Criminal Justice Bill

Alistair Carmichael Excerpts

Report stage
Wednesday 15th May 2024 Commons Chamber

[Laura Farris]

That is an excellent suggestion. I confirm that and thank my right hon. Friend once again.

Before I conclude, I would like to address a number of other matters that have been raised by hon. Members and tabled as amendments. I start with the new clause tabled by my hon. Friend the Member for Chatham and Aylesford (Dame Tracey Crouch)—

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Before the Minister moves on—I apologise if she has addressed this and I missed it—could I get from her an explanation about Government new clause 102, which seeks to remove the protections of the Human Rights Act by effectively excluding the defence of lawful or reasonable excuses? This is now the fourth piece of legislation that the Government have introduced that will remove the protections of the Human Rights Act. We understand the reasons why they could not proceed with a Bill of rights, but surely if they are to remove human rights protections, that should be done in a proper, considered manner and not through salami slicing such as this.

[Laura Farris]

I will have to double-check that new clause, but I simply say that, with two exceptions, all the convention rights are qualified rights, which can be restricted in reasonable circumstances. I promise that I will check that and come back to the right hon. Gentleman in winding up the debate, if I may.

I was in the process of paying tribute to my hon. Friend the Member for Chatham and Aylesford and my right hon. Friend the Member for Tunbridge Wells (Greg Clark) for the outstanding representation that they have given to their constituents who were affected by David Fuller’s acts of depravity. That is reflected in new clause 62, which the Government support, on the offence of necrophilia.

It is perhaps a rare thing in 2024 that an offence can be identified that Parliament has not previously considered, but such was the extent of Fuller’s offending that we have had to do so. The Government are pleased to confirm that the Sexual Offences Act 2003 will be amended by the Bill to capture the sexual touching of a corpse with a new maximum sentence of seven years for penetrative offences and five years for non-penetrative acts.