Coroners and Justice Bill. Lords Committee stage fourth day. clauses 32 to 3 agreed to, with clauses 33, 36, 38, 39, 40 agreed to as amended. Schedule 8 agreed to as amended. New clause under consideration.
Coroners and Justice Bill
Committee of the Whole House (HL)
and
Debate on bills on Tuesday, 30 June 2009,
in the House of Lords.
Type
Parliamentary proceeding
Reference
712 c119-31,143-91,206-14 
Session
2008-09
Legislative stage
Committee stage
Chamber / Committee
House of Lords chamber
Coroners and Justice Bill. Brought from the Commons. Explanatory Notes HL Bill 33-EN also published.
Wednesday, 25 March 2009
Bills
House of Lords
Wednesday, 25 March 2009
Bills
House of Lords
Proceeding contributions
Baroness Dean of Thornton-le-Fylde | 712 c123 (Link to this contribution)
I would also like to speak to Amendments 136A and 137A. Amendment 134A is straightforward. It applie...
Lord Pannick | 712 c124 (Link to this contribution)
I support the observations of the noble Baroness, Lady Dean, particularly in relation to Amendment 1...
Show all contributions (99)
Baroness Dean of Thornton-le-Fylde | 712 c123 (Link to this contribution)
Amendment 134A
134A: Clause 36, page 21, line 12, after second "to" insert—
"(i) interested persons...
Lord Bach | 712 c128 (Link to this contribution)
Amendments 138 to 140
138: Clause 36, page 21, line 35, leave out subsection (4)
139: Clause 36, ...
Lord Bach | 712 c127 (Link to this contribution)
Amendment 137
137: Clause 36, page 21, line 24, at end insert "or the Coroner for Treasure"
Amendm...
Baroness Dean of Thornton-le-Fylde | 712 c127 (Link to this contribution)
The Minister is absolutely right. Our intentions appear to be the same: to protect the families and ...
Lord Tunnicliffe | 712 c125-7 (Link to this contribution)
The rule-making power contained in Clause 36(2)(e) is intended to deal with a specific concern that ...
Baroness Finlay of Llandaff | 712 c125 (Link to this contribution)
I hesitate to speak on this group of amendments, but I feel that I have to. I support the amendments...
Lord Neill of Bladen | 712 c124-5 (Link to this contribution)
I support both the amendment moved by the noble Baroness for the reasons she gave and the amendment ...
Lord Bach | 712 c131 (Link to this contribution)
Clause 40: Amendments to the Coroners Act (Northern Ireland) 1959
Amendment 148
148: Clause 40, pa...
Lord Lloyd of Berwick | 712 c145-6 (Link to this contribution)
I will address Amendment 150, which has been taken over by the noble Lord. I was, indeed, a member o...
Lord Carlile of Berriew | 712 c143 (Link to this contribution)
Amendment 150
150: Before Clause 42, insert the following new Clause—
"Reform of the law of murder
...
Lord Bach | 712 c131 (Link to this contribution)
Schedule 9: Amendments to the Coroners Act (Northern Ireland) 1959
Amendment 149
149: Schedule 9, ...
Lord Clinton-Davis | 712 c148 (Link to this contribution)
When does my noble and learned friend envisage that she will come forward with an appropriate soluti...
Lord Kingsland | 712 c146 (Link to this contribution)
I share the views expressed by the noble and learned Lord about the legislative exercise in which th...
Baroness Murphy | 712 c146-7 (Link to this contribution)
I admit to having had an interest in the law on homicide ever since serving as a psychiatrist on Lor...
Baroness Scotland of Asthal | 712 c148-9 (Link to this contribution)
We have to acknowledge that there is only so much time left in the current Parliament. I put it bald...
Baroness Finlay of Llandaff | 712 c128 (Link to this contribution)
Amendment 142
142: Clause 38, page 23, line 4, at end insert—
"( ) In circumstances where an intere...
Lord Bach | 712 c128 (Link to this contribution)
Amendment 141
141: Clause 38, page 22, line 40, leave out paragraph (l)
Amendment 141 agreed.
Lord Alderdice | 712 c129 (Link to this contribution)
I commend the noble Baroness, Lady Finlay of Llandaff, for pressing this issue. It is not just a que...
