briefly, one of the most unhelpful things that can happen is that people have to dodge between one A...
Lord Harris of Haringey | 699 c1341-2 (Link to this contribution)
I apologise to my noble friend for missing the preamble to her remarks. However, I think that I hear...
Lord Graham of Edmonton | 699 c1363 (Link to this contribution)
It was not an agreement to the words that now appear in the Bill.
Lord Hunt of Kings Heath | 699 c1363-4 (Link to this contribution)
I think my noble friend is saying that the wording in the Bill has not been agreed with the POA. Tha...
Baroness Butler-Sloss | 699 c1364 (Link to this contribution)
I limited my intervention purely and simply to the meaning of the words that the noble Lord, Lord Gr...
Lord Hunt of Kings Heath | 699 c1364 (Link to this contribution)
In giving examples, I attempted to describe the kind of action that might be encompassed in such a d...
Lord Graham of Edmonton | 699 c1364 (Link to this contribution)
I came here hoping that during his address the Minister would give some hope, and I believe that he ...
Lord Hunt of Kings Heath | 699 c1365 (Link to this contribution)
I very much agree with my noble friend that having the POA as a constructive partner as we take forw...
Lord Graham of Edmonton | 699 c1365 (Link to this contribution)
I am grateful to the Minister for what he has said. If I had any reputation, it was that as the Oppo...
Lord Graham of Edmonton | 699 c1365 (Link to this contribution)
The Minister should also carefully note that voices other than mine who have spoken here do not shar...
Lord Henley | 699 c1365 (Link to this contribution)
For the sake of the record, as the first victim of that ambush as a mere social security Minister at...
Lord Hunt of Kings Heath | 699 c1365-6 (Link to this contribution)
moved Amendment No. 174A:
174A: Clause 190, page 134, line 21, leave out from ““instrument”” to en...
Lord Avebury | 699 c1355-6 (Link to this contribution)
It certainly is a disgrace. I can see that the Minister has no reply to that allegation. He repeated...
Lord Graham of Edmonton | 699 c1356-9 (Link to this contribution)
moved Amendment No. 173:
173: Clause 189, page 134, line 5, leave out from ““officer”” to end of l...
Lord Ramsbotham | 699 c1360-1 (Link to this contribution)
I was very interested in all that the noble Lord, Lord Graham, had to say and, if I may say so, the ...
Lord Hunt of Kings Heath | 699 c1361-3 (Link to this contribution)
It is a great honour to respond to my noble friend Lord Graham. He is right that Committee is an opp...
Lord Thomas of Gresford | 699 c1359-60 (Link to this contribution)
I am sure it was far better for industrial relations between prison officers and the Government to b...
Baroness Butler-Sloss | 699 c1360 (Link to this contribution)
I was somewhat concerned to hear from the noble Lord, Lord Graham, that the wording in subsection (3...
Lord Hunt of Kings Heath | 699 c1363 (Link to this contribution)
The 2005 JIRPA was an agreement.
Lord Graham of Edmonton | 699 c1363 (Link to this contribution)
The Minister says ““reflect””, but is he saying that the wording was agreed with the POA?
Lord Hunt of Kings Heath | 699 c1363 (Link to this contribution)
It is as well to be absolutely certain that the provisions in the Bill cover those kinds of actions....
Lord Thomas of Gresford | 699 c1363 (Link to this contribution)
Are not providing food and medication and transporting prisoners to court, which were the first two ...
Lord Thomas of Gresford | 699 c1322 (Link to this contribution)
I am very interested in the Minister’s last contribution. I had not appreciated that this criminal o...
Lord Bassam of Brighton | 699 c1323 (Link to this contribution)
I make it clear that the clause applies only to England and that it would obviously be for the Natio...
Lord Thomas of Gresford | 699 c1323-4 (Link to this contribution)
I see that it is confined to England because NHS premises are defined as ““relevant English NHS”” pr...
Lord Thomas of Gresford | 699 c1324-5 (Link to this contribution)
Clause 175 takes us to that part of the Bill which deals with anti-social behaviour disorders in res...
