Coroners and Justice Bill. Lords Committee stage fifth day. Clauses 44 to 60 agreed to. Schedules 10 and 11 agreed to.
Coroners and Justice Bill
Committee of the Whole House (HL)
and
Debate on bills on Tuesday, 7 July 2009,
in the House of Lords.
Type
Parliamentary proceeding
Reference
712 c569-636,653-64 
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
Lord Kingsland | 712 c576 (Link to this contribution)
My noble friend raises an important question that has been testing the courts, as my noble friend we...
Lord Lloyd of Berwick | 712 c578 (Link to this contribution)
I am very grateful to the noble and learned Baroness, but I am not sure that it makes much sense to ...
Show all contributions (79)
Baroness Hayman | 712 c578 (Link to this contribution)
Perhaps I may be of assistance to the Committee. Clauses 45 and 46 stand part are in this group. It ...
Lord Lloyd of Berwick | 712 c578-80 (Link to this contribution)
I am happy to take that course. I start, as the noble Lord, Lord Thomas, did, with the present law o...
Baroness Scotland of Asthal | 712 c580-3 (Link to this contribution)
We have had a very full and extensive debate. I too thank the noble Lord, Lord Thomas of Gresford, f...
Lord Neill of Bladen | 712 c576-7 (Link to this contribution)
I have two brief observations to make. First, the noble Lord, Lord Thomas of Gresford, has set out t...
Baroness Mallalieu | 712 c577 (Link to this contribution)
I rise briefly to support what the noble Lord, Lord Neill, has just said as I see that there are two...
Lord Lloyd of Berwick | 712 c577 (Link to this contribution)
I had intended to develop my argument when we come to Clause 44 stand part and I had asked for that ...
Baroness Scotland of Asthal | 712 c577 (Link to this contribution)
We have grouped and regrouped and grouped again, and it is probably better if we take the amendments...
Lord Kingsland | 712 c574-6 (Link to this contribution)
The encyclopaedic exegesis of the law of provocation by the noble Lord, Lord Thomas, has lifted a he...
Lord Thomas of Gresford | 712 c569-74 (Link to this contribution)
If the Government had the courage to abolish the mandatory life imprisonment penalty for murder, the...
Baroness Hayman | 712 c574 (Link to this contribution)
I remind the Committee that, if Amendment 163 is agreed, I cannot call Amendment 163A by reason of p...
Lord Thomas of Gresford | 712 c569 (Link to this contribution)
Amendment 163
163: Clause 44, page 28, line 16, leave out paragraphs (a) and (b)
Baroness Scotland of Asthal | 712 c594 (Link to this contribution)
I thank the noble Lord, Lord Low, for speaking to the amendment so comprehensively on behalf of the ...
Lord Falconer of Thoroton | 712 c595 (Link to this contribution)
Amendment 173
173: After Clause 49, insert the following new Clause—
"Acts not capable of encouragi...
Lord Low of Dalston | 712 c594-5 (Link to this contribution)
Given the response of the Attorney-General, I shall beg leave to withdraw the amendment. I will cons...
Lord Falconer of Thoroton | 712 c596-8 (Link to this contribution)
It is not a crime to travel abroad to be assisted in dying in a country where assisted dying is lawf...
Lord Mackay of Clashfern | 712 c599 (Link to this contribution)
I had assumed that the co-signatories to the amendment might wish to speak in support of the noble a...
Lord Mackay of Clashfern | 712 c599-601 (Link to this contribution)
The fact that they felt that there was no obligation to raise a prosecution showed that the circumst...
Lord Lester of Herne Hill | 712 c601-2 (Link to this contribution)
I have put my name to the amendment. The noble and learned Lord, Lord Falconer, has so completely de...
Lord Walton of Detchant | 712 c602-4 (Link to this contribution)
In opposing the amendment, I speak as a doctor, a retired neurologist, and someone who in my profess...
Baroness Jay of Paddington | 712 c604-5 (Link to this contribution)
I, too, have signed the amendment and I had the privilege also of serving on the Select Committee ch...
Lord Thomas of Gresford | 712 c587-8 (Link to this contribution)
The noble and learned Baroness the Attorney-General did not mention the fact that juries control the...
Baroness Scotland of Asthal | 712 c583-6 (Link to this contribution)
We do not believe that it is otiose. There has to be a benchmark that regulates this. We think that ...
