Clause 66 - Breach of detention and training order
Legal Aid, Sentencing and Punishment of Offenders bill
Elfyn Llwyd (PC Westminster Leader, Shadow PC Spokesperson (Constitution), Shadow PC Spokesperson (Foreign Affairs), Shadow PC Spokesperson (Justice), Shadow PC Spokesperson (Defence), Shadow PC Spokesperson (Environment, Food and Rural Affairs), Shadow PC Spokesperson (Wales); Dwyfor Meirionnydd, Plaid Cymru)
‘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.