Baroness Finlay of Llandaff | 712 c128 (Link to this contribution)
This is also a probing amendment. As I understand it, the clause expands slightly the list of intere...
Lord Alton of Liverpool | 712 c129 (Link to this contribution)
I support this amendment because the points which my noble friend and the noble Lord, Lord Alderdice...
Lord Bach | 712 c129-30 (Link to this contribution)
We have heard from the noble Baroness, Lady Finlay, that her Amendment 142 relates to Clause 38 and ...
Baroness Finlay of Llandaff | 712 c130 (Link to this contribution)
I am most grateful to the Minister. I am particularly grateful to him for clarifying on the record t...
Lord Bach | 712 c130 (Link to this contribution)
Amendments 143 and 144
143: Clause 38, page 23, line 20, leave out "section 21" and insert "Chapter...
Lord Bach | 712 c130 (Link to this contribution)
Clause 39: Interpretation: general
Amendments 145 and 146
145: Clause 39, page 23, line 44, at end...
Lord Bach | 712 c131 (Link to this contribution)
Amendment 147
147: Clause 39, page 25, line 16, at end insert—
""Treasure regulations" means regula...
Lord Mayhew of Twysden | 712 c160-1 (Link to this contribution)
Perhaps I may offer a word of sympathy and encouragement to the noble and learned Baroness; I hope t...
Baroness Murphy | 712 c160 (Link to this contribution)
I am very attracted to the ingeniously simple wording of the amendment and am a strong supporter of ...
Lord Elystan-Morgan | 712 c159-60 (Link to this contribution)
I, too, support the amendment. As a circuit judge, I never had to try a person for murder, but more ...
Lord Neill of Bladen | 712 c158-9 (Link to this contribution)
If a lawyer was here and did not take part in the debate on this amendment, it would be a bit like t...
Baroness Warnock | 712 c158 (Link to this contribution)
I very strongly support the amendment. I rise to speak only so that there should be more than one no...
Lord Pannick | 712 c157-8 (Link to this contribution)
I support this amendment for all the reasons that have been given by the noble and learned Lord, Lor...
Baroness Mallalieu | 712 c156-7 (Link to this contribution)
I add my voice in support of the amendment of the noble and learned Lord, Lord Lloyd. I understand t...
Lord Joffe | 712 c163-4 (Link to this contribution)
When I read the amendment of the noble and learned Lord, Lord Lloyd of Berwick, I immediately withdr...
Lord Low of Dalston | 712 c161-2 (Link to this contribution)
I am not too sure how I should be classified, whether as a lawyer or as a layman. I never practised ...
Lord Alderdice | 712 c162-3 (Link to this contribution)
I want to take a matter that has been referred to by a number of noble Lords, including the noble an...
Lord Lloyd of Berwick | 712 c150 (Link to this contribution)
Amendment 150A
150A: Before Clause 42, insert the following new Clause—
"Murder: extenuating circum...
Lord Carlile of Berriew | 712 c149-50 (Link to this contribution)
I am very grateful to all those who have taken part in this interesting debate, and particularly to ...
Lord Goodhart | 712 c153-4 (Link to this contribution)
I strongly support the noble and learned Lord, Lord Lloyd of Berwick, in his Amendment 150A, to whic...
Lord Lloyd of Berwick | 712 c150-3 (Link to this contribution)
Perhaps I should make it clear that unlike the previous amendment, this is not just probing in natur...
Baroness Scotland of Asthal | 712 c149 (Link to this contribution)
The noble Baroness is absolutely right. That is why I say that this is delicate and difficult. It is...
Baroness Knight of Collingtree | 712 c149 (Link to this contribution)
Does the noble and learned Baroness recall the time when Parliament abolished the death penalty? One...
Baroness Butler-Sloss | 712 c155 (Link to this contribution)
I also have put my name to the amendment. I strongly agree with the way in which it was put forward ...
Lord Carlile of Berriew | 712 c155 (Link to this contribution)
On behalf of these Benches, I, too, strongly support the amendment proposed by the noble and learned...
Lord Clinton-Davis | 712 c155-6 (Link to this contribution)
I, too, support the proposition advanced by the noble and learned Lord. For many years, I practised ...