Lord Bassam of Brighton | 699 c1325-6 (Link to this contribution)
I am grateful to the noble Lord, Lord Thomas of Gresford, for his comments on Clause 175 in the sens...
Lord Bassam of Brighton | 699 c1323 (Link to this contribution)
If the noble Lord is unruly in his hospital, I am sure that someone will deal with him.
Lord Thomas of Gresford | 699 c1323 (Link to this contribution)
Having regard to the sporting prowess of my nation—
Lord Bassam of Brighton | 699 c1323 (Link to this contribution)
I thought that that would be raised.
Lord Thomas of Gresford | 699 c1323 (Link to this contribution)
I am the first to do it and have beaten the noble Lord, Lord Roberts of Conwy, by a long way.
This ...
Lord Bassam of Brighton | 699 c1332 (Link to this contribution)
I do not think that there is a cigarette paper between me and the noble Lord, Lord West, on the good...
Lord Thomas of Gresford | 699 c1333-5 (Link to this contribution)
moved Amendment No. 166B:
166B: After Clause 175, insert the following new Clause—
““Anti-social b...
Lord Thomas of Gresford | 699 c1332-3 (Link to this contribution)
The way in which the ASBO works is that the individual who is subject to the order is placed under a...
Baroness Walmsley | 699 c1335 (Link to this contribution)
If the Government really want to reinforce the syndrome of ASBOs becoming a badge of honour, I can t...
Lord Bassam of Brighton | 699 c1335-6 (Link to this contribution)
Your Lordships’ House is familiar with this argument. The noble Lord, Lord Thomas of Gresford, and t...
Lord Thomas of Gresford | 699 c1336-7 (Link to this contribution)
I have to commend the sagacity and the good common sense of the magistrates’ court in Brighton for e...
Lord West of Spithead | 699 c1337 (Link to this contribution)
moved Amendment No. 166C:
166C: Schedule 32, page 297, line 11, at end insert—
““(8) Subsection (7...
Lord West of Spithead | 699 c1337-8 (Link to this contribution)
It is the phonetic alphabet; Sorry, I forget where I am. They are largely technical in nature.
Amen...
Lord Henley | 699 c1338 (Link to this contribution)
I think that this is the first time we have heard the phonetic alphabet used in this House. It ought...
Lord Thomas of Gresford | 699 c1327-8 (Link to this contribution)
moved Amendment No. 166A:
166A: After Clause 175, insert the following new Clause—
““Anti-social b...
Lord Bassam of Brighton | 699 c1326-7 (Link to this contribution)
As I said at the outset—the noble Lord, Lord Thomas of Gresford, also made the point—ISOs have not b...
Lord Mayhew of Twysden | 699 c1329 (Link to this contribution)
I would like to add a word in support of what the noble Baroness, Lady Walmsley, has just said. Two ...
Lord Elton | 699 c1329 (Link to this contribution)
I shall say much the same thing in rather different words. There can be a good case in principle for...
Baroness Hanham | 699 c1328 (Link to this contribution)
As the noble Lord, Lord Thomas of Gresford, spoke, I grew in sympathy towards the amendment. The tro...
Baroness Walmsley | 699 c1328-9 (Link to this contribution)
I absolutely agree with the noble Baroness, Lady Hanham, that a degree more flexibility for the cour...
Lord Bassam of Brighton | 699 c1331-2 (Link to this contribution)
Like the noble and learned Lord and the noble Lord, Lord West, I trust the good judgment of magistra...
Lord Elton | 699 c1332 (Link to this contribution)
What the Minister has just said—exactly as my noble and learned friend argued—is that we should not ...
Lord Bassam of Brighton | 699 c1329-31 (Link to this contribution)
This has been a short but thoughtful discussion about anti-social behaviour orders. Again, I congrat...
Lord Mayhew of Twysden | 699 c1331 (Link to this contribution)
Perhaps the Minister would take us through this line of thinking. In the context of what we were tol...
Baroness Hanham | 699 c1369 (Link to this contribution)
They at least know when they make the recommendations what the strictures are. They are very importa...
Lord Hunt of Kings Heath | 699 c1369 (Link to this contribution)
As I said earlier in relation to prison officers, pay review bodies will often make awards of more t...
