Criminal Justice Bill

Part of the debate – in the House of Lords at 5:00 pm on 7 July 2003.

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Photo of Baroness Scotland of Asthal Baroness Scotland of Asthal Minister of State, Home Office, Minister of State (Home Office) (Criminal Justice and Offender Management) 5:00, 7 July 2003

I am putting the amendment to the Committee today. I should clarify the point, as I may have innocently confused matters. The choice is between the affirmative procedure and the mere laying of an order, as the noble Lord, Lord Elton, indicated. I hope that I have made that clear.

In introducing the amendment I was attempting to explain that there are real difficulties in putting the proposal that the Home Secretary should be bound by the committee's recommendations on the face of the Bill, because of the possibility of the committee changing and the construct being different. We know that we cannot do that—the draftsmen have told us as much. But what we can do is to make a commitment to this House that these issues will go before the committee; the committee will have an opportunity to examine them; and the Home Secretary has indicated that he will be so bound.

So far as concerns the Delegated Powers Committee, we are asking this Committee to consider the amendment now, but we are doing so on the basis that the Delegated Powers Committee has not had an opportunity to have its say. What I was saying was that, if, contrary to our current expectation, a different view is alighted upon, we will consider that before we return to the matter on Report. So this may not be the end of it if there is a powerful argument that we should properly consider.