Criminal Justice Bill (Ninth sitting)

Alberto Costa Excerpts

Committee stage
Thursday 18th January 2024 Public Bill Committees

[Laura Farris]

It is in the Bill that the Bill itself is compliant with the European convention on human rights.

[Alberto Costa (South Leicestershire) (Con)]

This may well be helpful to the Minister: the ECHR may in fact apply extraterritorially to British subjects or British prisoners who are placed in prisons outwith the member states that are part of the Council of Europe. She might want to check whether it applies in extraterritorial circumstances. [Interruption.]

[The Chair]

Order. I know that Members feel passionately about this issue, and they are, of course, welcome to make further contributions. If they want to, can they please indicate that once the Minister has finished?

Criminal Justice Bill (Fifteenth sitting)

Alberto Costa Excerpts

Committee stage
Tuesday 30th January 2024 Public Bill Committees

[The Chair]

I remind Members that any speaking notes need to be sent by email to [e-mail]. Please make sure that your devices are on silent. As you know, tea and coffee are not allowed during the sitting.

[Alberto Costa (South Leicestershire) (Con)]

On a point of order, Mrs Latham. I am wearing my spectacles today; I usually wear contact lenses. I have noticed that in this Committee room the LED lighting—I presume that is what it is—is perhaps set to cool white rather than warm white, and that has an impact on the sight of people like me.

Are you able to guide me on who I should speak to about this Committee room to ensure that the lighting is more appropriate for all Members, particularly people like me who find it very difficult to see in this cool light? Perhaps we could conduct a survey to see what type of optics LED lights work best with. Is Mr Speaker, somebody in facilities management or somebody else on the estate able to advise me on the best quality LED lights, whether warm or cool, for people with sight like mine?

[The Chair]

It is funny you should say that; I cannot see the Annunciator very well because of the lighting. You could go to the head of facilities or speak to Sir Charles Walker, who heads the Administration Committee where he will be able to bring the matter up. It meets every Monday.

[Alberto Costa]

Further to that point of order, Mrs Latham. I was desperately trying to hear you and I could not, which is another issue that we ought to take into consideration. I know that colleagues have from time to time raised the issue that the acoustics in these wonderful neo-gothic Committee rooms are not necessarily appropriate for the mid-21st century.

Again I ask, Mrs Latham: do you know what the appropriate body is when it comes to acoustic issues? We must ensure that all of us can hear, whether we have hearing aids or not—in my case, I do not have a hearing aid; I like to think that my hearing is okay. Nevertheless, I did have difficulty in hearing the response that you gave to my previous point of order. I would be grateful if you could repeat that response, in addition to giving me another one about the person to whom I should direct complaints when it comes to acoustics in these types of Committee rooms.

[The Chair]

I said that you could either go to Sir Charles Walker or the head of admin services. My response is the same for the hearing issue. I said that I cannot really see the Annunciator because of the angle of the lights, so that is a problem. I do not have problems here, but I have great difficulty hearing in Portcullis House rooms; I find they are very poor. It is worth reporting the matter to Sir Charles Walker because he can raise it in the Administration Committee. Several of us in this room are on that Committee. We have heard what you said and we can back it up.

New Clause 45

Administering etc harmful substances (including by spiking)

(1) In the Offences Against the Person Act 1861, for sections 23 to 25 substitute—

“23 Administering etc harmful substance so as to endanger life or inflict grievous bodily harm

(1) A person commits an offence if—

(a) the person intentionally or recklessly, and unlawfully, administers a harmful substance to another person, and

(b) the administration of the harmful substance endangers the other person’s life or inflicts grievous bodily harm on them.

(2) A person commits an offence if—

(a) the person unlawfully causes a harmful substance to be administered to or taken by another person,

(b) the administration or taking of the harmful substance endangers the other person’s life or inflicts grievous bodily harm on them, and

(c) the person intends that, or is reckless as to whether—

(i) the harmful substance is administered to or taken by the other person, and

(ii) the administration or taking of the harmful substance will endanger the other person’s life or inflict grievous bodily harm on them.

(3) In this section “harmful substance” means any poison or other destructive or noxious thing.

(4) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).

24 Administering etc harmful substance with intent to injure, aggrieve or annoy

(1) A person commits an offence if—

(a) the person unlawfully administers a harmful substance to, or causes a harmful substance to be administered to or taken by, another person, and

(b) the person does so with intent to injure, aggrieve or annoy the other person.

(2) In this section “harmful substance” has the meaning given by section 23.

(3) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

25 Alternative verdict on trial of offence under section 23

A person who is—

(a) charged with an offence under section 23, and

(b) found not guilty of that offence,

may be convicted of an offence under section 24 (if it is proved that they committed it).”

(2) In consequence of the amendment made by subsection (1), in the following provisions for “maliciously administering poison etc” substitute “administering etc harmful substance”—

(a) paragraph 8(e) and (f) of Schedule 1 to the Suppression of Terrorism Act 1978;

(b) paragraph 5(g) and (h) of Schedule 2A to the Housing Act 1985;

(c) paragraph 10 of Schedule 15 to the Criminal Justice Act 2003;

(d) paragraph 11 of Schedule 5 to the Sexual Offences Act 2003;

(e) in Schedule 2 to the Counter-Terrorism Act 2008, paragraph (b) of the entry relating to offences under the Offences against the Person Act 1861;

(f) paragraph 7 of Schedule 4 to the Modern Slavery Act 2015;

(g) paragraph 4(c) of Schedule 1 to the Sentencing Act 2020;

(h) paragraph 23(f) of Part 2 of Schedule 9 to the Elections Act 2022;

and in section 72(2)(d) of the Domestic Abuse Act 2021 for “poison” substitute “harmful substance”.”.—(Chris Philp.)

This new clause re-casts the offences under sections 23 and 24 of the Offences against the Person Act 1861 (administration etc of harmful substances) and the procedural provision under section 25 of that Act relating to those offences

Brought up, read the First and Second time, and added to the Bill.

New Clause 46

Sexual activity in presence of child etc

(1) The Sexual Offences Act 2003 is amended as follows.

(2) In section 11(1) (engaging in sexual activity in presence of child), in paragraph (c) for the words from “he engages” to the end (not including the “and” at the end of the paragraph) substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”.

(3) In section 18(1) (abuse of position of trust: sexual activity in presence of child), in paragraph (c) for the words from “he engages” to the end substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”.

(4) In section 32(1) (engaging in sexual activity in presence of person with mental disorder impeding choice), in paragraph (c) for the words from “he engages” to the end substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”.

(5) In section 36(1) (engaging in sexual activity in presence, procured by inducement, threat or deception, of person with mental disorder)—

(a) in paragraph (c) for the words from “he engages” to the end substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”;

(b) in paragraph (d) for “paragraph (c)(i)” substitute “paragraph (c)”.

(6) In section 40(1) (care workers: sexual activity in presence of person with mental disorder), in paragraph (c) for the words from “he engages” to the end substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”.”—(Chris Philp.)

This new clause amends offences of engaging in sexual activity in the presence of a child or person with mental disorder (B) so as to remove the requirement that the person knows or believes that B is aware, or intends that B should be aware, that the person is engaging in it.

Brought up, and read the First time.