UK Parliament / Open data

Criminal Justice and Courts Bill

Lords committee stage fourth day (part one of two). Clauses 50, 53 to 64 agreed. Clauses 51 and 52 disagreed. Schedules 9 and 10 agreed. Clause 65 under consideration when House adjourned.
Type
Parliamentary proceeding
Reference
755 cc1421-1474 
Session
2014-15
Department
Ministry of Justice
Legislative stage
Committee stage
Chamber / Committee
House of Lords chamber
Legislative scrutiny: (1) Criminal justice and Courts Bill and (2) Deregulation Bill. Human Rights Joint Committee fourteenth report with formal minutes.
Wednesday, 14 May 2014
Parliamentary committees
House of Lords
House of Commons
Criminal Justice and Courts Bill 2013-14 to 2014-15. Brought from the Commons.
Wednesday, 18 June 2014
Bills
House of Lords
Criminal Justice and Courts Bill. Constitution Committee (HL) second report.
Wednesday, 2 July 2014
Parliamentary committees
House of Lords
Delegated Powers and Regulatory Reform Committee. third report.
Wednesday, 9 July 2014
Parliamentary committees
House of Lords
Proceeding contributions
Lord Beecham | 755 c1421 (Link to this contribution)

Moved by

Lord Beecham

69A: Clause 50, page 54, line 31, leave out “must” and insert “...

Lord Beecham | 755 cc1421-2 (Link to this contribution)

My Lords, the amendment is to Clause 50, which deals with the Government’s new provisions in resp...


Show all contributions (71)
Lord Faulks | 755 cc1423-4 (Link to this contribution)

My Lords, a wasted costs order transfers costs caused by the legal representative’s improper cond...

Lord Beecham | 755 c1424 (Link to this contribution)

I suppose that I should have declared an interest as a member of the Law Society, although I conf...

Lord Faulks | 755 cc1424-5 (Link to this contribution)

My Lords, I now turn to Clauses 51 and 52 and government Amendment 86. Clause 51 amends the Conte...

Lord Beecham | 755 cc1425-6 (Link to this contribution)

My Lords, as the noble Lord the Minister said, the Government have had second thoughts—somewhat b...

Lord Kennedy of Southwark | 755 c1426 (Link to this contribution)

Moved by

Lord Kennedy of Southwark

69B: Clause 53, page 56, line 35, leave out “but u...

Lord Kennedy of Southwark | 755 cc1426-8 (Link to this contribution)

My Lords, in moving Amendment 69B, I shall speak also to the other amendments in the group. I am ...

Lord Faulks | 755 cc1428-1431 (Link to this contribution)

My Lords, Clause 53 amends the Juries Act 1974, raising the upper age limit for jury service from...

Lord Carlile of Berriew | 755 c1431 (Link to this contribution)

I am grateful to my noble friend for giving way. I should declare the interest of having appeared...

Lord Faulks | 755 c1431 (Link to this contribution)

I am grateful to my noble friend for that intervention. Clearly this matter should be taken very ...

Lord Stoddart of Swindon | 755 c1431 (Link to this contribution)

May I say a word about the proposed age limit of 75 for serving on a jury? I had better declare m...

Lord Faulks | 755 c1432 (Link to this contribution)

I am grateful for the contribution of the noble Lord, Lord Stoddart, to the issue, which I entire...

Lord Ponsonby of Shulbrede | 755 c1432 (Link to this contribution)

From the point of view of the magistracy, where there is currently retirement at 70, it is the vi...

Lord Faulks | 755 c1432 (Link to this contribution)

I am grateful for that intervention. The noble Lord, Lord Ponsonby, makes a good point in the sen...

Lord Mackay of Clashfern | 755 c1432 (Link to this contribution)

I think that it is fair to say that the ultimate upper limit for judges is 75; that of course acc...

Lord Faulks | 755 c1432 (Link to this contribution)

I am grateful for that contribution. My noble and learned friend states the difficult issue very ...

