Select Committee on Delegated Powers and Regulatory Reform Twenty-Seventh Report


1.  The Committee reported on this bill in our 21st (HL Paper 31) and 23rd Reports (HL Paper 144) of this Session.

2.  The Committee has received two letters (with accompanying supplementary memoranda) from Baroness Scotland of Asthal QC, Minister of State at the Home Office, concerning amendments to be considered at Report Stage. The first, dated 27 October and printed at Annex 1 to this Report, explains new provision for a right of prosecution appeal against evidentiary rulings which significantly weaken the prosecution case. It was proposed that the new provision should apply to certain "qualifying offences", the list of which should be amendable by delegated power subject to the negative procedure. A letter in response was sent by the Chairman, on behalf of the Committee, dated 28 October. A copy of the letter is printed at Annex 1 to this Report. The amendment was before the House of Lords on 30 October but not moved (HL Deb, cols. 458-60).

3.  The second letter, dated 31 October and also printed at Annex 1 to this Report, explains new provision relating to, first, the extended sentencing regime for certain firearms offences and, second, the early release of prisoners liable to removal from the United Kingdom. We find the delegation and the level of parliamentary scrutiny (affirmative procedure) in each case to be appropriate.

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