Powers of Arrest etc. in Relation to Exclusion Order

Orders of the Day — Children (Scotland) Bill – in the House of Commons at 10:15 pm on 1st May 1995.

Alert me about debates like this

Amendment proposed: No. 176, in page 55, line 11, after 'may' insert 'ex proprio motu or'.—[Lord James Douglas-Hamilton.]

Photo of Miss Betty Boothroyd Miss Betty Boothroyd Speaker of the House of Commons

With this it will convenient to take Government amendment No. 177.

Photo of Mrs Maria Fyfe Mrs Maria Fyfe , Glasgow Maryhill

I wonder whether the Minister could simply tell us what ex proprio motu means. Could he put that in plain English in the Bill? I recognise that it is Latin. I even did a few years of Latin at secondary school, but the Minister undertook in Committee to try to frame a Bill in language that could be understood not only by Members of Parliament but by the general public trying to find their way through child legislation. I am sure that it can be translated into an easily understood English phrase. I hope that the Minister will let us know tonight what it means and will undertake to do that.

Photo of Lord James Douglas-Hamilton Lord James Douglas-Hamilton , Edinburgh West

When I took my law degree exams, I could certainly have given the hon. Lady the exact answer, but she will have to put up with a slightly longer one tonight. The amendment represents a useful addition to clause 69, which deals with powers of arrest in relation to exclusion orders. Amendment No. 176 simply ensures that the sheriff may, at his own hand, attach a power of arrest to an interdict and need not wait for an application by the local authority. I understand that the actual wording means "at his own hand". It is a Latin tag applicable in court proceedings. A sheriff will understand exactly what it means. I am glad that, owing to the excellence of the memories of my officials, who have not forgotten what they learnt in their law exams, I can inform the hon. Lady accordingly.

Photo of Miss Betty Boothroyd Miss Betty Boothroyd Speaker of the House of Commons

Order. Is this an intervention? Is the Minister allowing an intervention? If not, the hon. Lady must seek the leave of the House.

Photo of Lord James Douglas-Hamilton Lord James Douglas-Hamilton , Edinburgh West

I am content to allow the hon. Lady to intervene.

Photo of Mrs Maria Fyfe Mrs Maria Fyfe , Glasgow Maryhill

I am not sure whether this is an intervention or not.

Photo of Miss Betty Boothroyd Miss Betty Boothroyd Speaker of the House of Commons

Order. It has to be, otherwise it is not in order.

Photo of Mrs Maria Fyfe Mrs Maria Fyfe , Glasgow Maryhill

I thank the Minister for allowing me to intervene. I am sure that the sheriff will understand. My point is that the general public will not. Will the Minister simply amend the Bill to make it clear?

Photo of Lord James Douglas-Hamilton Lord James Douglas-Hamilton , Edinburgh West

I agree with that sentiment.

Amendment agreed to.

Amendments made: No. 177, in page 55, line 44, leave out from 'of' to 'liberate' in line 46, and insert 'that person further breaching the interdict to which the power of arrest was attached under subsection (1) above,'. No. 79, in page 56, line 1, leave out from 'person' to end of line 5 and insert— '(6A) Such a refusal to liberate an arrested person as is mentioned in subsection (6)(b) above, and the detention of that person until his appearance in court by virtue of either subsection (9) below or any provision of the Criminal Procedure (Scotland) Act 1975, shall not subject that constable to any claim whatsoever.'.—[Lord James Douglas-Hamilton.]