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The Earl of Mar and Kellie moved Amendment No. 41:


Page 75, line 33, at end insert ("but it shall not be an offence to fail to comply with any such requirement.").

The noble Earl said: My Lords I speak also to Amendment No. 42. These amendments relate to the clause providing for the confiscation of alcohol in public places. They were tabled to clarify the situation. In the event of compliance with the police request, no offence is committed. Since tabling the amendments two things have occurred. First, I received a helpful letter from the noble and learned Lord the Lord Advocate--another compliment--explaining that it was not an offence under the 1976 Act, but he went on:


I found that interesting to note. These local by-laws operate mainly in cities. My favourite local authority, the Clackmannanshire Council, is developing a by-law prohibiting drinking in public outdoor places by people of all ages. Other authorities may follow the lead.

That brings me to the most serious and new point. The Bill deals with the possession of alcoholic liquor but not with its consumption. I am sure that it is intended to be aimed at youngsters drinking in public and being a nuisance while doing so, but it does not say so. The Bill allows the police to confiscate unopened cans of beer, alcopops or whatever, which may be in a shopping bag being transported between the child's home and the grandparents' home, being consumed or in a picnic basket and possibly even supervised by a parent. I wonder whether that is the intention of this part of the Bill. I beg to move.

The Earl of Balfour: My Lords, the amendment seriously weakens the powers of the police. I do not believe that that is the kind of thing we want to do.

Lord Mackay of Drumadoon: My Lords, I am grateful to my noble friend for taking the words out of my mouth. I understand why the noble Earl, Lord Mar and Kellie, brings the matter forward, but, unfortunately, the amendments are entirely at odds with the provisions in subsection (3)--

The Earl of Mar and Kellie: My Lords, I must apologise to the House for the wording of the amendments. It was my intention that they should read:


    "but it shall not be an offence to comply with any such requirement".

I appreciate that the wording in the Marshalled List is entirely wrong.

Lord Mackay of Drumadoon: My Lords, if it is entirely wrong, I compliment the noble Earl for acknowledging that and I trust that he will not press the matter. Clearly, the purpose of the provision is not to give people criminal convictions unnecessarily, but to give the police power to deal with a few children who brazenly refuse to comply with requirements, which

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I believe have the vast support of the majority of the population who are concerned about drinking in public on repeated occasions. For whatever reason, I hope that I have persuaded the noble Earl to withdraw the amendment.

The Earl of Mar and Kellie: My Lords, having tabled the wrong amendment, I certainly am persuaded to withdraw it. However, I remain concerned that there will be an issue about unopened bottles of drink if a zealous policeman were pursuing that. I put that forward as a problem for the future and beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Amendment No. 42 not moved.]

Clause 63 [Financial provisions]:

Lord Mackay of Drumadoon moved Amendment No. 43:


Page 76, line 31, at end insert--
("( ) Part XA of the 1995 Act (Scottish Criminal Cases Review Commission) (as inserted by section 24A of this Act);").

The noble and learned Lord said: My Lords, I spoke to this amendment with Amendment No. 22. I beg to move.

On Question, amendment agreed to.

[Manuscript Amendments Nos. 43A and 43B not moved.]

Clause 65 [Short title, commencement and extent]:

[Amendment No. 44 not moved.]

Schedule 1 [Minor and Consequential Amendments]:

Lord Mackay of Drumadoon moved Amendments Nos. 45 to 47:


Page 78, line 3, at end insert--

("The Public Records Act 1958 (c.51)

. In the First Schedule to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3, at the appropriate place insert--
"Scottish Criminal Cases Review Commission.".").
Page 78, line 31, at end insert--
("The Superannuation Act 1972 (c.11)

. In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act may apply), at the end of the list of "Royal Commissions and other Commissions" insert--
"Scottish Criminal Cases Review Commission."
The House of Commons Disqualification Act 1975 (c.24)

. In the House of Commons Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all members are disqualified), at the appropriate place insert--
"The Scottish Criminal Cases Review Commission.".").
Page 78, line 37, at end insert--
("The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)

. In Part I of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (persons ineligible for jury service), in Group B, after paragraph (w) insert--
"(wa) members and employees of the Scottish Criminal Cases Review Commission;".").

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The noble and learned Lord said: My Lords, I spoke to these amendments with Amendment No. 22. I beg to move.

On Question, amendments agreed to.

Lord Mackay of Drumadoon moved Amendment No. 48:


Page 89, line 5, at end insert--
("( ) In section 46 (presumption and determination of age of child)--
(a) in subsection (1), after the word "offence" there shall be inserted the words ", whose age is not specified in the indictment or complaint in relation to that offence,";
(b) in subsection (3) at the beginning there shall be inserted the words "Without prejudice to section 255A of this Act,".").

The noble and learned Lord said: My Lords, the amendment was grouped with Amendment No. 27. I beg to move.

On Question, amendment agreed to.

Lord Mackay of Drumadoon moved Amendment No. 49:


Page 89, leave out lines 31 to 33 and insert--
("( ) In section 63 (appeals by prosecutor in cases involving insanity)--
(a) in subsection (1), paragraph (d) shall cease to have effect;
(b) in subsection (2)(b)(ii), the words "or (d)" shall cease to have effect; and
(c) in subsection (5)(b)--
(i) for the words "or order", in the first place where they occur, there shall be substituted the words "order or disposal"; and
(ii) for the words "or order", in the second place where they occur, there shall be substituted the words "or acquittal".").

The noble and learned Lord said: My Lords, I spoke to this amendment with Amendment No. 24. I beg to move.

On Question, amendment agreed to.

Lord Mackay of Drumadoon moved Amendments Nos. 50 to 53:


Page 90, line 23, at end insert--
("( ) In section 113(2)(c) (recipients of copy of judge's report) for the words "section 124(3) of this Act, to the Secretary of State" there shall be substituted the words "Part XA of this Act, to the Commission".").
Page 90, leave out lines 29 to 31 and insert--
("(16) In section 124 (finality of proceedings and Secretary of State's reference)--
(a) in subsection (1), after "this Part" there shall be inserted the words "or Part XA";
(b) in subsection (2), for the words "subsection (3) below" there shall be substituted the words "Part XA of this Act"; and
(c) subsections (3) to (5) shall cease to have effect.").
Page 91, leave out lines 47 and 48 and insert--
("( ) In section 298 (trial judge's report)--
(a) in subsection (1)(a), after the words "108" there shall be inserted the words ", 108A"; and

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(b) in subsection (2), for the words "section 124(3) of this Act, the Secretary of State" there shall be substituted the words "Part XA of this Act, the Commission".
Page 91, line 49, after ("(interpretation)") insert ("--
(a) after the definition of "Clerk of Justiciary" insert--
"the Commission" has the meaning given by section 194A(1) of this Act;"; and.
(b)")

The noble and learned Lord said: My Lords, these amendments were spoken to with Amendment No. 22. I beg to move.

On Question, amendments agreed to.

Schedule 3 [Repeals]:


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