Clause 66 - Breach of detention and training order

Part of Legal Aid, Sentencing and Punishment of Offenders bill – in a Public Bill Committee at 5:30 pm on 15th September 2011.

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Photo of Elfyn Llwyd Elfyn Llwyd Shadow PC Spokesperson (Wales), Plaid Cymru Westminster Leader, Shadow PC Spokesperson (Constitution), Shadow PC Spokesperson (Foreign Affairs), Shadow PC Spokesperson (Home Affairs), Shadow PC Spokesperson (Justice), Shadow PC Spokesperson (Defence), Shadow PC Spokesperson (Environment, Food and Rural Affairs) 5:30 pm, 15th September 2011

I beg to move amendment 273, in clause 66, page 49, line 31, leave out from ‘(5)’ to ‘House’ in line 32 and insert

‘may not be made unless a draft of the instrument has been laid before and approved by a resolution of each’.

The amendment, which is straightforward and self-evident, would require a draft instrument to be laid before, and passed by, both Houses of Parliament. It concerns the regulation-making power in relation to the interaction of periods of detention imposed for the breach of a detention and training order with other sentences. The Bill provides for such regulations to be made by statutory instruments thorough the negative resolution procedure. I believe that statutory instruments affecting the right to liberty should be scrutinised by Parliament, and therefore that the affirmative resolution procedure should be employed.