Lord Thomas of Gresford | 712 c588 (Link to this contribution)
I have already made my criticisms of the expression "sexual infidelity". What is meant by that? Does...
Lord Kingsland | 712 c588 (Link to this contribution)
I wholly endorse what the noble Lord, Lord Thomas of Gresford, has said, and I await the response of...
Lord Lloyd of Berwick | 712 c588 (Link to this contribution)
The Committee knows well that I am not persuaded that this clause, as it stands, gives rise to any b...
Lord Low of Dalston | 712 c590 (Link to this contribution)
Clause 47: Infanticide (England and Wales)
Amendment 171
171: Clause 47, leave out Clause 47 and i...
Baroness Scotland of Asthal | 712 c588-9 (Link to this contribution)
I hesitated in standing in case I was a little too quick again. Of course I understand what has been...
Lord Thomas of Gresford | 712 c589-90 (Link to this contribution)
Infidelity has a very wide range. There can be the casual affair, where there is a feeling of disapp...
Baroness Kennedy of the Shaws | 712 c615-6 (Link to this contribution)
It may come as a surprise to many in this House that I am against the amendment. Although I am a gre...
Baroness Warnock | 712 c616-7 (Link to this contribution)
I entirely agree with the noble Baroness, Lady Kennedy, on the symbolic value of the law. We should ...
Lord Quirk | 712 c617 (Link to this contribution)
I think that we can all accept that the arguments that have been made opposing this amendment have b...
Lord Low of Dalston | 712 c617-9 (Link to this contribution)
I put my name to this amendment in the belief, which has been endorsed by others, that it is a compa...
Baroness Campbell of Surbiton | 712 c614 (Link to this contribution)
Lastly, if these amendments were to succeed, despair would be endorsed as a reasonable expectation f...
Baroness Williams of Crosby | 712 c621-2 (Link to this contribution)
The right reverend Prelate has pointed to a deep ambivalence running through the debate. That deep a...
Lord Warner | 712 c619-20 (Link to this contribution)
I support what we must remember is a narrow and focused amendment. This is not the day to have a wid...
Lord Waldegrave of North Hill | 712 c619 (Link to this contribution)
It may be appropriate to have two or three sentences from someone who once held the huge and wonderf...
Bishop of Chichester | 712 c620 (Link to this contribution)
Several noble Lords have suggested that this is a narrow amendment. It is not a narrow amendment: it...
Baroness Masham of Ilton | 712 c620 (Link to this contribution)
With pressures on our National Health Service, many people who are seriously disabled feel vulnerabl...
Baroness O'Neill of Bengarve | 712 c609-10 (Link to this contribution)
Most of the arguments that I would have wished to put have already been put very much better by othe...
Lord Elystan-Morgan | 712 c610 (Link to this contribution)
I should like to follow the point made by the noble Baroness, Lady O’Neill, and suggest that the mos...
Bishop of Exeter | 712 c605-6 (Link to this contribution)
With all due respect to the noble Baroness, I am not persuaded that this is a mere narrow and techni...
Baroness Finlay of Llandaff | 712 c607-9 (Link to this contribution)
Last week, the BMA rejected the amendment’s proposal, and also rejected supporting physician-assiste...
Baroness Wilkins | 712 c614 (Link to this contribution)
This House has repeatedly taken the view that it cannot support assisted dying. Proponents for a cha...
Baroness Campbell of Surbiton | 712 c612-4 (Link to this contribution)
Before I begin, I need to remind the Committee that the usual channels have allowed my noble friend ...
Lord Goodhart | 712 c612 (Link to this contribution)
In 1961, we in the United Kingdom were humane enough to remove suicide itself from the list of crime...
Lord Turnberg | 712 c611-2 (Link to this contribution)
I speak simply as a medical practitioner when I say I have every sympathy for those unfortunate pati...
Lord Elystan-Morgan | 712 c610-1 (Link to this contribution)
Those two submissions raise a number of different questions and, in any event, it probably would hav...
Lord Falconer of Thoroton | 712 c610 (Link to this contribution)
I apologise for interrupting the noble Lord. There are two separate answers to that and perhaps he w...
Baroness D'Souza | 712 c653-4 (Link to this contribution)
Amendment 175
175: After Clause 51, insert the following new Clause—
"Retrospective operation
In Pa...
