Part of Serious Organised Crime and Police Bill – in a Public Bill Committee at 3:00 pm on 18 January 2005.
Hazel Blears
Minister of State (Home Office) (Policing, Security and Community Safety), Member, Labour Party National Executive Committee
3:00,
18 January 2005
There is little between us in terms of the mischief that we are able to resolve. I am sorry to tell both hon. Gentlemen, however, than the Amendment is unnecessary in technical terms. It is also technically defective, but the important point is that it is unnecessary. It appears to be intended to extend the scope of proposed new powers to restraining and non-molestation orders. The purpose of Clause 103 is to plug a gap that does not exist in relation to non-molestation and restraining orders.
We are trialling satellite tracking technology, particularly for sex offenders. Such people may be excluded from going near a primary school or the scene of previous offences. As we track them through that technology, if they go into that exclusion zone we can ask them to leave, but we do not have any power of arrest if they refuse to do so. In the case of non-molestation and restraining orders that are made on acquittal, as the hon. Gentlemen said, they attract a power of arrest, so there is no gap for non-molestation orders and restraining orders. The gap that we are specifically trying to plug is in relation to breaches of community orders, suspended sentences or licence conditions where there are other enforcement provisions in place. That is why we are now seeking to take the power of arrest when somebody fails to obey a police instruction to leave the exclusion zone. At the moment, police have the power of arrest only if they feel that somebody is about to commit another offence in that exclusion zone.
If that explanation is not sufficient, I might add some more information, but I assure the hon. Gentleman that the Government are just as keen as they are to ensure that if somebody has been issued with a non-molestation or restraining order and they breach it, swift action can be taken by the police in terms of arrest. The current law allows for that, and therefore there is no need for the amendment.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
