Criminal Justice Bill – in a Public Bill Committee am 2:30 pm ar 23 Ionawr 2003.
Dominic Grieve
Shadow Minister (Home Affairs)
Just before we adjourned, I asked the Minister to explain the retention of the common law rules relating to a person's reputation. I should be interested to know the significance of that and what it would still allow that would otherwise be excluded.
Hilary Benn
Parliamentary Under-Secretary (Home Office) (Minister for Prisons and Probation)
Clause 82(2) retains the common law exception to the hearsay rule that allows a person's reputation to be used to prove his bad character. The retention of the rule is part of the provisions on hearsay in chapter 2 of this part of the Bill—specifically clause 102. Without it, there would be an apparent inconsistency between the retention of that rule for the purposes of the hearsay clauses and the abolition of all the common law rules governing bad character evidence. However, subsection (2) does not extend the admissibility of bad character evidence. It simply enables reputation to be used to prove a person's bad character. The fact that evidence of a person's bad character can be given will need to be established separately.
David Heath
Shadow Spokesperson (Trade and Industry), Shadow Spokesperson (Home Affairs)
This morning, my hon. Friend the Member for Southwark, North and Bermondsey (Simon Hughes) said that we would not support the retention of the provision until we were assured of an adequate replacement, which we are still not. He is engaged in asking a question at the newly established Youth questions in Westminster Hall. I have heard nothing from the Minister that has reassured me, so I intend to divide the Committee.
Question put, That the Clause stand part of the Bill:—
The Committee divided: Ayes 11, Noes 6.
Rhif adran 25
Adults Abused in Childhood — Clause 82 - Abolition of common law rules
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
