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("(a) a person by whom the offence is alleged to have been committed; or
(b) if this paragraph applies to the publication in question by virtue of subsection (4A)--
(i) a person against or in respect of whom the offence is alleged to have been committed, or
(ii) a person who is alleged to have been a witness to the commission of the offence;
except that paragraph (b)(i) does not include a person in relation to whom section 1 of the Sexual Offences (Amendment) Act 1992 (anonymity of victims of certain sexual offences) applies in connection with the offence.
(4A) Subsection (4)(b) applies to a publication if--
(a) where it is a relevant programme, it is transmitted, or
(b) in the case of any other publication, it is published,
on or after such date as may be specified in an order made by the Secretary of State.").

26 Jul 1999 : Column 1335


18

Clause 44, page 33, line 13, leave out ("when a minor").


19

Page 33, leave out lines 40 to 42.


20

Clause 49, page 39, line 27, leave out subsection (9) and insert--


("(8A) In this section--
"an appropriate person" means (subject to subsections (8B) to (8D))--
(a) in England and Wales or Northern Ireland, a person who is a parent or guardian of the protected person, or
(b) in Scotland, a person who has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to the protected person;
"guardian", in relation to the protected person, means any person who is not a parent of the protected person but who has parental responsibility for the protected person within the meaning of--
(a) (in England and Wales) the Children Act 1989, or
(b) (in Northern Ireland) the Children (Northern Ireland) Order 1995.
(8B) Where the protected person is (within the meaning of the Children Act 1989) a child who is looked after by a local authority, "an appropriate person" means a person who is--
(a) a representative of that authority, or
(b) a parent or guardian of the protected person with whom the protected person is allowed to live.
(8C) Where the protected person is (within the meaning of the Children (Northern Ireland) Order 1995) a child who is looked after by an authority, "an appropriate person" means a person who is--
(a) an officer of that authority, or
(b) a parent or guardian of the protected person with whom the protected person is allowed to live.
(8D) Where the protected person is (within the meaning of section 17(6) of the Children (Scotland) Act 1995) a child who is looked after by a local authority, "an appropriate person" means a person who is--
(a) a representative of that authority, or
(b) a person who has parental responsibilities (within the meaning of section 1(3) of that Act) in relation to the protected person and with whom the protected person is allowed to live.").
21

Page 39, line 43, leave out ("subsection (9)") and insert ("subsections (8A) to (8D)").


22

Clause 51, page 40, line 43, leave out ("meaning given by section 49(9)") and insert ("same meaning as it has for the purposes of section 49").


23

Clause 52, page 41, line 8, after ("not") insert ("a person who is").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 17 to 23.

Moved, That the House do agree with the Commons in their Amendments Nos. 17 to 23.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

26 Jul 1999 : Column 1336

COMMONS AMENDMENT

24

After Clause 58, insert the following new clause--

REMOVAL OF RESTRICTION ON USE OF EVIDENCE FROM COMPUTER RECORDS

(". Section 69 of the Police and Criminal Evidence Act 1984 (evidence from computer records inadmissible unless conditions relating to proper use and operation of computer shown to be satisfied) shall cease to have effect.").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 24. I speak also to Amendments Nos. 40, 42 to 48, and 50 to 52.

The amendments seek to implement the recommendation of the Law Commission that Section 69 of the Police and Criminal Evidence Act 1984 should be repealed. Amendments Nos. 42 to 48 and 50 to 52 are simply consequential.

Section 69 of the Police and Criminal Evidence Act--PACE--provides that a document produced by a computer may not be adduced as evidence unless it is shown that the computer was operating properly and was not used improperly.

There have been enormous advances in computer technology and networking in recent years. That has made Section 69 an increasingly difficult hurdle for either defence or prosecution to overcome. The burdens on business in providing Section 69 certificates for criminal trials and releasing members of staff to attend court to give evidence are believed to be significant.

The Law Commission concluded that the present law served no useful purpose. It recommended that the provision should be repealed without replacement. The vast majority of those who responded to the consultation agreed that if a law has no useful purpose--or if this part does not--it ought to be repealed. I beg to move.

Moved, That the House do agree with the Commons in their Amendment No. 24.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

25

Clause 62, page 45, line 39, leave out ("or 41(2)") and insert (", 41(2) or 43(4A)").


26

Clause 64, page 46, line 26, at end insert--


("(3) Until the day appointed under section 3 of the Northern Ireland Act 1998 for the commencement of Parts II and III of that Act this section shall have effect with the substitution for subsection (1) of the following--
"(1) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to the purposes of any of the relevant provisions of this Act--
(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament."").

26 Jul 1999 : Column 1337


27

Clause 66, page 46, line 35, at end insert--


("( ) For the purposes of the Scotland Act 1998, any provision of this Act which extends to Scotland shall be taken to be a pre-commencement enactment within the meaning of that Act.").
28

Page 47, line 34, leave out subsection (10).


29

Schedule 1, page 50, line 9, leave out ("sentences") and insert ("deals with").


30

Page 51, line 8, leave out ("those paragraphs") and insert ("paragraphs 11 and 12").


31

Schedule 2, page 59, line 24, leave out from beginning to ("paragraph") in line 27 and insert--


("13.--(1) Section 7 (application of Act to courts-martial) is amended as follows.
(2) In subsection (1) (Act to apply with modifications where in pursuance of armed forces law a person is charged with an offence to which the Act applies), after "applies" insert "by virtue of section 2(1)".
(3) In subsection (2) (modifications with which Act applies to courts-martial)--
(a) omit paragraph (b);
(b) for paragraph (c) substitute--
"(c) in section 3(1) any reference to a judge, in relation to the person charged with the offence, shall be read as a reference to the judge advocate appointed to conduct proceedings under section 3(1) relating to the offence (whether or not also appointed to conduct other preliminary proceedings relating to the offence)";
(c) in paragraph (d), for "court" substitute "judge advocate appointed to be a member of the court-martial"; and
(d) omit").
32

Schedule 3, page 61, line 40, at end insert--


("( ) an offence which is--
(i) created by regulations made under any such rules, and
(ii) designated for the purposes of this subsection by such regulations;").
33

Page 61, line 41, after ("section") insert ("1,").


34

Page 61, line 42, leave out ("otherwise than in judicial proceedings").


35

Page 62, line 18, at end insert--


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