Passage of The Coroners & Justice Bill through Parliament:
House of Commons
14 Jan Commons First Reading:
Cover Page statement: 'SecretaryJack Straw has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Coroners and Justice Bill are compatible with the Convention rights.'
Pertinent clause: Part 2 'Criminal Offences', Chapter 3 'Other Offences', Clause 58 'Hatred against persons on grounds of sexual orientation':
Precise text: 'In Part 3A of the Public Order Act 1986 (c.64) (hatred against persons on grounds of sexual orientation etc), omit section 29JA (protection for discussion or criticism of sexual conduct etc).'
26 Jan Commons Second Reading:
Pertinent Debate: Please refer to Columns 36-37 & 51-54
Commons Committee Stage:
03 Feb First Sitting
03 Feb Second Sitting
05 Feb Third Sitting
05 Feb Fourth Sitting
10 Feb Fifth Sitting
10 Feb Sixth Sitting
24 Feb Seventh Sitting
24 Feb Eighth Sitting
26 Feb Ninth Sitting
26 Feb Tenth Sitting
03 March Eleventh Sitting
03 March Twelfth Sitting
Pertinent clause: New Clause 36 'Guidance on offences involving hatred on grounds of sexual orientation'
Amendment tabled by Edward Garnier QC (Cons MP, Harborough), Henry Bellingham MP (Cons, North West Norfolk), Jeremy Wright MP (Cons, Rugby and Kenilworth), and James Gray MP (Cons, North Wiltshire), to omit Clause 58.
Alternative New Clause 36 tabled by Jenny Willott MP (Lib Dem,Cardiff Central), and David Howarth (Lib Dem, Cambridge).
After comments by Maria Eagle, Minister for Women & Equality (and MP for Liverpool, Garston) -that the threshold for offence was very high, that the CPS would issue guidance to prosecutors, the Association of Chief Police Officers would review its hate crime manual, and “it is not for us to issue operational guidance as a Department” -it was a matter for the Police and CPS, the amendment was not pressed and it was agreed that Clause 58 would be retained by 11 Ayes to 3 Noes.
Precise text: (of New Clause 36) ‘(1) The Secretary of State must issue guidance explaining the operation of the offences under Part 3A of the Public Order Act 1986 (c. 64) that involve hatred on the grounds of sexual orientation.
(2) When considering whether to consent to a prosecution for an offence falling within subsection (1), the Attorney General must have particular regard to—
(a) guidance issued under subsection (1), and
(b) the importance of the rights to freedom of expression, freedom of thought, conscience and religion, respect for private and family life and freedom of assembly and association provided by the European Convention on Human Rights.’.
Pertinent debate: Please refer to columns 493-500
05 March Thirteenth Sitting
05 March Fourteenth Sitting
10 March Fifteenth Sitting
10 March Sixteenth Sitting
Bill as amended in Committee:
Pertinent clause: Part 2 'Criminal Offences', Chapter 3 'Other Offences', Clause 58 'Hatred against persons on grounds of sexual orientation':
Precise text: 'In Part 3A of the Public Order Act 1986 (c.64) (hatred against persons on grounds of sexual orientation etc), omit section 29JA (protection for discussion or criticism of sexual conduct etc).'
Commons Report Stage:
23 March First Day:
Pertinent Debate: Please refer to Point of Order in Columns 139-140
Notes: First Day Debate up to Clause 36 -not pertinent bar above
24 March Second Day:
Pertinent clause and amendment: Amendment 1 proposed by David Taylor (Lab/Co-op, NW Leics) to remove Clause 58 defeated by 174 ayes to 328 noes (Division 84)
New Clause 11 'Guidance on offences that involve hatred on ground of sexual orientation' read for first time, proposed by David Howarth (Lib Dem, Cambridge).
Clause 11 withdrawn by David Howarth following offer by The Parliamentary Under-Secretary of State for Justice Bridget Prentice (Lab, Lewisham East) (Column 201) for him to meet with the Director of Public Prosecutions to discuss whether it would be appropriate to make guidance statutory, and reassurances from the Under-Secretary of State that firstly, The Ministry of Justice will provide short explanatory guidance about the offence; secondly, The Crown Prosecution Service will issue guidance for prosecutors, and thirdly, that the Association of Chief Police Officers will revise its hate crime manual to include guidance on all incitement to hatred offences. An undertaking is given that the guidance will be available before the offence comes into force.
Precise text: (of Clause 11)'(1) The Director of Public Prosecutions, in consultation with the Attorney General, must issue guidance to prosecutors explaining the operation of the offences under Part 3A of the Public Order Act 1986 (c. 64) that involve hatred on the grounds of sexual orientation.
(2) Chief constables must ensure that the contents of the guidance to prosecutors under subsection (1) are made known, in an appropriate form, to officers in their force.
(3) When considering whether to consent to a prosecution for an offence falling within subsection (1), the Attorney General must have particular regard to-
(a) guidance issued under subsection (1), and
(b) the importance of the rights to freedom of expression, freedom of thought, conscience and religion, respect for private and family life and freedom of assembly and association provided by the European Convention on Human Rights.'.
Pertinent Debate: Please refer to Columns 188 to 204
24 March Commons Third Reading:
Pertinent Debate: Please refer to Columns 271-272
Notes: Text of Third Reading Debate starts from Column 260 (9.14pm). Not pertinent bar above.
House of Lords
25 March Lords First Reading:
Cover page statement: 'Lord William Bach (Lab) has made the following statement under section 19(1)(a) of The Human Rights Act 1998: In my view the provisions of the Coroners and Justice Bill are compatible with the Convention Rights.'
Relevant section: Part 2 Criminal Offences, Chapter 3 Other Offences, Clause 61 Hatred against persons on grounds of sexual orientation
Precise text: 'In Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on grounds of sexual orientation etc), omit section 29JA (protection for discussion or criticism of sexual conduct etc).'
Notes: Clause 58 has become Clause 61
18 May Lords Second Reading:
Pertinent Debate: Please refer to Columns 1220, 1223-1226, 1246, 1259, 1264-1265, 1274 & 1279.
Lords Committee Stage:
09 June First Sitting:
Notes: Clause 5 Amendment 7 to Clause 7 Amendment 14. Not pertinent.
10 June Second Sitting:
Notes: Clause 7 Amendment 15 to Clause 15. Not pertinent.
23 June Third Sitting
30 June Fourth Sitting
07 July Fifth Sitting
09 July Sixth Sitting
13 July Seventh Sitting
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