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In section 153(1), the words or falling to be.
In section 224(3), the definition of relevant offence.
In section 227(1)(a), the words , other than a serious offence, .
In section 228 (a) in subsection (1)(b)(ii), the words from or by section 226(3) to the end, and (b) subsection (3)(a) and the word and immediately following it.
In section 229 (a) in subsection (2) the words from the beginning to 18, and (b) subsections (3) and (4).
In section 247 (a) in subsection (2), the word and (at the end of paragraph (a)) and paragraph (b), and (b) subsections (3), (4), (5) and (6)..
Schedules 16 and 17..
Children and Young Persons Act 1969 (c. 54)
Bail Act 1976 (c. 63)
Section 3AA(6) to (10) and (12).. [Steve McCabe.]
14 Any matter which falls within the complaints or deaths remit of the Northern Ireland Commissioner for Prison Complaints (within the meaning of Part 5 of the Criminal Justice and Immigration Act 2008).
The Northern Ireland Commissioner for Prison Complaints.
Part 5 of the Criminal Justice and Immigration Act 2008.
Madam Deputy Speaker (Sylvia Heal): With this it will be convenient to discuss Government amendments Nos. 18 to 40, 87 to 89, 42 to 54, 218, 55, 141, 142, 56 to 64, 108, 65 to 70, 70A, 71 to 75, 109, 110 and 143.
Maria Eagle: I hope not to have to detain the House too long with this group of amendments and the new clause, given that all make minor technical and drafting amendments to the Bill. I am conscious that there are quite a number of them, and am happy to deal with any points that Members wish to make. I am also conscious, however, that later groups of amendments raise other issues on which many Members wish to speak. I hope that it will be understood that I am not showing any disrespect to the House by not going through the detail of every amendment, which I would be happy to do if Members encouraged me to. I assure Members on both sides of the House, however, that the amendments are minor, drafting, technical and consequential changes. I therefore hope that Members on both sides of the House will be pleased to see me sit down as swiftly as I stood up.
Mr. Garnier: It is always a pleasureindeed, a delightto hear the hon. Lady speak in the Chamber. The disrespect to the House was done in the course of the timetable motion. She is wholly acquitted, and can leave this Chamber whenever she likes without a stain on her procedural character. What other problems she and her fellow Ministers suffer from I must leave for discussion with the Chief Whip, but it looks as if he is no longer in his place.
The Under-Secretary of State for Justice, the hon. Member for Liverpool, Garston (Maria Eagle) is, like the Minister of State, Ministry of Justice, the right hon. Member for Delyn (Mr. Hanson), obliging and disarming as always. The sub-heading Miscellaneous, minor and drafting hides a multitude of sins. New clause 3 is not controversial, but I do not think that it can be described as a minor drafting amendment. Neither, if one goes through the several tens of Government provisions in the group, can any one of them be brushed under the carpet as though they were of no account, no importance and unworthy of adequate scrutiny.
Having said that, I know that Governments make mistakes from time to timeand they sometimes even admit that they make them from time to time. The greatest mistake that the Government have made is to create this jumble of a Bill, which has forced them to come forward with these alleged Miscellaneous, minor and drafting provisions. It is not difficult to poke fun at the Government, as they are worthily the subject of ridicule [Interruption.] I recognise that the Minister is intending to be helpful.
I hope that the Government are satisfied with the shambolic way in which they created the Bill. If they had thought about it in a sensible, premeditated and planned way, as opposed to engaging in some sort of legislative doodle, we would not have needed the Miscellaneous, minor and drafting amendments and we could have had an organised progression towards Royal Assent. As it is, we have not been able to do that. Instead, we have 79 provisions to be dealt with under this procedure. It is a pity that any time has been taken up, but it is legitimate to comment that so chaotic are the Government that they have been forced to spend some time advancing these amending provisions. We will not oppose them, but we do not accept that they are unworthy of proper scrutiny at any stage. Clearly, however, arrangements this afternoon do not permit us the time to do anything more than signal our displeasure at the way in which the Bill has been constructed.
Mr. Heath: The hon. and learned Member for Harborough (Mr. Garnier) is absolutely right. I counted 64 provisions, but he counted more, so we differ in our arithmetic; I am sure that he is right and I am wrong. Nevertheless, such a large group of drafting amendments bespeaks the fact that Governments nowadays are quite incapable of drafting Bills properly. They rush them through Committee and they rush them through Report, resulting in mistakes. We end up with criminal justice Bills being brought back time and again to be corrected, either through statutory instrument or by new primary legislation, yet they are presented to us as the acme of excellence, which they are most certainly not. I think that it is a poor way of running the country.
Maria Eagle: I shall resist the provocation to deal with Opposition Members points by going through the details of every amendment, which would defeat the whole object of my attempting to deal quickly with this group. However, I want to take up the point of the hon. and learned Member for Harborough (Mr. Garnier) about new clause 3 and the substantive changes that it makes. I shall explain that alone, as the others are indeed minor technical and drafting amendments. Despite the annoyance expressed, I will not be provoked into going into all the details on this occasion.
New clause 3 and Government amendments Nos. 18 to 40 and 61 to 64 contain minor drafting, technical and consequential changes to parts 4 and 5, which establish the offices of the commissioner for offender management and prisons and the Northern Ireland commissioner for prison complaints. They contain within them a few amendments that reflect a change of policy in respect of Scotland. Let me make it clear that these have been agreed with the Scottish Executive.
In particular, the amendments extend the commissioners remit for investigating deaths to immigration detention premises and immigration custody in Scotland, while safeguarding the roles of the Lord Advocate and procurator fiscal in relation to criminal investigations and the investigation of deaths. Given that the arrangements have been agreed with the Scottish Executive, we are not trying to do anything that would not be approved of in Scotland. The amendments will improve the coherence of the deaths remitthat awful phrasethat the new commissioner will have.
That is the only substantive change made by any of the amendments in the group. I hope that, following my short explanation, Members will accept the amendments so that we can get on with discussing some of the other matters covered by amendments in other groups.
(1) This section applies where, having regard to circumstances which have arisen since a youth offender contract took effect under section 23 above, it appears to the youth offender panel to be in the interests of justice for the referral order (or each of the referral orders) to be revoked.
(c) in relation to an offence committed after the commencement of paragraph 3 of Schedule 1 to the Criminal Justice and Immigration Act 2008, unless he has previously received a youth rehabilitation order with intensive supervision and surveillance under that paragraph...
(2) In the title of section 152 of the Criminal Justice Act 2003 (c. 44) (general restrictions on imposing discretionary custodial sentences), after general restrictions on imposing discretionary custodial sentences insert on offenders aged 18 or above.
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