Clause 7 - Codes of practice
Criminal Justice Bill
5:15 pm
Mr Hilary Benn (Parliamentary Under-Secretary, Home Office; Leeds Central, Labour)
There is a lot of common ground among us on the problem that we are trying to
address. My hon. and learned Friend was right to draw attention to one of the causes of the pressure, which is the legislation passed in the House. That is why the discipline of being allowed to revise the codes only once every two years would not work. The practitioners on the streets want guidance that reflects the legislation that we pass. It would not be sensible then to impose a rule that says, ''I'm sorry, but you're going to have to wait another two years before we can update the code you have to work with''. There has been criticism of the rate at which the Home Office legislates, but that is how things go.
The hon. Member for Beaconsfield raised a point about a draft. He is correct in that the current wording mentions the publication of a draft. However, on the basis of subsection (4), that would be a bit hard if one were to issue a code. Under the clause, there is for the first time a requirement for the Secretary of State to consult. I find it hard to conceive that a Secretary of State would write a letter saying, ''Dear So-and-so, I am thinking of publishing a new code. What do you think? Let me have your views. Yours sincerely.'' I think that common sense dictates that one would invite people to comment and be consulted on a draft.
Although I take the hon. Gentleman's point about the wording, I think that the spirit of subsection (4) is clear. After all, what is the point of consultation if there is nothing specific to consult on? It would not make sense to write a letter such as the one that I caricatured a moment ago. It would make a lot of sense to consult people on such proposals, for precisely the reasons that my hon. and learned Friend outlined. Such detailed provisions as those under discussion are in some cases sensitive and important. If the consultation is to be meaningful, people must have a chance to look at a draft and to comment on it. I hope that that is helpful, and that the Committee will accept the clause.
Question put and agreed to.
Clause 7 ordered to stand part of the Bill.
Clause 8 ordered to stand part of the Bill.