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Treason (206)

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Lords committee stage second day. Clause 13, as amended, agreed to. New clauses agreed to. Clause 14 agreed to. Schedule 1 agreed to. Clause 15 agreed to. (Part 1 of 2).

Lead member
Lord Sharpe of Epsom
Answering member
Lord Ponsonby of Shulbrede; Lord Coaker
Department
Home Office
Type
Committee of the Whole House (HL); Debates on bills
Date
21 December 2022
Reference
826 cc1143-1172
House
House of Lords

Moved by

Lord Bethell

37A: After Clause 12, insert the following new Clause—

“Treason: aiding a hostile foreign power

(1) A person commits an offence if the person engages in conduct falling within subsection (2), with the intention to aid—

(a) an attack on the United Kingdom by any foreign power,

(b) any foreign power that...

Member
Lord Bethell (Conservative)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 c1143
House
House of Lords

My Lords, Amendment 37A on treason and aiding a foreign power is in my name and that of the noble Lord, Lord Faulks, who is extremely frustrated that he cannot be here today.

This is an excellent Bill. It is clear from the proceedings in this Chamber that it is welcomed,...

Member
Lord Bethell (Conservative)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 cc1143-5
House
House of Lords

My Lords, I have great respect for any new clause proposed by the noble Lord, and with the name of the noble Lord, Lord Faulks. It is therefore with some trepidation that I may strike a discordant note. I am almost intimidated by the compelling ad majorem argument which the...

Member
Lord Carlile of Berriew (Crossbench)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 cc1145-6
House
House of Lords

I think my noble friend is referring to Ponting, not Westland.

Noon

Member
Lord Butler of Brockwell (Crossbench)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 c1146
House
House of Lords

I thank my noble friend for that correction—yes, it was Ponting, not Westland. I apologise; I had the wrong incident in my mind.

My fourth point is about the life sentence contained in subsection (3) of the proposed new clause. I simply do not like tautologies such as “manifestly unjust” in...

Member
Lord Carlile of Berriew (Crossbench)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 c1146
House
House of Lords

My Lords, it is a pleasure to follow two such clear and thought-provoking speeches. When this House has debated treason offences in recent years, it has generally been in the context of lending support to terrorist groups, particularly in foreign theatres such as Iraq and Syria. It has never seemed...

Member
Lord Anderson of Ipswich (Crossbench)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 cc1146-8
House
House of Lords

My Lords, it is a privilege to follow the noble Lord. I share his views and those laid out so well by the noble Lord, Lord Carlile. I thank the noble Lord, Lord Bethell, for allowing us to pose some fundamental questions, but I share the concerns of others who...

Member
Lord Purvis of Tweed (Liberal Democrat)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 cc1148-9
House
House of Lords

My Lords, I hesitate to intervene in a debate after speakers who know a great deal more about this subject than I do, but I wonder why “treason” has to go into the heading of this proposed new clause. It does not add anything to the meaning of the words...

Member
Lord Hope of Craighead (Crossbench)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 cc1149-1150
House
House of Lords

My Lords, I found this a fascinating short debate. It caused me to reflect on my time in this House, which has been a few decades now. Over 20 years ago, I remember sitting in on debates on treason in the Council of Europe, covering the way it would be...

Member
Lord Ponsonby of Shulbrede (Labour)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 c1150
House
House of Lords

My Lords, I agree with the noble Lord, Lord Ponsonby, that this has been a fascinating debate on a fascinating subject. I thank my noble friend Lord Bethell for introducing Amendment 37A on treason in his name and that of the noble Lord, Lord Faulks. I will now explain why...

Member
Lord Sharpe of Epsom (Conservative)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 cc1150-1
House
House of Lords

My Lords, I am enormously grateful for the thoughtful and detailed debate we have had on this amendment. I will address a few of the points—I cannot address all of them—and I will seek to be brief.

This amendment is not about the past—it is not about Clive Ponting or Lord...

Member
Lord Bethell (Conservative)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 cc1151-2
House
House of Lords

The problem is—I speak as a former prosecutor—that if you are facing a jury with a charge that has “treason” on it, that elevates the temperature of the debate. It is much easier if you concentrate on the actual words of the offence that you are trying to get the...

Member
Lord Hope of Craighead (Crossbench)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 c1152
House
House of Lords

My Lords, pragmatism is completely right; I understand the noble and learned Lord’s point and I do not doubt his insight in the slightest. I have a slightly different perspective. That seems to be an argument to rehabilitate the thought rather than to avoid the crime. If something is happening...

Member
Lord Bethell (Conservative)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 c1152
House
House of Lords

Moved by

Lord Sharpe of Epsom

38: Clause 13, page 11, line 18, leave out subsections (1) to (11) and insert—

“(1) A person commits an offence if—

(a) the person engages in prohibited conduct,

(b) the foreign power condition is met in relation to the prohibited conduct, and

(c) the person intends the prohibited conduct,...

Member
Lord Sharpe of Epsom (Conservative)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 c1153
House
House of Lords

My Lords, I turn to government Amendments 38, 40, 41 and 42, and Amendments 43, 44, 45 and 45A in this group, tabled by other noble Lords.

The government amendments to Clause 13 are vital to the utility of the offence of foreign interference and will strengthen our response to hostile...

Member
Lord Sharpe of Epsom (Conservative)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 cc1153-5
House
House of Lords

My Lords, my name is on Amendments 43 and 44 and Amendment 45A is in my name. I welcome the clarification in the government amendments and stress that this is an important area in which getting the language right is particularly difficult. I speak as a non-lawyer.

When I read the...

Member
Lord Wallace of Saltaire (Liberal Democrat)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 cc1156-8
House
House of Lords

My Lords, Amendment 44 is in my name and that of the noble Lords, Lord Ponsonby and Lord Wallace, who has just spoken. I am reassured that I seem to be keeping better company than is my wont, which gives me some confidence for this amendment.

Before I get to Amendment...

Member
Lord Carlile of Berriew (Crossbench)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 cc1158-9
House
House of Lords

My Lords, I hope that I can intervene briefly to ask two questions. I support Amendment 44, but the questions I want to ask relate to government Amendments 38 and 42. If I understand the Minister correctly, subsection 2(c) of Amendment 38 inserts the word “reckless” in order to fill...

Member
Viscount Stansgate (Labour)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 c1160
House
House of Lords

My Lords, I will begin by raising a question with the Minister regarding his amendments, and will then support my noble friend, as a member of a fairly virtuous party, and my noble “also-friend”, who is equally virtuous but not in the party.

The noble Lord, Lord Carlile, rightly raised the...

Member
Lord Purvis of Tweed (Liberal Democrat)
Type
Proceeding contributions
Date
21 December 2022
Reference
826 cc1160-2
House
House of Lords