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(b) having been transferred there, or responsibility for his detention and release having been transferred there, under any similar provision or arrangement from any other country or territory.”’.
No. 151, page 291, line 32, at end insert—
‘32I In section 273 (life prisoners transferred to England and Wales), after subsection (4) insert—
“(5) The reference in subsection (2)(b) above to a person who has been transferred to England and Wales in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in England and Wales in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).”’.— [Mr. Blizzard.]
Amendments made: No. 143, page 295, line 40, leave out paragraph 8.
No. 226, in page 296, line 21, at end insert—
Appeals against conviction etc.
10A (1) The amendments made by sections 26 and 28 apply in relation to an appeal under Part 1 of the Criminal Appeal Act 1968 (c. 19) if the proceedings on appeal begin on or after the date on which those sections come into force.
(2) For the purposes of this paragraph, the proceedings on appeal begin—
(a) if the appellant appeals with leave of the Court of Appeal, on the date the application for leave is served on the Crown Court officer,
(b) if the judge of the court of trial grants a certificate that the case is fit for appeal—
(i) on the date the application for the certificate is served on the Crown Court officer or, in the case of an oral application, on the date the application is made to the judge, or
(ii) in a case where a certificate is granted without any application being made, on the date the certificate is granted, or
(c) if the Criminal Cases Review Commission refer the case to the Court of Appeal under Part 2 of the Criminal Appeal Act 1995 (c. 35), on the date the reference is made.
(3) In this paragraph, references to service on the Crown Court officer are to be read in accordance with the Criminal Procedure Rules 2005 (S.I. 2005/384).
10B (1) The amendments made by sections 27 and 29 apply in relation to an appeal under Part 1 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) if the proceedings on appeal begin on or after the date on which those sections come into force.
(2) For the purposes of this paragraph, the proceedings on appeal begin—
(a) if the appellant appeals with leave of the Court of Appeal, on the date the application for leave is served on the proper officer,
(b) if leave to appeal is not required, on the date notice of appeal is served on the proper officer,
(c) if the judge of the court of trial grants a certificate that the case is fit for appeal—
(i) on the date the application for the certificate is made to the court of trial or lodged with the proper officer, or
(ii) in a case where a certificate is granted without any application being made, on the date the certificate is granted, or
(d) if the Criminal Cases Review Commission refer the case to the Court of Appeal under Part 2 of the Criminal Appeal Act 1995 (c. 35), on the date the reference is made.
(3) In this paragraph, “the proper officer” has the same meaning as in the Criminal Appeal (Northern Ireland) Rules 1968 (S.R & O (N.I.) 1968/218).
10C (1) The amendment made by section 30 applies in relation to an appeal under Part 9 of the Criminal Justice Act 2003 (c. 44) if the proceedings on appeal begin on or after the date on which that section comes into force.
(2) For the purposes of this paragraph, the proceedings on appeal begin—
(a) if the prosecution appeals with leave of the Crown Court judge, on the date the application for leave is served on the Crown Court officer or, in the case of an oral application, on the date the application is made, or
(b) if the prosecution appeals with leave of the Court of Appeal, on the date the application for leave is served on the Crown Court officer.
(3) In this paragraph, references to service on the Crown Court officer are to be read in accordance with the Criminal Procedure Rules 2005 (S.I.2005/384).
10D (1) The amendment made by section 31 applies in relation to an appeal under Part IV of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I.9)) if the proceedings on appeal begin on after the date on which that section comes into force.
(2) For the purposes of this paragraph, the proceedings on appeal begin—
(a) if the prosecution appeals with leave of the Crown Court judge, on the date the application for leave is made,
(b) if the prosecution appeals with leave of the Court of Appeal, on the date the application for leave is served on the proper officer, or
(c) if leave to appeal is not required, on the date the prosecution informs the Crown Court judge that it intends to appeal.
(3) In this paragraph, “the proper officer” has the same meaning as in the Criminal Appeal (Prosecution Appeals) Rules (Northern Ireland) 2005 (S.R (N.I.) 2005/159).’.
No. 152, page 299, line 32, at end insert—
‘22A The amendment made by section (Delivery of prisoner to place abroad for purposes of transfer out of the United Kingdom) does not apply to warrants under section 1 of the Repatriation of Prisoners Act 1984 issued before the commencement of that section.’.
No. 114, page 300, line 4, leave out ‘140(6)(a)’ and insert
‘140(6A)(a) in its application in relation to England and Wales’.— [Mr. Blizzard.]
Amendments made: No. 77, page 307, column 2, leave out lines 6 and 7.
