| Previous Section | Back to Table of Contents | Lords Hansard Home Page |
Ampthill, L.
Anelay of St Johns, B.
Astor of Hever, L.
Biffen, L.
Blood, B.
Bridgeman, V.
Caithness, E.
Campbell of Alloway, L.
Carlisle of Bucklow, L.
Chalfont, L.
Coe, L.
Craig of Radley, L.
Denham, L.
Dixon-Smith, L.
Dundee, E.
Eden of Winton, L.
Feldman, L.
Fookes, B.
Fowler, L.
Glentoran, L.
Greenway, L.
Griffiths of Fforestfach, L.
Hooper, B.
Howe of Aberavon, L.
Jenkin of Roding, L.
Kilclooney, L.
Kingsland, L.
Laird, L. [Teller]
Lucas, L.
Lyell, L.
McColl of Dulwich, L.
Maginnis of Drumglass, L. [Teller]
Miller of Hendon, B.
Molyneaux of Killead, L.
Monson, L.
Moynihan, L.
Naseby, L.
Norton of Louth, L.
Park of Monmouth, B.
Plumb, L.
Plummer of St. Marylebone, L.
Saltoun of Abernethy, Ly.
Seccombe, B.
Skelmersdale, L.
Wilcox, B.
Addington, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Amos, B. (Lord Privy Seal)
Andrews, B.
Archer of Sandwell, L.
Ashton of Upholland, B.
Avebury, L.
Bach, L.
Barker, B.
Bassam of Brighton, L.
Berkeley, L.
Bernstein of Craigweil, L.
Blackstone, B.
Bledisloe, V.
Boothroyd, B.
Borrie, L.
Bradshaw, L.
Bragg, L.
Brooke of Alverthorpe, L.
Brookman, L.
Burlison, L.
Campbell-Savours, L.
Carter, L.
Chorley, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Condon, L.
Corbett of Castle Vale, L.
Crawley, B.
Dahrendorf, L.
David, B.
Davies of Oldham, L. [Teller]
Desai, L.
Dholakia, L.
Dixon, L.
Dubs, L.
Evans of Temple Guiting, L.
Ezra, L.
Falconer of Thoroton, L. (Lord Chancellor)
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Filkin, L.
Gale, B.
Gibson of Market Rasen, B.
Golding, B.
Goldsmith, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Grantchester, L.
Grocott, L. [Teller]
Hamwee, B.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Hayman, B.
Hilton of Eggardon, B.
Hooson, L.
Howarth of Breckland, B.
Howells of St. Davids, B.
Hoyle, L.
Hunt of Kings Heath, L.
Hylton, L.
Jordan, L.
Judd, L.
King of West Bromwich, L.
Lea of Crondall, L.
Linklater of Butterstone, B.
Lipsey, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Masham of Ilton, B.
Massey of Darwen, B.
Merlyn-Rees, L.
Methuen, L.
Miller of Chilthorne Domer, B.
Morgan, L.
Morris of Manchester, L.
Newby, L.
Northover, B.
Oakeshott of Seagrove Bay, L.
Palmer, L.
Paul, L.
Pendry, L.
Pitkeathley, B.
Ponsonby of Shulbrede, L.
Puttnam, L.
Ramsay of Cartvale, B.
Rea, L.
Redesdale, L.
Rendell of Babergh, B.
Rennard, L.
Richard, L.
Roll of Ipsden, L.
Rooker, L.
Roper, L.
Russell, E.
Sainsbury of Turville, L.
Scotland of Asthal, B.
Sewel, L.
Sharp of Guildford, B.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Steel of Aikwood, L.
Stone of Blackheath, L.
Strabolgi, L.
Tanlaw, L.
Taverne, L.
Temple-Morris, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Triesman, L.
Turner of Camden, B.
Walmsley, B.
Walpole, L.
Warner, L.
Warwick of Undercliffe, B.
Whitaker, B.
Whitty, L.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Resolved in the negative and amendment disagreed to accordingly.
On Question, Motion agreed to.
Baroness Scotland of Asthal: My Lords, I beg to move that the Bill be now further considered on Report.