Lord Thomas of Gresford | 699 c1367 (Link to this contribution)
We support the amendment. The pay review bodies set up by the Government report in good faith. If th...
Baroness Hanham | 699 c1366-7 (Link to this contribution)
moved Amendment No. 174B:
174B: After Clause 190, insert the following new Clause—
““Secretary of ...
Lord Mayhew of Twysden | 699 c1367 (Link to this contribution)
I support this amendment. One facet has not been mentioned yet. If we are to have independent pay re...
Lord Ramsbotham | 699 c1367 (Link to this contribution)
I too support this amendment very strongly. No doubt the formation of an independent pay review body...
Lord Hunt of Kings Heath | 699 c1368-9 (Link to this contribution)
It is a great pleasure to respond to the noble Baroness who, I think she said earlier, is now a non-...
Lord Graham of Edmonton | 699 c1368 (Link to this contribution)
This is a sensible amendment in the light of recent circumstances. The Minister and his colleagues h...
Lord Hunt of Kings Heath | 699 c1369 (Link to this contribution)
Of course the Government give evidence to the pay review bodies. Certainly, I have given evidence as...
Baroness Hanham | 699 c1369 (Link to this contribution)
I thank the Minister for his reply and also noble Lords who supported this amendment. I understand t...
Lord Bach | 699 c1370 (Link to this contribution)
I beg to move that the House do now resume.
Moved accordingly, and, on Question, Motion agreed to.
Baroness Hanham | 699 c1369-70 (Link to this contribution)
I was not only referring to staging but to any other changes to the recommendations that the Governm...
Baroness Finlay of Llandaff | 699 c1317 (Link to this contribution)
Does the noble Baroness agree that the police have an extremely good record on responding to calls a...
Baroness Hanham | 699 c1317 (Link to this contribution)
I accept that the police are extremely good at responding to any incident on NHS premises. A friend ...
Lord Bassam of Brighton | 699 c1317-21 (Link to this contribution)
I shall make a considered and lengthy response to this set of amendments—for which I apologise in ad...
Baroness Finlay of Llandaff | 699 c1321 (Link to this contribution)
Could the Minister clarify two points for me? First, does Clause 170 apply only to England, which he...
Lord Bassam of Brighton | 699 c1321-2 (Link to this contribution)
On the first point, yes, we are talking about England in the context of this particular series of cl...
Baroness Butler-Sloss | 699 c1322 (Link to this contribution)
Perhaps I may ask the Minister a question in relation to his answer to the noble Baroness, Lady Finl...
Lord Bassam of Brighton | 699 c1322 (Link to this contribution)
The noble and learned Baroness is the lawyer and I am not. She may well be right and there may be va...
Baroness Howe of Idlicote | 699 c1316 (Link to this contribution)
I, too, congratulate the Government on this clause; this is clearly an important issue. But I also s...
Baroness Hanham | 699 c1312 (Link to this contribution)
Would the noble Lord say that guidance would be available to us by Report so that at least we could ...
Baroness Butler-Sloss | 699 c1310 (Link to this contribution)
If the family is quite rightly stigmatised as the result of a closure order, will the vulnerable adu...
Lord Mayhew of Twysden | 699 c1312 (Link to this contribution)
I shall deal just with the question put by the noble Lord, Lord Thomas of Gresford. What is the diff...
Lord West of Spithead | 699 c1311-2 (Link to this contribution)
Bearing in mind that a whole raft of measures will have been gone through on this, perhaps I may giv...
Baroness Falkner of Margravine | 699 c1312 (Link to this contribution)
I did not wish to interrupt the noble Lord half way through his sentence, but perhaps I may explain ...
Lord Thomas of Gresford | 699 c1310-1 (Link to this contribution)
I am most grateful to all your Lordships who have taken part in this debate. The Minister did not an...
Lord West of Spithead | 699 c1310 (Link to this contribution)
The noble and learned Baroness makes another very valid point. This would have to be taken case by c...
Baroness Hanham | 699 c1311 (Link to this contribution)
I am sorry to keep on, but I am grateful to the noble Lord, Lord Thomas, for picking up on this. Wha...
