Policing and Crime Bill — Report (3rd Day) — 12 Dec 2016 at 20:15

Moved by Lord Marks of Henley-on-Thames

187B: After Clause 152, insert the following new Clause-“Evidence about complainant’s sexual history(1) The Secretary of State shall within six months of the day on which this section comes into force, publish a report on the operation of section 41 of the Youth Justice and Criminal Evidence Act 1999 (restriction on evidence or questions about complainant’s sexual history).(2) The report shall, in particular, include information regarding-(a) the number of applications made for leave in accordance with subsection 41(2) of the Act;(b) the number of such applications granted;(c) the number of such applications refused;(d) the number of prosecutions not proceeded with because of the victim’s concerns as to an application for leave;and to the extent numerical information is not available, as full information as possible regarding such matters.(3) The report may include proposals for the amendment or repeal of section 41 of the Act.”

Moved by Baroness Hamwee

187C: Clause 155, page 180, line 2, at end insert-“( ) The Secretary of State shall, within twelve months of the passing of this Act, undertake a consultation with regard to senior coroners’ duties to conduct inquests into the death of persons deprived of liberty under section 4A(3) or (5) or 4B of the Mental Capacity Act 2005.”

Moved by Baroness Brinton

188: After Clause 155, insert the following new Clause-“Police observance of the Victims’ Code: enforcement(1) The Parliamentary Commissioner Act 1967 is amended as follows.(2) In section 5(1B) omit from “by” to “sections 35”.(3) After section 5(1B) insert-“(1BA) Subsection (1C) applies if a written complaint is made to the Commissioner by a member of the public who claims that-(a) a police officer;(b) a police service employee other than a police officer; or(c) another person determined under section (1BC);has failed to perform a Code duty owed by him to the member of the public. (1BB) For the purposes of subsection (1BA) a Code duty is a duty imposed by a code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004 (code of practice for victims).(1BC) The Secretary of State may by regulations made by statutory instrument amend the categories of person identified in subsection (1BA) as the Secretary of State thinks fit.”(4) In section 5(4A), after “(1A)” insert “or (1BA)”.(5) In section 6(3), at beginning insert “Except as provided in subsection (3A)”.(6) After section 6(3) insert-“(3A) Subsection (3) shall apply in relation to a complaint under section 5(1BA) as if for “a member of the House of Commons” there were substituted “the Commissioner”.”(7) In section 7(1A), after “5(1A)” insert “or 5(1BA)”.(8) In section 8(1A), after “5(1A)” insert “or 5(1BA)”.(9) After section 10(2A) insert-“(2B) In any case where the Commissioner conducts an investigation pursuant to a complaint under section 5(1BA) of this Act, he shall send a report of the results of the investigation to-(a) the person to whom the complaint relates,(b) the principal officer of the department or authority concerned and to any other person who is alleged in the relevant complaint to have taken or authorised the action complained of, and(c) the Commissioner for Victims and Witnesses appointed under section 48 of the Domestic Violence, Crime and Victims Act 2004 (commissioner for victims and witnesses).”(10) After section 10(3B) insert-“(3C) If, after conducting an investigation pursuant to a complaint under section 5(1BA) of this Act, it appears to the Commissioner that-(a) the person to whom the complaint relates has failed to perform a Code duty owed by him to the person aggrieved, and(b) the failure has not been, or will not be, remedied, the Commissioner shall lay before each House of Parliament a special report upon the case.(3D) If the Commissioner lays a special report before each House of Parliament pursuant to subsection (3C) the Commissioner may also send a copy of the report to any person as the Commissioner thinks appropriate.(3E) For the purposes of subsection (3C) “Code duty” has the meaning given by section 5(1BB) of this Act.”(11) In section 10(5)(d), for “or (2A)” substitute “, (2A) or (2B)”.(12) In section 12(1), after paragraph (b) of the definition of “person aggrieved”, insert-“(c) in relation to a complaint under section 5(1BA) of this Act, means the person to whom the duty referred to in section 5 (1BA) of this Act is or is alleged to be owed;”.”

Ayes 136, Noes 130.

Debate in Parliament |

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All Votes Cast - sorted by party

Lords for which their vote in this division differed from the majority vote of their party are marked in red. Also shows which lords were ministers at the time of this vote. You can also see every eligible lord including those who did not vote in this division.