Baroness D'Souza | 712 c654-5 (Link to this contribution)
As I have spelt our previously in this House, the amendment seeks to adjust a procedural aspect of c...
Lord Carlile of Berriew | 712 c655-6 (Link to this contribution)
I shall speak briefly in support of the amendment. I agree with every word said by the noble Barones...
Lord Falconer of Thoroton | 712 c656 (Link to this contribution)
I join the noble Baroness, Lady D’Souza, and the noble Lord, Lord Carlile, in very much welcoming th...
Lord Alton of Liverpool | 712 c656-7 (Link to this contribution)
As the fourth signatory to this amendment, I join the noble and learned Lord, Lord Falconer, and the...
Lord Hannay of Chiswick | 712 c657-8 (Link to this contribution)
I rise briefly in support of the amendment of my noble friend and other noble Lords. I declare an in...
Lord Elystan-Morgan | 712 c658 (Link to this contribution)
I, too, warmly welcome the amendment and congratulate the Government on graciously accepting it. Let...
Lord Thomas of Gresford | 712 c658 (Link to this contribution)
We on these Benches, too, are very pleased that the Government have moved. I thank the Minister and ...
Lord Kingsland | 712 c658 (Link to this contribution)
I, too, thank and congratulate the Government for the statement made this afternoon, and the signato...
Lord Bach | 712 c658-61 (Link to this contribution)
The amendments before us seek to address a very real problem. We have constantly said, and remain of...
Baroness Emerton | 712 c622 (Link to this contribution)
I rise not as a lawyer but as a nurse. I wish to say a few things that have not been said this eveni...
Lord Carlile of Berriew | 712 c622-5 (Link to this contribution)
I start with something that has not been said as yet. As someone who is opposed to the noble and lea...
Lord Joffe | 712 c627-9 (Link to this contribution)
I support this humane amendment because it is about preventing suffering—not the suffering of the te...
Lord Alton of Liverpool | 712 c629-30 (Link to this contribution)
I will be brief because I suspect that the feeling of the Committee is that we should now move quick...
Lord Neill of Bladen | 712 c625 (Link to this contribution)
I want to flag up a legal point. What do we know about this individual called D who appears in subse...
Baroness Flather | 712 c625-6 (Link to this contribution)
I would like to go back to the beginning. Only 115 people have gone to Switzerland: that is not a hu...
Lord Falconer of Thoroton | 712 c633-4 (Link to this contribution)
I am grateful to every Member of the Committee who has participated in this incredibly powerful deba...
Lord Bach | 712 c631-3 (Link to this contribution)
The Committee has been fortunate to have been able to listen to an outstanding debate on a matter of...
Lord Henley | 712 c631 (Link to this contribution)
I, too, will speak briefly from these Benches. I merely echo what the noble Lord, Lord Thomas of Gre...
Lord Thomas of Gresford | 712 c630 (Link to this contribution)
I rise merely to say that we on these Benches will vote individually. It will not surprise your Lord...
Lord Thomas of Gresford | 712 c661 (Link to this contribution)
Clause 60: Conspiracy
Amendment 177E
177E: Clause 60, page 36, leave out lines 34 and 35
Baroness D'Souza | 712 c661 (Link to this contribution)
My thanks go to all noble Lords who have spoken in support of the amendments, but particularly to th...
Lord Tunnicliffe | 712 c662-4 (Link to this contribution)
Amendment 177E would remove new subsection (16) of Section 1A of the Criminal Law Act 1977 inserted ...
Lord Thomas of Gresford | 712 c662 (Link to this contribution)
I speak also to Amendment 177F. I was intrigued to see a single clause dealing with conspiracy inser...
Lord Thomas of Gresford | 712 c664 (Link to this contribution)
I am grateful to the Minister for his careful reply. I shall have to look at one or two cases that i...
Lord Lloyd of Berwick | 712 c583 (Link to this contribution)
If the view of the Government is that this should apply only in extremely rare cases, why do they no...
Lord Campbell of Alloway | 712 c576 (Link to this contribution)
This is a question that troubled me for many years in my very humble position as a recorder. Is my n...
Lord Thomas of Gresford | 712 c588 (Link to this contribution)
Amendment 170
170: Clause 45, page 29, line 19, leave out paragraph (c)
Lord Low of Dalston | 712 c590-4 (Link to this contribution)
At the request of my noble friend Lady Murphy and with the permission of the Committee, I am moving ...
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