Lord Kennedy of Southwark | 755 cc1432-3 (Link to this contribution)

My Lords, the noble Lord, Lord Stoddart, makes an important point about the age of jurors. Of cou...

Lord Woolf | 755 c1434 (Link to this contribution)

Moved by

Lord Woolf

70: Clause 64, page 64, line 35, leave out “must” and insert “may...

Lord Woolf | 755 cc1434-6 (Link to this contribution)

My Lords, there would have been a time when the noble Lord, Lord Pannick, could have been here, b...

Lord Faulks | 755 c1436 (Link to this contribution)

I am most grateful to the noble and learned Lord for giving way. I just want to clarify one thing...

Lord Woolf | 755 c1437 (Link to this contribution)

I am grateful to the Minister for drawing the attention of the Committee to that point. I am well...

Lord Carlile of Berriew | 755 cc1437-8 (Link to this contribution)

My Lords, I wish to make three short points in support of the noble and learned Lord, Lord Woolf....

Baroness Lister of Burtersett | 755 cc1438-9 (Link to this contribution)

My Lords, first, I apologise that I have not spoken on the Bill before, but I wanted to intervene...

Lord Brown of Eaton-under-Heywood | 755 cc1439-1441 (Link to this contribution)

My Lords, I support all the detailed amendments in this group but, more fundamentally, I support ...

Lord Marks of Henley-on-Thames | 755 cc1441-3 (Link to this contribution)

My Lords, I hope your Lordships will forgive me if, like other noble Lords, I preface what I say ...

Lord Davies of Stamford | 755 c1442 (Link to this contribution)

With great respect, I think that it may be our turn.

Lord Horam | 755 cc1442-5 (Link to this contribution)

I do not think that anyone on this side has spoken yet.

Everyone who has spoken so far has ...

Baroness Campbell of Surbiton | 755 cc1444-6 (Link to this contribution)

My Lords, I support all the amendments in this group, particularly Amendments 70, 71, 72 and 73 i...

Lord Davies of Stamford | 755 cc1446-8 (Link to this contribution)

My Lords, luckily, and happily, I think there is little danger of this debate becoming a closed s...

Baroness Butler-Sloss | 755 cc1448-9 (Link to this contribution)

My Lords, I recognise the points that were made on the other side of the House about delays and t...

Lord Hart of Chilton | 755 c1449 (Link to this contribution)

My Lords, I want to speak briefly. I was going to save myself until Report, but this afternoon I ...

Lord Pannick | 755 cc1449-1450 (Link to this contribution)

My Lords, I apologise to the noble and learned Lord, Lord Woolf, for missing the opening minutes ...

Lord Carswell | 755 cc1450-1 (Link to this contribution)

My Lords, in brief compass I will say, if I may, that I support the amendments and all that has b...

Lord Paddick | 755 cc1451-2 (Link to this contribution)

My Lords, I rise briefly to speak to this amendment. It will become apparent very quickly that I ...

Lord Mackay of Clashfern | 755 cc1452-5 (Link to this contribution)

My Lords, I, of course, have nothing like the width of experience that has been spoken of already...

Lord Davies of Stamford | 755 c1455 (Link to this contribution)

I am listening with great attention to what the noble and learned Lord is suggesting. Is he propo...

Lord Mackay of Clashfern | 755 c1455 (Link to this contribution)

If that were necessary. I regard it as something that could happen under the existing clause beca...

Lord Elystan-Morgan | 755 cc1455-6 (Link to this contribution)

The noble and learned Lord, Lord Mackay, makes the very proper point that there is ample preceden...

Baroness Deech | 755 cc1456-7 (Link to this contribution)

My Lords, I am not a practising lawyer, but I have experience of being judicially reviewed, and a...

Lord Beecham | 755 cc1457-9 (Link to this contribution)

My Lords, this has been, as ever, a very well informed and interesting debate, and it has been pa...

Lord Faulks | 755 cc1458-1461 (Link to this contribution)

My Lords, this has, correctly, been a lengthy debate, in which views have been expressed by a num...