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The Bishop of PortsmouthBishopaye
The Bishop of St AlbansBishopaye
Lord Ahmad of WimbledonCon (front bench)no
Baroness Altmann Conno
Lord Arbuthnot of EdromConno
The Earl of ArranConno
Lord Ashton of HydeCon (front bench)no
Lord Barker of BattleConno
Lord Bates Con (front bench)no
Baroness Berridge Con (front bench)no
Baroness Bertin Conno
Baroness Bloomfield of Hinton WaldristConno
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Lord Brabazon of TaraCon (front bench)no
Lord Bridges of HeadleyCon (front bench)no
Baroness Buscombe Con (front bench)no
Baroness Byford Conno
Lord Caine Conno
The Earl of CaithnessCon (front bench)no
Lord Callanan Con (front bench)no
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Baroness Chisholm of OwlpenCon (front bench)no
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The Earl of CourtownCon (front bench)tellno
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The Earl of DundeeConno
Lord Dunlop Con (front bench)no
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Baroness Evans of Bowes ParkCon (front bench)no
Lord Fairfax of CameronConno
Lord Faulks Conno
Lord Fink Con (front bench)no
Baroness Finn Conno
Lord Flight Con (front bench)no
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Lord Forsyth of DrumleanCon (front bench)no
Lord Fraser of CorriegarthConno
Lord Freeman Con (front bench)no
Lord Freud Con (front bench)no
Lord Gadhia Conno
Lord Gardiner of KimbleCon (front bench)no
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Lord Geddes Con (front bench)no
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Lord Hodgson of Astley AbbottsCon (front bench)no
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Lord Horam Con (front bench)no
Earl Howe Con (front bench)no
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Lord Inglewood Con (front bench)no
Lord James of BlackheathConno
Baroness Jenkin of KenningtonCon (front bench)no
Lord Keen of ElieCon (front bench)no
Lord Kirkhope of HarrogateConno
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The Earl of LindsayCon (front bench)no
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Lord Lucas Conno
Lord MacGregor of Pulham MarketCon (front bench)no
Lord Mackay of ClashfernCon (front bench)no
Baroness Manzoor Conno
Lord Marlesford Conno
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Baroness Mobarik Con (front bench)no
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Lord Nash Con (front bench)no
Baroness Neville-Rolfe Con (front bench)no
Baroness Newlove Con (front bench)no
Lord Norton of LouthCon (front bench)no
Lord O'Shaughnessy Conno
Baroness Oppenheim-Barnes Conno
Baroness Pidding Conno
Lord Polak Con (front bench)no
Lord Popat Conno
Lord Porter of SpaldingConno
Baroness Redfern Con (front bench)no
Lord Robathan Conno
Lord Sanderson of BowdenConno
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Baroness Seccombe Con (front bench)no
The Earl of SelborneCon (front bench)no
Lord Sheikh Con (front bench)no
Lord Sherbourne of DidsburyCon (front bench)no
Baroness Shields Con (front bench)no
Lord Shinkwin Con (front bench)no
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Lord Spicer Conno
Baroness Stedman-Scott Con (front bench)no
Baroness Stowell of BeestonCon (front bench)no
Lord Strathclyde Conno
Baroness Sugg Conno
Lord Taylor of HolbeachCon (front bench)tellno
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Viscount Trenchard Conno
Lord True Con (front bench)no
Lord Tugendhat Con (front bench)no
Viscount Ullswater Con (front bench)no
Baroness Vere of NorbitonConno
Baroness Warsi Conno
Lord Wasserman Conno
Lord Wei Con (front bench)no
Lord Willetts Conno
Baroness Williams of TraffordCon (front bench)no
Lord Young of CookhamCon (front bench)no
Viscount Younger of LeckieCon (front bench)no
Lord Alton of LiverpoolCrossbenchaye
Baroness Masham of IltonCrossbenchaye
Baroness O'Loan Crossbench (front bench)aye
Lord Patel Crossbench (front bench)aye
Viscount Craigavon Crossbenchno
Lord Dear Crossbench (front bench)no
Baroness Finlay of LlandaffCrossbenchno
Lord Luce Crossbenchno
Lord Maginnis of DrumglassIndependent Ulster Unionistno
