To clarify, clause 3 introduces schedule 3, which sets out the procedure for the transfer of a youth rehabilitation order to Northern Ireland when a young person either “resides or will reside” there when an order takes effect. Neither the Bill nor Government amendment No. 44 provides for the transfer of youth rehabilitation orders to Scotland.
Government officials have discussed the matter with Scottish Executive officials, who have concluded that they do not wish to have equivalent provisions. As the hon. Gentleman will be aware, the Scottish Executive have competence for these matters in Scotland and it is important that, in the spirit of devolution, we respect their wishes. That is my understanding of the position after the matter was discussed at official level.
The clause provides for Northern Ireland because my hon. Friend the Minister of State at the Northern Ireland Office, who holds a post that both my hon. Friend the Under-Secretary of State for Justice and I have held—this year is the year of the three Ministers of State in Northern Ireland—has agreed to and is content with the provision.