Lord Williamson of Horton | 712 c156 (Link to this contribution)
I insinuate myself briefly among the lawyers, since all the preceding speakers on this amendment wer...
Baroness Scotland of Asthal | 712 c170 (Link to this contribution)
I hope I made it clear when I answered the first amendment that everyone—I do not think anyone demur...
Baroness Butler-Sloss | 712 c170 (Link to this contribution)
What does the Minister mean about needing more time? The Law Commission reported in 2004; we are now...
Lord Lloyd of Berwick | 712 c169 (Link to this contribution)
That is the whole point, if I may say so, of the amendment. Does the Minister not accept that there ...
Baroness Scotland of Asthal | 712 c170 (Link to this contribution)
That brings us right back to the substance of the general debate of how we should define homicide, a...
Baroness Murphy | 712 c169 (Link to this contribution)
Perhaps the noble and learned Baroness will give way for a moment. Does she accept that in fact that...
Baroness Scotland of Asthal | 712 c169 (Link to this contribution)
That is partly the point. One of the things that we aspire to achieve with these provisions is a gre...
Lord Kingsland | 712 c166-8 (Link to this contribution)
I know that your Lordships will agree when I say that the Committee owes a great debt to the noble a...
Baroness Scotland of Asthal | 712 c168-9 (Link to this contribution)
I have found this an absolutely fascinating and insightful debate. However, as I listened carefully,...
Bishop of Winchester | 712 c164-5 (Link to this contribution)
As the debate on the amendment has proceeded I am sure that I am not the only Member of the Committe...
Lord Alton of Liverpool | 712 c165-6 (Link to this contribution)
I would like briefly to follow the right reverend Prelate the Bishop of Winchester in expressing a l...
Baroness Scotland of Asthal | 712 c171-2 (Link to this contribution)
It is perfectly simple if one has a definition of what the extenuating circumstances will be in any ...
Lord Neill of Bladen | 712 c172 (Link to this contribution)
That is rather discouraging, as I said a moment ago that I would ask a question. The noble and learn...
Lord Lloyd of Berwick | 712 c172 (Link to this contribution)
I need hardly say that I entirely agree with the noble Lord. The noble Lord, Lord Pannick, said that...
Lord Carlile of Berriew | 712 c172 (Link to this contribution)
Amendment 151
151: Clause 42, page 27, line 11, after "functioning" insert "or developmental immatu...
Baroness Scotland of Asthal | 712 c170-1 (Link to this contribution)
The Government have consulted extensively on the homicide provisions, both generally and in terms of...
Lord Low of Dalston | 712 c171 (Link to this contribution)
Would the noble Baroness accept that she has challenged the amendment with doing far more than it se...
Baroness Scotland of Asthal | 712 c171 (Link to this contribution)
Of course I hear what the noble Lord, Lord Low, says, but I shall come back, if I may, to the very g...
Lord Goodhart | 712 c171 (Link to this contribution)
Can the noble and learned Baroness explain what is complex about this? All the jury needs to decide ...
Lord Clinton-Davis | 712 c170 (Link to this contribution)
I asked if the Government had consulted the Law Society, the Bar Council, and those practising in cr...
Baroness Murphy | 712 c177-81 (Link to this contribution)
I have a number of amendments in this group. I will address developmental immaturity first, but befo...
Lord Alderdice | 712 c181-3 (Link to this contribution)
I wish to speak to Amendments 151 and 158 in the name of my noble friend Lord Thomas of Gresford, Am...
Lord Carlile of Berriew | 712 c175 (Link to this contribution)
I apologise for interrupting the noble Earl but, with great respect, we ought to deal with the point...
Earl of Listowel | 712 c175-7 (Link to this contribution)
I thank the noble Lord, Lord Carlile of Berriew; that was exactly the point I wished to make. He has...
Earl of Listowel | 712 c187 (Link to this contribution)
I thank the noble and learned Baroness for giving way. My understanding is that the frontal lobes of...
Baroness Butler-Sloss | 712 c183-4 (Link to this contribution)
It is with some diffidence that I follow the noble Lord, Lord Alderdice. I question whether lawyers ...
Lord Kingsland | 712 c184-5 (Link to this contribution)
My remarks will, I trust, harmonise with those already expressed during the debate on this line of a...
