| Previous Section | Back to Table of Contents | Lords Hansard Home Page |
Baroness Blatch: I should like, first, to say how grateful I am that the noble Lord has been so constructive about the proposals, albeit that he was critical about them not going far enough. While I am seeking advice, I should say that I do not believe that I can be definitive about the timing of the publication at this moment. However, I understand the noble Lord's
concern that we should have sight of the code of practice, at least in draft form, before the Bill makes much more progress through this House.I should like to comment on a particular concern of the noble Lord; namely, the way in which the code will affect employment. We do not intend to make provision in the code on employment policies because it would in effect mean that we were legislating in order to give former offenders a right not to be unfairly discriminated against. This we cannot do in a code; nor would it be right for central government to dictate to employers in what circumstances they should disregard convictions.
We can of course advise employers, but it must be for them to decide the relevance of a particular conviction for the post in question. The code will therefore deal with administrative matters. That point was queried by the noble Lord, Lord McIntosh. Guidance will of course be issued on employment practices. We believe it is the guidance to employers that will be important. My understanding is that we shall make the code available in draft. I do not know when that will be, but I shall seek more information on that tomorrow and I shall write to the noble Lord.
Lord McIntosh of Haringey: I am grateful for those comments. Before the Minister sits down, and with the leave of the House, I hope she will understand that unless the code of practice is to be available in time for full consideration by another place there may be parliamentary activity--let me put it that way--to ensure that the matter is properly considered. She ought to understand also that I understand her assurances that the code of practice will cover only administrative matters, but if that is the case my honourable friends in another place will want to move a comparable amendment to my Amendment No. 162 to ensure that there are on the face of the Bill adequate protections for previous offenders in employment.
On Question, amendment agreed to.
[Amendment No. 172 not moved.]
Baroness Blatch moved Amendment No. 173:
On Question, amendment agreed to.
[Amendments Nos. 174 and 175 not moved.]
Baroness Blatch moved Amendment No. 176:
The noble Baroness said: My Lords, this was spoken to with Amendment No. 171. I beg to move.
On Question, amendment agreed to.
Baroness Blatch moved Amendments Nos. 177, 178 and 179:
The noble Baroness said: My Lords, these amendments were spoken to with Amendment No. 145. I beg to move Amendments Nos. 177, 178 and 179 en bloc.
On Question, amendments agreed to.
Clause 119 [Rehabilitation of Offenders]:
Baroness Blatch moved Amendment No. 180:
The noble Baroness said: My Lords, Clause 119 is concerned with repealing certain sections of previous legislation, which provide for exceptions to the Rehabilitation of Offenders Act 1974. These amendments complete that process by repealing provisions in the Osteopaths Act 1993 and the Chiropractors Act 1994. It is our intention that these exceptions will be re-applied as part of a consolidated order under the Rehabilitation of Offenders Act. I beg to move.
Lord McIntosh of Haringey: My Lords, I am sorry, but I do not understand those comments. I understand the difference between osteopaths and chiropractors because my wife has had occasion to use both of them, but I do not understand what is being taken out of the Osteopaths Act and the Chiropractors Act. Is it the case that at the moment there is a requirement on osteopaths and chiropractors to employ a significant number of previous offenders? If that is the case, it seems slightly odd as most osteopaths and chiropractors are in private practice and do not employ anyone. If that is the case, is the intention to take out that provision and bring it back in a consolidated order, or is it the case that it is not required to do that at the moment and the intention is to bring it in and then take it out? It is not very clear to me.
Baroness Blatch: My Lords, I understand that it is simply a consolidation measure. The amendment enables provisions in the Osteopaths Act 1993 and the Chiropractors Act 1994 to be re-enacted in a consolidated form in an exceptions order to the Rehabilitation of Offenders Act.
On Question, amendment agreed to.
Baroness Blatch moved Amendment No. 181:
On Question, amendment agreed to.
Baroness Blatch moved Amendment No. 182:
The noble Baroness said: My Lords, I hope that this will be a little more straightforward. The amendment simply applies the commencement provisions in Clause 121(3) to Part IV of the Bill as well as to Parts I and II. This is to allow for the fact that there may, for example, be a need to transfer some existing contractual rights and liabilities from the Home Office to the police information technology organisation. I beg to move.
On Question, amendment agreed to.
Schedule 9 [Minor and Consequential Amendments]:
Baroness Blatch moved Amendments Nos. 183 to 185:
The noble Baroness said: My Lords, these amendments were spoken to with Amendment No. 9. I beg to move.
On Question, amendments agreed to.
Baroness Blatch moved Amendment No. 186:
The noble Baroness said: My Lords, this amendment was spoken to with Amendment No. 4. I beg to move.
On Question, amendment agreed to.
Baroness Blatch moved Amendment No. 187:
The noble Baroness said: My Lords, this amendment was spoken to with Amendment No. 9. I beg to move.
On Question, amendment agreed to.
Baroness Blatch moved Amendment No. 188:
The noble Baroness said: My Lords, this amendment was spoken to with Amendment No. 127. I beg to move.
On Question, amendment agreed to.
Baroness Blatch moved Amendment No. 189:
The noble Baroness: My Lords, this amendment was spoken to with Amendment No. 9. I beg to move.
On Question, amendment agreed to.
Page 44, line 29, leave out from ("Parliament") to end of line 30 and insert ("the code of practice under this section as soon as practicable after publication and after revision.").
Page 44, line 32, leave out ("a code of practice published") and insert ("the code of practice").
Page 45, line 24, leave out ("section or section 104(7)") and insert ("Part").
Page 45, line 25, after ("instrument") insert--
("(2A) A statutory instrument which contains (whether alone or with other provisions) regulations made by virtue of section 104(2B) shall not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.
(2B) A statutory instrument to which subsection (2A) does not apply shall be").
Page 45, line 27, leave out ("section or section 104(7)") and insert ("Part").
Page 49, line 13, at end insert--
("( ) section 39 of the Osteopaths Act 1993;").
Page 49, line 14, at end insert--
("( ) section 40 of the Chiropractors Act 1994.").
Page 49, line 28, leave out ("or II") and insert (", II or IV").
Page 74, line 37, at end insert--
(". In section 39 (liability for wrongful acts of constables), in subsection (4), after "1996" there shall be inserted "or section 23 of the Police Act 1997".").
Page 75, line 19, at end insert--
(". In section 14 of the Police Act (Northern Ireland) 1970 (liability for wrongful acts of members of the police force), in subsection (5), after "Police Act 1996" there shall be inserted "or section 23 of the Police Act 1997".").
Page 75, line 20, leave out ("the Police Act (Northern Ireland) 1970") and insert ("that Act").
Page 77, line 45, at end insert ("and
(b) after "1967" there shall be inserted "or means relevant service within paragraph (ba) or (bb) of section 38A(1) of the said Act of 1967"").
Page 86, line 22, at end insert--
(". In section 88 (liability for wrongful acts of constables), in subsection (5)(b), after "or 98" there shall be inserted "of this Act or section 23 of the Police Act 1997".").
Page 86, leave out lines 36 to 41.
Page 88, line 11, at end insert--
(rdquo;1967 c. 77. Police (Scotland) Act 1967. In section 39(4), the word "or" in the third place where it occurs.")
Next Section
Back to Table of Contents
Lords Hansard Home Page