HC Deb 18 November 1976 vol 919 cc1686-7
Mr. Deputy Speaker

The next amendment is Lords Amendment No. 6, with which we may take Amendments Nos. 7 and 8.

Lords amendment:No. 6, in page 6, line 22, at end insert: ; or (d) a bill of indictment charging him with a rape offence is preferred before a court in which he may lawfully be indicted for the offence.".

Mr. Corbett

I beg to move, That this House doth agree with the Lords in the said amendment.

These amendments, which arise out of an undertaking given on Report by the Minister of State to the hon. Member for Birmingham, Handsworth (Mr. Lee), include in the definition in Clause 4, of the time at which a person is to be regarded as being accused of a rape offence, a reference to voluntary bills of indictment.

The first amendment achieves this purpose by adding to the definition in Clause 4(6) a new paragraph (d) relating to bills of indictment, and the two other amendments are consequential changes in Clause 5(1)(e) and Clause 6(6)(a).

Mr. Lawrence

My intervention is almost in the form of a question. 1 cannot see for the life of me why it is necessary to have Amendment No. 6, which inserts in the Bill for the fourth time words saying that a person has been accused of rape, when a bill of indictment charging him with the rape offence is preferred before a court in which he may be indicted for the offence. Surely that is a situation that is swallowed up in paragraph (b), and a person cannot appear before a court charged with a rape offence unless there has been a committal, an information or a bill of indictment.

This seems to be another example of the sort of verbiage that we keep churning out in this place and putting into Bills to add absolutely meaningless and useless words.

Question put:

The House proceeded to a Division

Mr. Michael McGuire (Ince) (seated and covered)

On a point of order, Mr. Deputy Speaker. Is it not an abuse of the procedures of the House for the hon. and learned Member for Ruislip-Northwood (Mr. Crowder), who on the last occasion could not find a Teller, to abuse and waste the time of hon. Members? Do you not have powers to collect the voices and to give the Question to the Ayes in this case?

Mr. Deputy Speaker

I have no power to do anything until I have collected the voices, which indeed I did on the last occasion.

Mr. Crowder

I naturally accede—

Mr. Deputy Speaker

Order. The hon. and learned Member must be seated and covered if he wishes to speak We are in the process of a Division.

Mr. Crowder (seated and covered)

Naturally, I withdraw.

Question accordingly agreed to.

Remaining Lords amendments agreed to.

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