Criminal Justice Bill

Part of the debate – in the House of Lords at 5:15 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) 5:15, 7 July 2003

I thank the noble Lord for that. A "new code" is a code covering entirely new subject matter. For example, there was recently a new code on the video-recording of interviews. One of the difficulties that I have is in giving the noble Lord any indication as to how often these changes will be necessary. Regrettably, none of us has a crystal ball and we often think that there is no need for revision. Then, because of technological and other changes, we find that a new code to meet the new arrangements becomes necessary, as the noble Lord probably knows from practice. So I cannot say how often that will be necessary, but the fact that it will be necessary we can take from the amount of times that we have had to do it so far. I anticipate therefore that it will be a rolling programme, but I cannot give any better indication than that.

Amendment No. 38 would require the retention of the affirmative resolution procedure for new and revised PACE codes. I have already mentioned that we are content to retain the affirmative resolution procedure for new codes. However, we want to keep some flexibility in relation to amendments, and that is why we intend effectively to give the Home Affairs Select Committee discretion over whether specific proposals should be subject to affirmative resolution or to a simple laying requirement.

I hear the comments of the noble Lord about the complexion of the Select Committees. However, that has not to date stopped them holding this Government to account, and every other government who have come within their view. We do not see that the Home Affairs Select Committee will do anything other than behave entirely independently. That is how they have operated in the past and we believe that they will continue to do so.

Amendment No. 39 would require the affirmative resolution procedure for analogous codes covering the work of military police forces. Currently such codes are only subject to negative resolution and, as they tend broadly to follow the main PACE codes, there is a good case for exempting them from any specific parliamentary procedure. Allowing for the government amendments which have already been discussed, we do not support either Amendments Nos. 38 or 39, but they are in the framework of the other proposals we have just outlined. I hear the comments of the noble Lord about scrutiny. That is why I made plain, in answer to the noble Baroness, Lady Carnegy, that we await the Delegated Powers Committee, because we wish to listen to what it might say. That is an innovative way of dealing with the matter.

I know that many noble Lords and others in another place have been concerned about how the Home Secretary will exercise his discretion. This is an appropriate way of giving both Houses the reassurance they seek. If we get an indication that the affirmative resolution procedure is preferred, that is the procedure we shall adopt.