No. 78, page 307, column 2, leave out lines 27 and 28.
No. 79, line 29, column 2, leave out ‘subsections (2) and (3)’ and insert ‘subsections (3) and (3A)’.
No. 80, line 31, column 2, leave out ‘paragraphs (b) and (c)’ and insert ‘paragraph (b)’.
No. 81, line 47, at end insert—
‘Armed Forces Act 2006 (c. 52) | In Schedule 16, paragraph 225.’. |
No. 153, page 310, line 18, at end insert—
‘Repatriation of Prisoners Act 1984 (c. 47) | In section 1(4)(b) the words “under this Act”. |
Section 3(10). | |
In section 8(1) the word “and” after the definition of “order”.’. |
No. 154, page 310, line 18, at end insert—
‘Police and Justice Act 2006 (c.48) | Section 44(4).’. |
Amendment made: No. 155, in title, line 8, after ‘penalties;’ insert
‘to amend the Repatriation of Prisoners Act 1984;’.— [Mr. Blizzard.]
8.13 pm
Mr. Hanson: I beg to move, That the Bill be now read the Third time.
I thank hon. Members on both sides of the House for their contribution both in Committee and on the Floor of the House today— [Interruption.]
Madam Deputy Speaker: Order. Will Members who do not wish to participate in the Third Reading of the Bill please leave the Chamber quickly and quietly?
Mr. Hanson: I pay particular tribute to the Opposition spokesmen, the hon. and learned Member for Harborough (Mr. Garnier) and the hon. Members for Somerton and Frome (Mr. Heath), for Enfield, Southgate (Mr. Burrowes) and for Cambridge (David Howarth). They have led for their parties both in Committee and on the Floor of the House, and I hope that they have seen some fruits from their labour. I thank the Under-Secretary of State for Justice, my hon. Friend the Member for Liverpool, Garston (Maria Eagle), and the Under-Secretary of State for the Home Department, my hon. Friend the Member for Gedling, for their support in Committee—
Miss Widdecombe: On a point of order, Madam Deputy Speaker. I note that we have about half an hour for Third Reading. Large groups of amendments have already gone completely undebated, and a Minister had to gallop through and not give any rationale for some amendments in order to facilitate debate. On a very major amendment, we did get a vote but had very restricted debate. Other major amendments, particularly the group introduced by the Under-Secretary of State for Justice, the hon. Member for Liverpool, Garston (Maria Eagle), have not even been discussed. This is an important Bill, and I would be grateful to know whether it is your view that we, as Back Benchers with the right to scrutinise legislation, have had a fair crack of the whip.
Madam Deputy Speaker: The occupant of the Chair is governed by the decisions taken earlier today when the programme motion was agreed. The right hon. Lady’s comments are none the less on the record.
Mr. Gerald Howarth (Aldershot) (Con): Further to that point of order, Madam Deputy Speaker. In supporting my right hon. Friend the Member for Maidstone and The Weald (Miss Widdecombe), I also believe that it is a contempt of Parliament that so little time should have been—
Madam Deputy Speaker: Order. The hon. Gentleman’s point follows on from that of his right hon. Friend, and I have already ruled on that point of order.
Mr. Howarth: May I then ask you to be kind enough to convey to Mr. Speaker the fact that many Members believe that it is in contempt of Parliament that so little time has been made available? Speaker Lenthall stood out against an overbearing Government, so will Mr. Speaker stand out against this overbearing Government?
Madam Deputy Speaker: Order. Mr. Speaker reads a copy of Hansard each and every morning, so the hon. Gentleman’s comments will be relayed to him.
Mr. Hanson: When Mr. Speaker looks at those comments, Madam Deputy Speaker, he will see that the hon. Member for Aldershot (Mr. Howarth) was not present during the whole of today’s debate.
Mr. Hanson: I give way to my hon. Friend.
Fiona Mactaggart: I was present during our debate and the Minister will be aware that this is the first time in five years that the House has been in a position to reform the prostitution laws, which the Bill is designed to do. In an era when hundreds of thousands of women are trafficked into sexual slavery, face daily rape and even murder, it has to be said that the Bill does not deal sufficiently with those problems. Will the Minister take an early opportunity to legislate to tackle the demand for prostitution? Sweden has shown that it works and we should follow its lead.