Lord West of Spithead | 699 c1311 (Link to this contribution)
On the meaning of the significant or persistent disorder, as with crack house closures, it will be f...
Lord Campbell of Alloway | 699 c1312-3 (Link to this contribution)
I respectfully ask the Minister to take into account that, as a general rule, one really feels that ...
Lord West of Spithead | 699 c1312 (Link to this contribution)
That would be a very helpful suggestion and I would be very happy to do my best to achieve that.
Baroness Butler-Sloss | 699 c1316 (Link to this contribution)
I very much support all of these amendments. As a judge I have tried a number of cases involving vul...
Baroness Finlay of Llandaff | 699 c1316 (Link to this contribution)
They are important in terms of sending a very strong message to healthcare workers, to those who are...
Lord Clinton-Davis | 699 c1316 (Link to this contribution)
I am rather innocent in this issue, but I do not see where the amendments fit in. In what way is it ...
Baroness Finlay of Llandaff | 699 c1314-5 (Link to this contribution)
I welcome the extension of Clause 170. I regret that I was unable to state that at Second Reading, p...
Lord Thomas of Gresford | 699 c1313-4 (Link to this contribution)
moved Amendment No. 163:
163: Clause 170, page 121, line 38, at end insert ““and
(d) any premises ...
Lord Thomas of Gresford | 699 c1313 (Link to this contribution)
We will have a look at that in due course, and no doubt we will consider whether these amendments sh...
Lord West of Spithead | 699 c1313 (Link to this contribution)
If I have not taken into account all the various inputs—they are valid, and there is scope for confu...
Lord Thomas of Gresford | 699 c1313 (Link to this contribution)
I wonder if I could expand this point just a little further. We have no control over guidance, parti...
Baroness Butler-Sloss | 699 c1309 (Link to this contribution)
Will the Minister say what the position is for vulnerable adults? If an old grandmother or great gra...
Lord West of Spithead | 699 c1309-10 (Link to this contribution)
The noble and learned Baroness makes a very valid point. The council has a responsibility to find ot...
Lord Ramsbotham | 699 c1306-7 (Link to this contribution)
I have considerable sympathy with these amendments, in line with the growing concern about the dispr...
Baroness Hanham | 699 c1306 (Link to this contribution)
In starting my role on the Bill, I declare a couple of interests, which I hope will suffice for the ...
Lord Thomas of Gresford | 699 c1304-6 (Link to this contribution)
moved Amendment No. 161:
161: Schedule 30, page 285, line 23, at end insert—
““(d) the making of t...
Lord Hunt of Kings Heath | 699 c1303-4 (Link to this contribution)
My Lords, I beg to move that the House do now again resolve itself into Committee on this Bill.
Mov...
Lord West of Spithead | 699 c1309 (Link to this contribution)
First, I congratulate the noble Baroness on getting that legislation passed, because I understand fr...
Baroness Hanham | 699 c1308-9 (Link to this contribution)
I want to ask one question. The supposition is that the premises will be closed. The Minister said t...
Lord Mayhew of Twysden | 699 c1308 (Link to this contribution)
I find that a rather disappointing reply. I cannot see why Amendment No. 161 would make the procedur...
Lord West of Spithead | 699 c1307-8 (Link to this contribution)
I thank noble Lords for their inputs. It is clear that all of us in the Committee understand the imp...
Lord Thomas of Gresford | 699 c1353-4 (Link to this contribution)
There were 12 defendants but only one was acquitted, and he was represented by me. Much more intelle...
Baroness Walmsley | 699 c1326 (Link to this contribution)
What evidence is there that ISOs prevent or reduce reoffending that justifies a further extension of...
Baroness Hanham | 699 c1316-7 (Link to this contribution)
I welcome this clause on disturbances on hospital premises. I know full well that A&E departments ca...
Lord West of Spithead | 699 c1312 (Link to this contribution)
Our feeling is that guidance would be the best way to achieve this rather than trying to put specifi...
Lord West of Spithead | 699 c1344 (Link to this contribution)
I have sympathy with what my noble friend is saying. Perhaps we can think about this and have a meet...
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