HL Deb 28 June 1996 vol 573 cc1203-4

(".—(1) It is unlawful for a person to stalk another person.

(2) A claim by a person that another person has acted unlawfully under this section may be made subject to a non-molestation order as defined in section 3(1)(b) below.").

On Question, amendment agreed to.

Clause 2, as amended, agreed to.

Clause 3 [Prohibitory orders, etc.]:

Lord McIntosh of Haringey moved Amendments Nos. 4 to 21: Page 2, line 9, leave out ("section") and insert ("Act"). Page 2, line 10, after second ("Court") insert (", County Court or High Court"). Page 2, line 11, leave out ("prohibitory") and insert ("non-molestation"). Page 2, line 14, leave out ("prohibitory") and insert ("non-molestation"). Page 2, line 16, after ("believes") insert ("and provides evidence that"). Page 2, line 18, leave out ("another person") and insert ("a constable, employee of the Crown Prosecution Service or solicitor"). Page 2, line 22, leave out subsection (3) and insert— ("(3) The court may in any case where it considers that it is just and convenient to do so, make a non-molestation order even though the respondent has not been given notice of such proceedings as would otherwise be required by the rules of the court. (3A) If a court makes an order by virtue of sub-section (1) it must afford the respondent an opportunity to make representations relating to the order as soon as just and convenient at a full hearing."). Page 2, line 27, leave out subsections (4) and (5). Page 2, line 27, leave out ("prohibitory") and insert ("non-molestation"). Page 2, line 33, leave out ("prohibitory") and insert ("non-molestation"). Page 2, leave out lines 34 and 35 and insert ("regard to all the circumstances including—

  1. (a) the safety of the applicant;
  2. (b) any risk of significant harm to the applicant attributable to the conduct of the respondent, if the order is not made immediately; and
  3. (c) whether it is likely that the applicant will be deterred or prevented from pursuing the application if an order is not made immediately.").
Page 2, line 36, leave out ("prohibitory") and insert ("non-molestation"). Page 2, line 38, leave out ("prohibitory") and insert ("non-molestation"). Page 2, line 45, leave out ("prohibitory") and insert ("non-molestation"). Page 3, line 2, leave out ("prohibitory") and insert ("non-molestation"). Page 3, line 4, leave out ("prohibitory") and insert ("non-molestation"). Page 3, line 5, at end insert— ("( ) A non-molestation order may be additional to other tort relief."). Page 3, line 6, leave out subsections (13) and (14).

On Question, amendments agreed to.

Clause 3, as amended, agreed to.

Lord McIntosh of Haringey moved Amendment No. 22: After Clause 3, insert the following new clause—