Lord Hope of CraigheadJudge (front bench)no
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Lord Anderson of SwanseaLabaye
Baroness Andrews Lab (minister)aye
Baroness Armstrong of Hill TopLab (minister)aye
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Lord Campbell-Savours Lab (minister)aye
Lord Carter of ColesLab (minister)aye
Lord Clark of WindermereLabaye
Lord Collins of HighburyLab (minister)aye
Baroness Corston Labaye
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Lord Foster of Bishop AucklandLabaye
Lord Foulkes of CumnockLab (minister)aye
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Baroness Howells of St DavidsLabaye
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Baroness Jones of WhitchurchLab (minister)aye
Lord Jordan Labaye
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Lord Kirkhill Labaye
Lord Knight of WeymouthLabaye
Baroness Lawrence of ClarendonLab (minister)aye
Lord Lea of CrondallLabaye
Lord Lennie Lab (minister)aye
Baroness Massey of DarwenLab (minister)aye
Lord Maxton Lab (minister)aye
Baroness McIntosh of HudnallLab (minister)aye
Lord McKenzie of LutonLab (minister)aye
Lord Monks Labaye
Lord Morris of HandsworthLab (minister)aye
Baroness Morris of YardleyLabaye
Lord Murphy of TorfaenLabaye
Lord O'Neill of ClackmannanLab (minister)aye
Baroness Pitkeathley Lab (minister)aye
Baroness Prosser Lab (minister)aye
Baroness Quin Lab (minister)aye
Lord Rosser Lab (minister)aye
Baroness Sherlock Lab (minister)aye
Viscount Simon Lab (minister)aye
Baroness Smith of BasildonLab (minister)aye
Baroness Smith of GilmorehillLabaye
Lord Soley Lab (minister)aye
Lord Stevenson of BalmacaraLab (minister)aye
Lord Stone of BlackheathLabaye
Baroness Taylor of BoltonLab (minister)aye
Baroness Thornton Labaye
Lord Tomlinson Labaye
Lord Touhig Lab (minister)aye
Lord Tunnicliffe Lab (minister)aye
Lord Watson of InvergowrieLab (minister)aye
Baroness Whitaker Labaye
Lord Whitty Lab (minister)aye
Lord Young of Norwood GreenLab (minister)aye
Lord Addington LDem (front bench)aye
Lord Alderdice LDemaye
Lord Allan of HallamLDemaye
Baroness Bakewell of Hardington MandevilleLDem (front bench)aye
Baroness Barker LDem (front bench)aye
Lord Beith LDem (front bench)aye
Baroness Benjamin LDem (front bench)aye
Baroness Bonham-Carter of YarnburyLDem (front bench)aye
Baroness Bowles of BerkhamstedLDem (front bench)aye
Baroness Brinton LDem (front bench)aye
Lord Bruce of BennachieLDem (front bench)aye
Lord Burnett LDemaye
Lord Campbell of PittenweemLDemaye
Lord Carlile of BerriewLDemaye
Lord Chidgey LDemaye
Lord Clement-Jones LDemaye
Lord Cotter LDemaye
Baroness Doocey LDem (front bench)aye
Baroness Falkner of MargravineLDem (front bench)aye
Lord Fearn LDemaye
Baroness Featherstone LDem (front bench)aye
Lord Foster of BathLDem (front bench)aye
Baroness Garden of FrognalLDem (front bench)aye
Baroness Grender LDem (front bench)aye
Baroness Hamwee LDem (front bench)tellaye
Baroness Harris of RichmondLDem (front bench)aye
Baroness Humphreys LDem (front bench)aye
Baroness Hussein-Ece LDemaye
Baroness Janke LDem (front bench)aye
Baroness Jolly LDem (front bench)aye
Baroness Kramer LDem (front bench)aye
Baroness Ludford LDem (front bench)aye
Baroness Maddock LDemaye
Lord Marks of Henley-on-ThamesLDem (front bench)aye
Lord Newby LDem (front bench)aye
Lord Oates LDem (front bench)aye
Lord Paddick LDem (front bench)aye
Baroness Pinnock LDem (front bench)aye
Baroness Randerson LDem (front bench)aye
Lord Razzall LDem (front bench)aye
Lord Rennard LDemaye
Baroness Scott of Needham MarketLDem (front bench)aye
Lord Sharkey LDem (front bench)aye
Baroness Sheehan LDem (front bench)aye
Lord Shipley LDemaye
Lord Shutt of GreetlandLDem (front bench)aye
Lord Stoneham of DroxfordLDem (front bench)tellaye
Lord Storey LDem (front bench)aye
Lord Strasburger LDemaye
Lord Stunell LDemaye
Lord Taylor of Goss MoorLDemaye
Lord Teverson LDem (front bench)aye
Viscount Thurso LDemaye
Lord Wallace of TankernessLDem (front bench)aye
Lord Willis of KnaresboroughLDem (front bench)aye
Lord Taylor of WarwickNon-affiliatedno
Lord Empey UUP (front bench)no

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