Committee (9th Day) (Continued)

Part of Legal Aid, Sentencing and Punishment of Offenders Bill – in the House of Lords at 6:15 pm on 9 February 2012.

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Photo of Lord Ramsbotham Lord Ramsbotham Crossbench 6:15, 9 February 2012

My Lords, I was very glad that the night shift had started so that the noble Baroness, Lady Hayter, with her great experience of these issues, was here to contribute to the debate. I am very grateful to my noble friend Lord Kerr and to the noble Lord, Lord Judd, for their contributions. They added value to the debate.

I am extremely grateful to the Minister, who demonstrated, as has been mentioned, that he understands the problem. Yet, in 1996 I first received an official pat on the head from an official in the Home Office who said, "Do not worry, we are talking to the Department of Employment about this". Absolutely nothing has happened about it and that was more than 15 years ago. In the run up to putting my amendments to the Welfare Reform Bill, I questioned officials in the Department for Work and Pensions who were not aware of any people in the Ministry of Justice involved in such discussions. I am glad that that is happening. It would be sensible to bring this amendment back on Report so that the Minister can tell us precisely what has happened since that time. I know that the Department for Work and Pensions is poised and waiting. The suggestions that I made to the Minister were requests from that department that would help it to help the Ministry of Justice. Hoping that that will happen, I beg leave to withdraw the amendment.

Amendment 182ZA withdrawn.

Clause 119 agreed.

Clause 120 : Transit of prisoners

Amendment 182ZB

Moved by Lord McNally

182ZB: Clause 120, page 101, line 9, at end insert-

"(2A) The relevant Minister may issue a transit order where-

(a) international arrangements apply to any of the Channel Islands or the Isle of Man which provide for the transfer between that island and a country or territory outside the British Islands of persons to whom subsection (2B) applies; and

(b) the relevant Minister has received a request from the appropriate authority of that island for the transit of a person to whom subsection (2B) applies through a part of Great Britain.

(2B) A person falls within this subsection if-

(a) that person is for the time being required to be detained in a prison, a hospital or any other institution either-

(i) by virtue of an order made in the course of the exercise of its criminal jurisdiction by a court or tribunal in the island from which the transit request is made; or

(ii) by virtue of any provisions of the law of that island which are similar to any of the provisions of this Act; and

(b) except in a case where a transit request is made in the circumstances described in section 6D(1), that person is present in that island."