HL Deb 20 November 2003 vol 654 cc2065-6

36 Clause 45, Leave out Clause 45

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

36D Clause 45, page 31, line 5, leave out "(or partly because)"

36E Clause 45, page 31, line 12, leave out "must" and insert "may"

36F Clause 45, page 31, line 12, after second "jury" insert "if, but only if, he is satisfied—

  1. (a) that jury tampering has taken place, and
  2. (b) that to continue the trial without a jury would be fair to the defendant or defendants"

36G Clause 45, page 31, leave out lines 19 to 21 and insert "both of the conditions set out in section 43 are likely to be fulfilled"

Baroness Scotland of Asthal

My Lords, I beg to move that the House do not insist on its Amendment No. 36 and do agree with the Commons in their Amendments Nos. 36D to 36G. I have spoken to this amendment with Amendment No. 34. I wish to make it plain that I find the amendments that the noble Lord, Lord Hunt, will move, which were originally mine, as delightful as I did when they were drafted.

Moved, That the House do not insist on its Amendment No. 36 and do agree with the Commons in their Amendments Nos. 36D to 36G.—(Baroness Scotland of Asthal.)

Lord Hunt of Wirral

My Lords, I wish to respond by moving the amendments that are consequential on those that the Government have just conceded. With great pleasure, we welcome these amendments; they were originally tabled by the Government, and are now in the name of my honourable friend.

On Question, Motion agreed to.