Moved, That the Bill be further considered on Report.—(Baroness Scotland of Asthal.)
On Question, Motion agreed to.
Clause 8 [Restraining orders]:
[Amendments Nos. 38 to 40 not moved.]
Baroness Scotland of Asthal moved Amendment No. 41:
The noble Baroness said: My Lords, in moving this amendment, I shall speak also to government Amendments Nos. 101, 117, 124 and 125, which stand in my name.
We have debated at length the provisions in the Bill that relate to restraining orders. These orders will give continued protection from harassment following a conviction or acquittal for any offence where the court considers it necessary to make the order to protect a person from harassment.
The Government believe that the same degree of protection should exist in Northern Ireland as in England and Wales. That is why we have tabled Amendment No. 41, which would extend the provisions in Article 7 of the Protection from Harassment (Northern Ireland) Order 1997 to allow for restraining orders to be made on acquittal as well as on conviction, and will apply these to all offences, not just those under the 1997 order. These provisions replicate for Northern Ireland the provisions of Clause 8, which apply only to England and Wales. Amendments Nos. 101, 117, 124 and 125 are all consequential on that change. I beg to move.
Baroness Anelay of St Johns moved, as an amendment to Amendment No. 41, Amendment No. 41A:
The noble Baroness said: My Lords, in moving this amendment, I shall speak also to Amendments Nos. 41B to 41E, if only to explain why at this stage I will not be pursuing them. As the Minister herself said, we had an extensive debate on Tuesday evening with regard to the application of these provisions to England. The Government's amendment, Amendment No. 41, replicates those provisions for Northern Ireland.
When the Government brought forward the clause in Grand Committee, in which noble Lords may not vote, I made it clear that I would be grateful if the noble Baroness would withdraw the government amendment at that stage, simply because it had been tabled so late in the day that it had not been possible to take soundings from my colleagues in another place and from organisations in Northern Ireland.
As with a previous clause relating to Northern Ireland, there are still some concerns about the clause. However, on Tuesday evening, when we debated the provision applying to England, I took the opportunity to test the opinion of the House, as I believed that it would be better to have clarity about the burden of proof in the Bill. In testing the opinion of the House at 10 o'clock on Tuesday night, I found that the troops were not around, and I lost the Division. It would be churlish of me to have a go today on the Northern Ireland provision, when the House had signified its dissent from my view on Tuesday evening. I shall beg leave to withdraw the amendment.
3.17 p.m.
After Clause 8, insert the following new clause—
"RESTRAINING ORDERS: NORTHERN IRELAND
(1) In Article 7 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) (power to make restraining order where defendant convicted of offence under Article 4 or 6 of that Order), in paragraph (1) omit "under Article 4 or 6".
(2) After paragraph (4) of that Article insert—
"(4A) Any person mentioned in the order is entitled to be heard on the hearing of an application under paragraph (4)."
(3) After that Article insert—
"7A RESTRAINING ORDERS ON ACQUITTAL
(1) A court before which a person ("the defendant") is acquitted of an offence may, if it considers it necessary to do so to protect a person from harassment by the defendant, make an order prohibiting the defendant from doing anything described in the order.
(2) In proceedings under this Article both the prosecution and the defence may lead, as further evidence, any evidence that would be admissible in proceedings for an injunction under Article 5.
(3) Paragraphs (3) to (6) of Article 7 apply to an order under this Article as they apply to an order under that one.
(4) Where the Court of Appeal allow an appeal against conviction they may remit the case to the Crown Court to consider whether to proceed under this Article.
(5) Where—
(a) a county court allows an appeal against conviction, or
(b) a case is remitted to the Crown Court under paragraph (4),
the reference in paragraph (1) to a court before which a person is acquitted of an offence is to be read as referring to that court.
(6) A person made subject to an order under this Article has the same right of appeal against the order as if—
(a) he had been convicted of the offence in question before the court which made the order, and
(b) the order had been made under Article 7.""
Line 13, leave out "considers it" and insert "is satisfied on the basis of facts proved on a balance of probabilities that it is"
Next Section
Back to Table of Contents
Lords Hansard Home Page