Part of Criminal Justice and Immigration Bill – in a Public Bill Committee at 2:30 pm on 22 November 2007.
David Burrowes
Shadow Minister (Justice)
2:30,
22 November 2007
The Clause provides a good opportunity to highlight previously expressed concern about the Amendment of unimplemented legislation. It is consistent of us to welcome the extension of discretion, given that we have argued in debating other clauses against its removal from magistrates courts, and the clause is welcome. The Government have decided to remove an unimplemented measure in the Criminal Justice Act 2003 that would have limited magistrates’ discretion to send to the Crown Court cases in which the defendant pleads guilty before a venue. The discretion will now be extended back to the original position before the 2003 Act—magistrates will have wider discretion to commit offenders tried summarily to the Crown Court for sentence.
The concern is best summed up by the Magistrates Association, which welcomes the reversal but considers
“the legislative situation to be confusing. The Bill amends an unimplemented part of an earlier Act, which in turn altered another Act which is still in force—the effect appears to be to retain the status quo. Less legislation and better thought out provisions would avoid such confusion.”
I would welcome the Minister’s comments.
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.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
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.