Lord Beecham | 755 c1461 (Link to this contribution)

My Lords, would the case that the noble Lord has just outlined not be one in which the decision b...

Lord Faulks | 755 c1461 (Link to this contribution)

It might or might not be “inevitable”, but we suggest “highly likely” would ensure that it would ...

Lord Davies of Stamford | 755 c1461 (Link to this contribution)

I am grateful to the Minister for giving way. Does he accept that his remarks in his last few sen...

Lord Faulks | 755 cc1461-4 (Link to this contribution)

I think that is very much the same comment the noble Lord, Lord Beecham, made, although expressed...

Lord Pannick | 755 c1464 (Link to this contribution)

Could the Minister clarify the Government’s position on the point that I understood was raised by...

Lord Faulks | 755 c1464 (Link to this contribution)

I was going to come on to this, but it is a highly pertinent point. The position as I understand ...

Lord Marks of Henley-on-Thames | 755 c1464 (Link to this contribution)

May I press my noble friend the Minister a little further on that? As I read the clause as drafte...

Lord Faulks | 755 c1464 (Link to this contribution)

I do not think that I can expand much on my previous answer. If it makes no difference, it is

...
Lord Davies of Stamford | 755 c1465 (Link to this contribution)

The Minister seeks to make a distinction between the court’s ability to grant relief and its abil...

Lord Faulks | 755 c1465 (Link to this contribution)

I am grateful to the noble Lord, but with very great respect I think that we are going over the s...

Lord Woolf | 755 c1465 (Link to this contribution)

Would the Minister be grateful for a copy of De Smith?

Lord Faulks | 755 cc1465-6 (Link to this contribution)

The case is George v Secretary of State for the Environment. I omitted one or two pages of my spe...

Baroness Lister of Burtersett | 755 c1466 (Link to this contribution)

The noble Lord has not responded to a very specific question from my noble friend Lord Beecham, w...

Lord Faulks | 755 c1467 (Link to this contribution)

I am glad to have that intervention from the noble Baroness. In fact, it reminds me that I did no...

Lord Woolf | 755 c1467 (Link to this contribution)

My Lords, I am grateful to the Minister for the careful way in which he has sought to reply to th...

Lord Faulks | 755 c1467 (Link to this contribution)

I am sorry to interrupt but I do not want to raise expectations inappropriately. I think that the...

Lord Woolf | 755 cc1467-8 (Link to this contribution)

One has at least to be thankful for small mercies, even if, in your view, they do not go nearly f...

Lord Beecham | 755 c1468 (Link to this contribution)

I am not entirely clear about the Minister’s position in relation to the process. Assuming that t...

Lord Faulks | 755 c1469 (Link to this contribution)

An applicant now may fail at the permission stage if the outcome would be inevitable, given the p...

Baroness Fookes | 755 c1469 (Link to this contribution)

Would the mover of the amendment confirm that he is seeking leave to withdraw it?

Lord Beecham | 755 c1469 (Link to this contribution)

Moved by

Lord Beecham

73F: Clause 65, page 66, line 9, leave out from “specified” to ...

Lord Beecham | 755 cc1469-1472 (Link to this contribution)

My Lords, the amendments in this group essentially stem from the third report of the Delegated Po...

Lord Marks of Henley-on-Thames | 755 cc1472-3 (Link to this contribution)

My Lords, I have not proposed any amendments to Clause 65, but I fully support what the noble Lor...

Baroness Anelay of St Johns | 755 c1473 (Link to this contribution)

My Lords, I think that the noble Baroness, Lady Campbell of Surbiton, might wish to speak.

Baroness Campbell of Surbiton | 755 c1473 (Link to this contribution)

My Lords, I wish to add my voice to that of the noble Lord, Lord Beecham. Under these provisions,...

Baroness Anelay of St Johns | 755 cc1473-4 (Link to this contribution)

My Lords, it is unusual for the Chief Whip to intervene at this moment, just before the Minister ...

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