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Mr. Beith: Apart from the official Opposition we are all anxious to get on with the Division. Between now and the Bill reaching the other place, will the Minister consider the risk that, if the other amendments I have tabled are not considered carefully, we may have more mentally disordered people in prison when the courts, given the option, would have provided a more appropriate regime?
Mr. Maclean: I believe that the right hon. Gentleman was wrongly informed about the mental health element that he proposed in his speech. The court may not simply set aside the automatic life sentence. To set it aside would upset the balance that the Bill provides between the need to protect the public from repeat offending and the need to enable effective medical treatment to be given to mentally disordered offenders. A disposal under the Mental Health Act 1983 cannot provide the lifetime supervision needed. The key point about the automatic life sentence is that there will be lifetime supervision.
If someone with a psychiatric problem is given an automatic life sentence, the Home Secretary can use his powers, and would intend to continue to use them, to move that person for psychiatric treatment. When the treatment is over, the life sentence can continue, including the element of supervision for life. That is the key point. In clauses 2 and 3, a sentence of a mental health restriction order can be imposed instead.
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I want to challenge another point raised by the right hon. Member for Berwick-upon-Tweed. He said that the proposals would not be introduced for 12 years. That is untrue. It is true that it may be 12 years before the final burglar who has committed his third and final offence is locked up, but, when the Bill receives Royal Assent, we intend to introduce the important provisions as soon as possible, some time later this year. As resources permit, and as we can build the prison places through the private finance initiative, we intend to bring in the other provisions in the Bill, and by 1999 we intend to bring in the burglary provisions. That will protect our constituents better than any of the suggestions made by the Opposition tonight.
Mr. Llwyd:
We have had a high-quality debate with speeches from both sides of the House. There have been thoughtful contributions from people who know a great deal about the subject.
I am singularly unconvinced by the Minister's response. It is much the same as we heard in Committee. I do not know whether Sir David Frost realises the constitutional implications of his programme on that fateful Sunday morning. I suspect that law students will seek videos of that programme and depart from their normal studies in order to learn about constitutional law.
I believe that this is the core of the Bill. If this part of the Bill remains unaltered, it will be flawed. In the other place the Bill will be examined by people who are judicially qualified as well as ex-Home Office Ministers and so on. I hope that they will look at the Bill again and amend this part of it.
I am indebted to those on both sides of the House who have contributed to this debate. I am sure that it will be read carefully in the other place, and I sincerely hope that there will be a positive result. With the greatest respect, the Minister's response was typical. It takes us nowhere at all. He stuck to a poor brief. We have heard the quotation from Sir David Frost's programme before and, as the hon. and learned Member for Burton(Sir I. Lawrence) said, we are no nearer now than we were in Committee, and that is disappointing.
Question put, That the amendment be made:--
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