HL Deb 20 November 2003 vol 654 cc2063-5

34 Leave out Clause 43

The Commons insist on their disagreement to this amendment but propose the following amendments to the words so restored to the Bill—

34D Page 29, leave out lines 21 to 23 and insert "both of the following two conditions are fulfilled"

34E Page 29, line 26, after second "is" insert "evidence of a"

34F Page 29, line 28, leave out subsection (5)

34G Page 29, line 33, leave out "third" and insert "second"

34H Page 29, line 37, at end insert—

"(7) The following are examples of cases where there may be evidence of a real and present danger that jury tampering would take place—

  1. (a) a case where the trial is a retrial and the jury in the previous trial was discharged because jury tampering had taken place,
  2. (b) a case where jury tampering has taken place in previous criminal proceedings involving the defendant or any of the defendants,
  3. (c) a case where there has been intimidation, or attempted intimidation, of any person who is likely to be a witness in the trial "

Baroness Scotland of Asthal

My Lords, I beg to move that the House do not insist on its Amendment No 34 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 34D to 34H to the words so restored to the Bill.

The provisions are well known to your Lordships— I have previously fully explained the issues that are between us. They relate to the jury tampering provisions We believe that that is a mischief that needs to be rectified I beg to move.

Moved, that the House do not insist on its Amendment No. 34 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 34D to 34H to the words so restored to the Bill. —(Baroness Scotland of Asthal.)

34I Lord Hunt of Wirral rose to move, as an amendment to the Motion that the House do not insist on its Amendment No 34 in respect of which the Commons have insisted on their disagreement, and do agree with the Commons in their Amendments Nos. 34D to 34H to the words so restored to the Bill, at end insert "and do propose the following further amendment to the words so restored to the Bill—

34J Clause 43, page 29, line 35, leave out "sufficiently high" and insert "so substantial as"

The noble Lord said: We are all agreed that jury tampering is an evil that must be dealt with effectively. It was therefore with considerable pleasure that I looked at the amendments that the Minister put before us this morning, with which we agreed. I have now tabled the Minister's amendments. If she is unable to accept them, I would love to hear why she has changed her mind.

Moved, as an amendment to the Motion that the House do not insist on its Amendment No. 34 in respect of which the Commons have insisted on their disagreement, and do agree with the Commons in their Amendments Nos. 34D to 34H to the words so restored to the Bill, at end insert "and do propose Amendment No. 34J to the words so restored to the Bill".—(Lord Hunt of Wirral)

Baroness Scotland of Asthal

My Lords, my right honourable friend the Home Secretary and I were delighted that the noble Lords opposite had accepted that we had done everything proper in these amendments to meet their concerns. However, we had hoped and desired that they would have done the same with all our suggestions.

The Deputy Speaker (Lord Brougham and Vaux)

My Lords, the original Question was that the House do not insist on its Amendment No. 34, and do agree with the Commons in their Amendments Nos. 34D to 34H, since when the present Amendment No. 341 has been moved, at end insert "and do propose Amendment No. 34J to the words so restored to the Bill". As many as are of that opinion will say, "Content". To the contrary, "Not-Content". Clear the Bar.

Division called.

The Deputy Speaker

My Lords, I shall repeat the Question: as many as are of that opinion shall say "Content". To the contrary, "Not-Content".

Noble Lords

Content.

The Deputy Speaker

The Contents have it.

On Question, amendment agreed to.

Motion, as amended, agreed to.