Lord Lloyd of Berwick | 712 c174 (Link to this contribution)
The purpose of this amendment is to add aback the term "developmental immaturity", which was include...
Earl of Listowel | 712 c175 (Link to this contribution)
I rise to support Amendment 151, which was so eloquently spoken to by the noble Lord, Lord Carlile o...
Baroness Murphy | 712 c206-8 (Link to this contribution)
I move Amendment 161 with a degree of pessimism. We have already referred to the reversed provisions...
Lord Carlile of Berriew | 712 c208-9 (Link to this contribution)
In the light of the Government’s refusal to recognise the concept of developmental immaturity in rel...
Baroness Butler-Sloss | 712 c209 (Link to this contribution)
This is a further attempt to encourage the Government to recognise that there is a real difference b...
Earl of Listowel | 712 c209-10 (Link to this contribution)
I regret that I cannot support the letter of these amendments, but I certainly support their spirit....
Lord Patel | 712 c210 (Link to this contribution)
I wholly support the amendment and with a greater degree of optimism than my noble friend Lady Murph...
Lord Alderdice | 712 c210-1 (Link to this contribution)
I had not intended to speak in this debate, because many of the things that relate to it were discus...
Lord Bach | 712 c211-4 (Link to this contribution)
I thank the noble Baroness, Lady Murphy, for Amendment 161. It is an important subject. I am very co...
Baroness Scotland of Asthal | 712 c187-90 (Link to this contribution)
I am trying to say that where a child’s maturity is consistent with its chronological development an...
Baroness Murphy | 712 c206 (Link to this contribution)
Amendment 161
161: After Clause 43, insert the following new Clause—
"Diminished responsibility: ch...
Baroness Murphy | 712 c214 (Link to this contribution)
Some of us believe in original sin and others do not. Perhaps the Daily Mail is going back to the or...
Lord Bach | 712 c122 (Link to this contribution)
Clause 36: Coroners rules
Amendment 134
134: Clause 36, page 20, line 45, after "32(1)," insert "(...
Lord Bach | 712 c122 (Link to this contribution)
Amendment 133
133: After Clause 35, insert the following new Clause—
"Treasure regulations
(1) The ...
Lord Bach | 712 c121-2 (Link to this contribution)
Schedule 8: Investigation by Chief Coroner or by judge, former judge or former coroner
Amendment 13...
Lord Bach | 712 c121 (Link to this contribution)
Clause 33: Investigation by Chief Coroner or by judge, former judge or former coroner
Amendment 130...
Baroness Finlay of Llandaff | 712 c121 (Link to this contribution)
I am grateful to the Minister for clarifying the procedure. Indeed, I found it difficult to follow t...
Lord Tunnicliffe | 712 c119-20 (Link to this contribution)
Amendment 129 is about appeals. Under the Bill’s new appeals system, an interested person appeals ag...
Baroness Finlay of Llandaff | 712 c119 (Link to this contribution)
Amendment 129 is a probing amendment. It has been tabled following queries raised by Inquest with th...
Baroness Finlay of Llandaff | 712 c119 (Link to this contribution)
Clause 32: Appeals to the Chief Coroner
Amendment 129
129: Clause 32, page 18, line 45, leave out ...
Lord Carlile of Berriew | 712 c173-4 (Link to this contribution)
This is another amendment prepared by my noble friend Lord Thomas of Gresford which I beg leave to m...
Lord Carlile of Berriew | 712 c143-5 (Link to this contribution)
The amendment stands in the name of my noble friend Lord Thomas of Gresford. I hope that the Committ...
Baroness Scotland of Asthal | 712 c147-8 (Link to this contribution)
I commend the noble Lord, Lord Carlile of Berriew, for standing in so manfully in the place of the n...
Baroness Scotland of Asthal | 712 c185-7 (Link to this contribution)
This has been a very complex debate. I thank the noble Baroness, Lady Murphy, and the noble Lord, Lo...
Lord Carlile of Berriew | 712 c190-1 (Link to this contribution)
It falls to me as the person who moved the amendment to thank everyone who has spoken in this intere...
Lord Bach | 712 c127 (Link to this contribution)
Amendments 135 and 136
135: Clause 36, page 21, line 13, leave out from "delegation" to first "of" ...
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