Clause 66 - Breach of detention and training order
Legal Aid, Sentencing and Punishment of Offenders bill
5:30 pm

Photo of Elfyn Llwyd

Elfyn Llwyd (PC Westminster Leader; Dwyfor Meirionnydd, Plaid Cymru)

I beg to move amendment 273, in clause 66, page 49, line 31, leave out from ‘(5)’ to ‘House’ in line 32 and insert

‘may not be made unless a draft of the instrument has been laid before and approved by a resolution of each’.

The amendment, which is straightforward and self-evident, would require a draft instrument to be laid before, and passed by, both Houses of Parliament. It concerns the regulation-making power in relation to the interaction of periods of detention imposed for the breach of a detention and training order with other sentences. The Bill provides for such regulations to be made by statutory instruments thorough the negative resolution procedure. I believe that statutory instruments affecting the right to liberty should be scrutinised by Parliament, and therefore that the affirmative resolution procedure should be employed.

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