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1657

 

House of Commons

 
 

Wednesday 18th July 2007

 

Consideration of Lords Amendments

 

New Amendments handed in are marked thus Parliamentary Star

 

Offender Management Bill


 

On Consideration of Lords Amendments to the Offender Management Bill

 

 


 

Lords Amendment No. 6

 

Mr Secretary Straw

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 22

 

Mr Secretary Straw

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 11

 

Mr Secretary Straw

 

To move, That this House disagrees with the Lords in their Amendment.

 

Mr Secretary Straw

 

 

Parliamentary Star    

To move the following Amendment to the Bill in lieu of the Lords Amendment:—

 

(a)

 

Page  3,  line  46,  at end insert:—


 
 

Consideration of Lords Amendments: 18th July 2007          

1658

 

Offender Management Bill, continued

 
 

‘(6)    

In carrying out functions under this Part in relation to arrangements under section

 

3(2) with another person (“the provider”), the Secretary of State shall have regard

 

to the need to take reasonable steps to avoid (so far as practicable) the risk that—

 

(a)    

the provision, in pursuance of the arrangements, of assistance to a court

 

or to the Parole Board for England and Wales, and

 

(b)    

the carrying out, in pursuance of the arrangements, of any other activities,

 

    

might be adversely affected by any potential conflict between the provider’s

 

obligations in relation to those activities and the financial interests of the

 

provider.’.

 


 

Lords Amendment No. 8

 

Mr Secretary Straw

 

To move, That this House disagrees with the Lords in their Amendment.

 

Mr Secretary Straw

 

 

Parliamentary Star    

To move the following Amendment to the Bill in lieu of the Lords Amendment:—

 

(a)

 

Page  3,  line  35,  at end insert—

 

‘(3A)    

The Secretary of State may make provision for the performance of any function

 

to which section 2(1)(c) applies by making arrangements under subsection (2)

 

above providing for the delegation of that function to the other person.’.

 


 

Lords Amendment No. 9

 

Mr Secretary Straw

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 12

 

Mr Secretary Straw

 

To move, That this House disagrees with the Lords in their Amendment.

 



 
 

Consideration of Lords Amendments: 18th July 2007          

1659

 

Offender Management Bill, continued

 
 

Lords Amendment No. 13

 

Mr Secretary Straw

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 16

 

As Amendments to the Lords Amendment:—

 

Mr Secretary Straw

 

(a)

 

Parliamentary Star    

Line  18,  leave out ‘3(3A) or (4)’ and insert ‘3(4)’.

 

(b)

 

Parliamentary Star    

Line  19,  at end insert—

 

‘(3A)    

Arrangements made by the Secretary of State under section 3(2) with a probation

 

trust shall require the trust to publish an annual plan for each year in which it

 

expects to carry out any specified activities.’.

 

(c)

 

Parliamentary Star    

Line  20,  leave out ‘3(3A) or (4)’ and insert ‘3(2)’.

 

(d)

 

Parliamentary Star    

Line  24,  leave out ‘subsection (4)’ and insert ‘subsections (3A) and (4)’.

 

(e)

 

Parliamentary Star    

Line  25,  leave out ‘person required to publish the plan’ and insert ‘probation trust

 

or other person (as the case may be)’.

 

(f)

 

Parliamentary Star    

Line  28,  leave out ‘person with whom arrangements under sections 3(4) or (5)’

 

and insert ‘probation trust or other person with whom arrangements under

 

section 3(2)’.

 

(g)

 

Parliamentary Star    

Line  30,  leave out ‘(4) above’ and insert ‘(3A) or (4) above (as the case may be)’.

 


 

Lords Amendment No. 23

 

Mr Secretary Straw

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 35

 

As an Amendment to the Lords Amendment:—


 
 

Consideration of Lords Amendments: 18th July 2007          

1660

 

Offender Management Bill, continued

 
 

Mr Secretary Straw

 

(a)

 

Parliamentary Star    

Line  2,  leave out ‘5(1) or (3)(c)’ and insert ‘5(3)(c)’.

 


 

Lords Amendment No. 38

 

Mr Secretary Straw

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 47

 

Mr Secretary Straw

 

Parliamentary Star    

To move the following consequential Amendment to the Bill:—

 

(a)

 

Page      3,  line  41,  leave out subsection (5) and insert—

 

‘(5)    

In this Part “provider of probation services” means—

 

(a)    

a person with whom the Secretary of State has made arrangements that

 

are in force under subsection (2); or

 

(b)    

the Secretary of State (in relation to probation provision which is the

 

subject of arrangements that are in force under subsection (4)).’.

 

 

 

Order of the House [11th December 2006]

 

That the following provisions shall apply to the Offender Management Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 25th January 2007.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.


 
 

Consideration of Lords Amendments: 18th July 2007          

1661

 

Offender Management Bill, continued

 
 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Offender Management Bill (programme) (no. 2)

 

Secretary John Reid

 

That the Order of 11th December 2006 (Offender Management Bill (Programme)) be

 

varied as follows—

 

1.    

Paragraphs 4 and 5 of the Order shall be omitted.

 

2.    

Proceedings on consideration shall be taken in the order shown in the first

 

column of the following Table.

 

3.    

The proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at the times specified in the second column of the Table.

 

 

TABLE

 

Proceedings

Time for conclusion of proceedings

 
 

New Clauses and amendments

11/2 hours after the commencement of

 
 

relating to polygraph conditions in

proceedings on the Motion for this Order.

 
 

licences; New Clauses relating to

  
 

preparation of plans by probation

  
 

trusts; amendments relating to

  
 

consultation about the provision of

  
 

probation services; amendments

  
 

relating to the composition of

  
 

probation trusts

  
 

New Clauses and amendments

31/2 hours after the commencement of

 
 

relating to restrictions on

proceedings on the Motion for this Order.

 
 

arrangements for provision of

  
 

probations services

  
 

Remaining proceedings on

6.00 p.m.

 
 

consideration

  
 

4.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at 7.00 p.m.

 

 

OFFENDER MANAGEMENT bill (programme) (No. 3)

 

Mr Secretary Straw

 

That the following provisions shall apply to the Offender Management Bill for the

 

purpose of supplementing the Orders of 11th December 2006 and 28th February 2007

 

(Offender Management Bill (Programme) and Offender Management Bill (Programme)

 

(No. 2)):


 
 

Consideration of Lords Amendments: 18th July 2007          

1662

 

Offender Management Bill, continued

 
 

Consideration of Lords Amendments

 

1.    

Proceedings on consideration of Lords Amendments shall (so far as not

 

previously concluded) be brought to a conclusion three hours after their

 

commencement at this day’s sitting.

 

2.    

The Lords Amendments shall be considered in the following order, namely:

 

6, 22, 11, 14, 4, 1 to 3, 5, 7 to 10, 12, 13, 15 to 21, 23 to 56.

 

Subsequent stages

 

3.    

Any further Message from the Lords may be considered forthwith without

 

any Question being put.

 

4.    

The proceedings on any further Message from the Lords shall (so far as not

 

previously concluded) be brought to a conclusion one hour after their

 

commencement.

 


 
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