House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

523

House of Commons

Wednesday 18th July 2007

Proceedings

on Consideration of Lords Amendments

Offender Management Bill

On Consideration of Lords Amendments to the Offender Management Bill

Lords Amendment No. 6

Mr Secretary Straw
Agreed to on division

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

Lords Amendment accordingly disagreed to.

Lords Amendment No. 22

Mr Secretary Straw
Agreed to on division

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

Lords Amendment accordingly disagreed to.

Lords Amendment No. 11

Mr Secretary Straw
Agreed to

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

Lords Amendment accordingly disagreed to.

Proceedings on Consideration of Lords Amendments: 18th July 2007
524

Offender Management Bill, continued

Mr Secretary Straw




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

Agreed to  (a)

Page  3,  line  46,  at end insert:—

‘(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 Amendments 14, 4, 16, 1, 2, 3, 5, 7 agreed to.

Lords Amendment No. 8

Mr Secretary Straw
Agreed to

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

Lords Amendment accordingly disagreed to

Mr Secretary Straw




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

Agreed to  (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
Agreed to

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

Lords Amendment accordingly disagreed to.

Lords Amendment No. 10 agreed to.

Proceedings on Consideration of Lords Amendments: 18th July 2007
525

Offender Management Bill, continued

Lords Amendment No. 12

Mr Secretary Straw
Agreed to

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

Lords Amendment accordingly disagreed to.

Lords Amendment No. 13

Mr Secretary Straw
Agreed to

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

Lords Amendment accordingly disagreed to.

Lords Amendment No. 15 agreed to.

Lords Amendment No. 16

As Amendments to the Lords Amendment:—

Mr Secretary Straw

Agreed to  (a)


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

Agreed to  (b)


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.’.

Agreed to  (c)


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

Agreed to  (d)


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

Agreed to  (e)


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

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

Agreed to  (f)


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)’.

Agreed to  (g)


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

Lords Amendment, as amended, agreed to.

Proceedings on Consideration of Lords Amendments: 18th July 2007
526

Offender Management Bill, continued

Lords Amendments 17 to 21 agreed to.

Lords Amendment No. 23

Mr Secretary Straw
Agreed to

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

Lords Amendment accordingly disagreed to.

Lords Amendments 24 to 34 agreed to.

Lords Amendment No. 35

As an Amendment to the Lords Amendment:—

Mr Secretary Straw

Agreed to on division  (a)


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

Lords Amendment, as amended, Agreed to.

Lords Amendment No. 38

Mr Secretary Straw
Agreed to

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

Lords Amendment accordingly disagreed to.

Lords Amendments 36, 37 and 39 to 56 agreed to.

Lords Amendment No. 47

Mr Secretary Straw


To move the following consequential Amendment to the Bill:—

Agreed to  (a)

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

‘(5)
In this Part “provider of probation services” means—

Proceedings on Consideration of Lords Amendments: 18th July 2007
527

Offender Management Bill, continued

(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)).’.