Mr. Hanson:
I am grateful to my hon. Friend for raising that point. Like her, I am sorry that we did not have sufficient time to debate those matters today. Tomorrow, the Under-Secretary of State for the Home Department, my hon. Friend the Member for Gedling (Mr. Coaker), along with the Solicitor-General and the Under-Secretary of State for Work and Pensions, my hon. Friend the Member for Stevenage (Barbara Follett), are visiting Sweden as part of a six-month review of the demand side of prostitution. I can assure my hon. Friend the Member for Slough (Fiona Mactaggart) that those Ministers are conducting the review fully and, I hope, speedily. I expect the review to
conclude in no more than six months, and we hope to announce the outcome as soon as possible with a view to legislating as necessary in the next Session.
I should like to pay tribute to my hon. Friend for her work on prostitution. I fully recognise that we need to tackle the demand for it, as well as continue to take action against the vile trade of human trafficking. I know that these issues are of great concern to Members. It is time for a real debate on those issues; it is time for change; it is time for further—
Madam Deputy Speaker: Order. I remind hon. Members that a Third Reading debate should be about the contents of the Bill under consideration.
Mr. Hanson: I accept that, Madam Deputy Speaker. I am simply responding to the intervention of my hon. Friend the Member for Slough and explaining that it is our firm intention to consider introducing legislation at an early opportunity in order to take that agenda forward.
Mr. Gerald Howarth: The Minister accused me of not being present during much of the earlier debate. That is perfectly true, as I had an appointment at the Ministry of Defence, having been invited by a Government official. I came here specifically to support my right hon. Friend the Member for Maidstone and The Weald (Miss Widdecombe), and I have to say that what the Minister has just said is a travesty. The hon. Member for Slough (Fiona Mactaggart) was unable to debate the issue of prostitution as she wanted to. Furthermore, we were told by the Under-Secretary of State for Justice, the hon. Member for Liverpool, Garston (Maria Eagle)—I would like the Minister to confirm this—that the Government are apparently going to introduce, either in this Bill or in some other measure, a law to repeal the blasphemy provisions. Will he confirm whether that will be done in this Bill? Will he confirm whether the Government have made up their minds on the matter before consulting the Church of England? Parliament has not had the opportunity to debate it.
Mr. Deputy Speaker (Sir Alan Haselhurst): Order. The House needs to get back to the idea that we should be conducting a traditional Third Reading debate. Mrs. Heal has already made it clear that that requires the debate to be focused on what is in the Bill at this stage. I cannot begin to anticipate what might be done in other ways in other Bills in other places— [Interruption.] Order. My ruling applies across the House—to the Minister and all Members.
Mr. Hanson: Thank you, Mr. Deputy Speaker.
Dr. Brian Iddon (Bolton, South-East) (Lab) rose—
John Bercow: Will the Minister give way?
Mr. Hanson: I cannot give way to three Members at once. The hon. Member for Buckingham (John Bercow) should know that.
In response to the hon. Member for Aldershot, let me simply say that my hon. Friend the Under-Secretary of State for the Home Department gave a commitment today that the issue would be considered in another place very shortly in the context of blasphemy legislation. I will now give way to my hon. Friend the Member for Bolton, South-East (Dr. Iddon).
Dr. Iddon: I am grateful to my right hon. Friend. I am also grateful for the fact that we are to have a much-needed full debate on the issue of prostitution, which is of great concern to me for constituency reasons. May I ask him, however, whether he would be prepared to remove the relevant clauses from the Bill as it is today and transfer them to the final Bill? We have not discussed them on this occasion, and some of us would certainly have objected to clause 105. Removing them from this Bill and proposing them in, I understand, the fourth session of this Parliament would allow us a full debate on the whole subject of prostitution, and enable us to get the law absolutely right this time.
Mr. Hanson: As my hon. Friend will know, the issue of prostitution is not currently in the Bill in terms of the proposals from my hon. Friend the Member for Slough (Fiona Mactaggart), but I have already said that my hon. Friend the Under-Secretary of State for the Home Office is considering these matters and will report to the House in due course. I will now give way to the hon. Member for Buckingham.
John Bercow: I am grateful to the Minister. Thankfully, in my view, clause 107, which creates the offence of homophobic hate crime, remains unamended in the Bill. On the assumption that that continues to be the case after the other place has considered these matters, can the Minister tell us roughly how soon the Government expect to be able to issue the invaluable guidance to which they have already committed themselves?
Mr. Hanson: I am grateful for the hon. Gentleman’s support for those measures. I think that they are supported across Government and the Opposition, and I am pleased that my colleagues were able to introduce them. We are working at official level to complete the process as speedily as possible, subject to the consideration of another place and to Royal Assent.
Mr. Hanson: I will give way to my hon. Friend, but I must then make some progress.
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