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Lord Bassam of Brighton: My Lords, I beg to move that the House do not insist on their Amendment No. 44 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 44A and 44B to the words so restored to the Bill.
Moved, That the House do not insist on their Amendment No. 44 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 44A and 44B to the words so restored to the Bill.--(Lord Bassam of Brighton.)
On Question, Motion agreed to.
Lord Bassam of Brighton: My Lords, I beg to move that the House do not insist on their Amendments
Moved, That the House do not insist on their Amendments Nos. 45, 46, 48 and 49 to which the Commons have disagreed for their reasons numbered 45A, 46A, 48A and 49A.--(Lord Bassam of Brighton.)
On Question, Motion agreed to.
Lord Bassam of Brighton: My Lords, I beg to move that the House do not insist on their Amendment No. 50 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 50A to 50F to the words so restored to the Bill.
Moved, That the House do not insist on their Amendment No. 50 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 50A to 50F to the words so restored to the Bill.--(Lord Bassam of Brighton.)
On Question, Motion agreed to.
Lord Bassam of Brighton: My Lords, I beg to move that that the House do not insist on their Amendment No. 76 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 76A to 76C in lieu thereof and Amendments Nos. 76D and 76E to the words so restored to the Bill.
The amendments restore to the Bill the power for the Secretary of State to add to the list of factors that must be taken into account when imposing exclusion orders and exclusion and curfew conditions. They also increase the maximum length of exclusion order requirements to two years rather than 12 months. Other amendments are consequential on the removal from the Bill of the delegated power to alter the maximum length of an exclusion order, an exclusion or curfew condition or another community order, or a drug abstinence order. They simply ensure that the delegated powers which remain are correctly referred to in the right places--that is, the right powers are shown to be subject to negative and affirmative resolution procedures--and those powers which no longer exist are no longer referred to. I beg to move.
Moved, That the House do not insist on their Amendment No. 76 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 76A to 76C in lieu thereof and Amendment Nos. 76D and 76E to the words so restored to the Bill.--(Lord Bassam of Brighton.)
Baroness Blatch: My Lords, I thank the Minister for putting on the face of the Bill the two years' maximum. We fought hard in this House for that provision and so we are grateful for the concession made in another place. Perhaps I may ask the noble Lord to clarify what he has just said. Did he say that he was reinstating the Secretary of State's power to increase maximum sentences? My understanding was that they were to be removed and that the provision to increase the maximum sentence would be on the face of the Bill. That was the argument we put to the noble Lord for deleting the power and taking the advice of the Delegated Powers and Deregulation Committee.
Lord Bassam of Brighton: My Lords, I said that the amendments restore to the Bill the power for the Secretary of State to add to the list of factors that must be taken into account when imposing exclusion orders and exclusion and curfew conditions. I think that the noble Baroness now follows what we are trying to achieve. It certainly reflects the understanding that we thought we had reached.
The amendments accepted in your Lordships' House earlier in the passage of the Bill were moved on the advice of the Delegated Powers and Deregulation Committee. They deleted from the Bill the power of the Secretary of State to alter the maximum period of exclusion orders or exclusion curfew requirements of other community orders and of drug abstinence orders. However, those same amendments inadvertently deleted non-contentious powers that allowed the Secretary of State to add to the list of factors that must be taken into account when imposing exclusion orders and exclusion curfew conditions. Notice was therefore given that it would be necessary to restore these non-contentious powers.
The changes made in another place are designed to meet the wishes of the Delegated Powers and Deregulation Committee, while at the same time
Moved, That the House do not insist on their Amendment No. 76 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 76A to 76C in lieu thereof and Amendments Nos. 76D and 76E to the words so restored to the Bill.--(Lord Bassam of Brighton.)
Baroness Blatch: My Lords, I had misheard the Minister. I am delighted with what he has just said. It represents a sizeable concession. I thank the noble Lord.
On Question, Motion agreed to.
Lord Bassam of Brighton: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 78A and 78B, consequential on Lords Amendment No. 78, to which the Commons have agreed.
Moved, That the House do agree with the Commons in their Amendments Nos. 78A and 78B, consequential on Lords Amendment No. 78, to which the Commons have agreed.--(Lord Bassam of Brighton.).
On Question, Motion agreed to.
LORDS AMENDMENT
44Clause 20, page 9, line 20, leave out subsection (2)
The Commons disagreed to this amendment but proposed the following amendments to the words so restored to the Bill--
44AClause 20, page 9, line 22, leave out ("for") and insert ("of")
44BClause 20, page 9, line 23, after ("local") insert ("probation")
LORDS AMENDMENT
45Clause 20, page 9, line 25, leave out ("or persons so employed")
The Commons disagreed to this amendment for the following reason--
45ABecause the Commons believe that the changes proposed to be made in connection with a chief officer of a local probation board are not appropriate.
LORDS AMENDMENT
46Clause 20, page 9, line 27, leave out ("or person so employed")
The Commons disagreed to this amendment for the following reason--
46ABecause the Commons believe that the changes proposed to be made in connection with a chief officer of a local probation board are not appropriate.
LORDS AMENDMENT
48Clause 20, page 9, line 30, leave out ("and chief probation officers")
The Commons disagreed to this amendment for the following reason--
48ABecause the Commons believe that the changes proposed to be made in connection with a chief officer of a local probation board are not appropriate.
LORDS AMENDMENT
49Clause 20, page 9, line 30, leave out ("or appointed")
The Commons disagreed to this amendment for the following reason--
49ABecause the Commons believe that the changes proposed to be made in connection with a chief officer of a local probation board are not appropriate.
LORDS AMENDMENT
50Leave out Clause 22
The Commons disagreed to this amendment but proposed the following amendments to the words so restored to the Bill--
50AClause 22, page 10, line 35, leave out ("for") and insert ("of")
50BClause 22, page 10, line 35, after ("local") insert ("probation")
50CClause 22, page 10, line 45, after ("local") insert ("probation")
50DClause 22, page 11, line 6, leave out ("for") and insert ("of")
50EClause 22, page 11, line 6, after ("local") insert ("probation")
50FClause 22, page 11, line 12, after ("local") insert ("probation")
LORDS AMENDMENT
76Clause 41, page 24, leave out lines 31 to line 38
The Commons disagreed to this amendment but proposed the following amendments in lieu thereof--
76AClause 41, page 22, line 39, leave out ("one year") and insert ("two years")
76BPage 23, line 5, leave out ("one year") and insert ("two years")
76CPage 81, line 17, leave out ("one year") and insert ("two years")
The Commons further proposed the following amendments to the words so restored to the Bill--
76DClause 41, page 24, line 31, leave out from ("direct") to ("shall") in line 36 and insert ("that section 40A(5) above")
76EPage 24, line 37, leave out ("so specified") and insert ("specified in the order")
LORDS AMENDMENT
78Clause 42, page 26, leave out lines 12 to 15
The Commons agreed to this amendment and have made the following consequential amendments to the Bill--
78AClause 42, page 78, line 23, leave out ("58B(4)")
78BClause 42, page 78, line 30, leave out ("40C(2) or 58B(4)") and insert ("or 40C(2)")
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