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Lord Cope of Berkeley: My Lords, the Minister has been his usual courteous self in responding to the debate. I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn. [Amendments Nos. 3 and 4 not moved.]

Lord Dubs: My Lords, I beg to move that this Bill do now pass. I thank all noble Lords who have contributed to tonight's debate and to the debates at the earlier stages of the Bill. We have had a good chance to scrutinise the Bill and policing in Northern Ireland. I am grateful to the many noble Lords who have played their part in those debates.

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Moved, That the Bill do now pass.--(Lord Dubs.)

Lord Cope of Berkeley: My Lords, I endorse what the Minister has said. I thank him for the way that he has conducted the debates. I also thank his officials for the support that they have obviously given him to enable him to give such excellent replies.

Lord Molyneaux of Killead: My Lords, perhaps I may add to what the noble Lord has said by way of thanks for and appreciation of the understanding that the Minister has shown, particularly in the light of some of my facetious contributions.

On Question, Bill passed.

Crime and Disorder Bill [H.L.]

10.42 p.m.

Consideration of Commons amendments resumed.

COMMONS AMENDMENT

15
Clause 35, page 26, line 22, after ("the") insert ("persons and").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 15. I shall speak to Amendments Nos. 15, 16, 18, 22, 24, 25, 26, 28 and 29. The Government wish to ensure that the duties contained in Clauses 35 to 37 for providing youth justice services and youth offending teams and the formulation of an annual youth justice plan secure the input of both police authorities and chief officers of police.

Amendments Nos. 15, 16, 25 and 26 therefore provide that, alongside police authorities, probation committees and health authorities, chief officers of police are placed under a duty under Clause 35(2) to co-operate with local authorities in securing the availability of the youth justice services set out in Clause 35(3), and are entitled under Clause 37(2) to be consulted by local authorities on youth justice plans.

Amendments Nos. 18, 22 and 24 provide that the duty under Clause 36(3) to co-operate with local authorities in establishing youth offending teams should be put on chief officers of police rather than police authorities. This recognises the operational nature of decisions about the deployment of police officers.

Taking into account those changes, Amendment No. 28 includes chief officers of police, together with local authorities, police authorities, probation committees and health authorities within the relevant authorities from which the YJB will be able to obtain information for the purposes of monitoring and advisory functions under Clause 38(5) and, if necessary, a report on the discharge of the new duties under Clause 38(8). Amendment No. 29 defines chief officer of police. These amendments underline the role which both police authorities and chief officers of police will need to play if the new structure is to be delivered.

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I turn to Amendments Nos. 17, 19, 20, 21 and 23. Clause 37 requires local authorities to draw up an annual youth justice plan setting out how youth justice services and youth offending teams are to be provided and funded. Under the Bill as currently drafted, each agency will pay directly for its own staff seconded to the youth offending teams and for the services and other resources it makes available. The youth justice plan will therefore amount to a combined inter-agency budget.

The Government believe that there is value in allowing local authorities and the other agencies greater flexibility in the way in which youth offending teams and youth justice services can be funded. This means enabling the local agencies to contribute to a pooled budget or common fund. This will assist effective inter-agency working and help strengthen the joint ownership of the youth offending team arrangements, which will be important to their successful operation.

Amendments Nos. 17 and 23 to Clauses 35 and 36 will therefore allow local authorities with social services and education responsibilities--together with the police, probation committees and health authorities--to make payments towards expenditure incurred in the provision of youth justice services and by, or for the purposes connected with, youth offending teams, by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.

Amendments Nos. 19, 20 and 21 to Clause 36 will allow scope for the fund to be held by one or more local authorities. There will not be a requirement that a common fund is established or that, where one is, apart from the local authority, all the relevant local agencies must participate. That will be a matter for them to determine.

Amendments Nos. 27, 30 and 116 are technical. Amendment No. 27 amends subsection (6)(a) of Clause 38 to make clear that an order under that subsection amending the functions of the youth justice board may add a new function or remove an existing one, as well as altering an existing function of the board. By virtue of subsection (3) of Clause 101, such an order will be subject to affirmative resolution. Amendment No. 30 amends subsection (2) of Clause 42.

Amendment No. 116 amends paragraph 11 of Schedule 2 to clarify the authority of the Secretary of State to fund the YJB. Amendment No. 148 amends the Superannuation Act 1972. It is consequential.

Amendments Nos. 149, 150 to 154, 176 and 177 are consequential changes to existing legislation.

Moved, That the House do agree with the Commons in their Amendment No. 15.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

16
Clause 35, page 26, line 26, after ("every") insert ("chief officer of police or").
17
Page 26, line 31, at end insert--
("( ) The local authority and every person or body mentioned in subsection (2) above shall have power to make payments towards expenditure incurred in the provision of youth justice services--

22 Jul 1998 : Column 992


(a) by making the payments directly; or
(b) by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.").
18
Clause 36, page 27, line 20, after ("the") insert ("persons and").
19
Page 27, line 24, after ("so") insert--
("(a)")
20
Page 27, line 24, after ("section") insert ("(except subsection (3A)(b))").
21
Page 27, line 26, at end insert ("and
(b) the reference in subsection (3A)(b) to the local authority shall be construed as a reference to one of the authorities.").
22
Page 27, line 28, leave out ("police authority") and insert ("chief officer of police").
23
Page 27, line 33, at end insert--
("(3A) The local authority and every person or body mentioned in subsection (3) above shall have power to make payments towards expenditure incurred by, or for purposes connected with, youth offending teams--
(a) by making the payments directly; or
(b) by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.").
24

Page 27, line 44, after ("the") insert ("persons and").
25
Clause 37, page 28, line 9, after ("relevant") insert ("persons and").
26
Page 28, line 17, leave out ("bodies" means the") and insert ("persons and bodies" means the persons and").
27
Clause 38, page 29, line 25, leave out ("extend, restrict or otherwise") and insert ("add to, subtract from or").
28
Page 29, line 46, after second ("authority,") insert ("a chief officer of police,").
29
Clause 39, page 30, line 3, at end insert--
(""chief officer of police" has the meaning given by section 101(1) of the Police Act 1996;").
30
Page 30, line 16, at end insert ("and the Inner Temple and the Middle Temple form part of the City of London").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 16 to 30.

Moved, That the House do agree with the Commons in their Amendments Nos. 16 to 30.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

COMMONS AMENDMENT

31
Clause 44, page 34, line 34, at end insert--
("(1A) Where a person is remitted under subsection (1) above--
(a) he shall have no right of appeal against the order of remission;
(b) the remitting court shall adjourn proceedings in relation to the offence; and
(c) subsections (1B) and (1C) below shall apply.
(1B) The following, namely--
(a) section 128 of the 1980 Act; and
(b) all other enactments (whenever passed) relating to remand or the granting of bail in criminal proceedings,
shall have effect in relation to the remitting court's power or duty to remand the person on the adjournment as if any reference to the court to or before which the person

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remanded is to be brought or appear after remand were a reference to the court to which he is being remitted ("the other court").
(1C) The other court may deal with the case in any way in which it would have power to deal with it if all proceedings relating to the offence which took place before the remitting court had taken place before the other court.").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 31.

I shall speak also to Amendments Nos. 32, 128 and 146. These are technical amendments. Amendments Nos. 31, 128 and 146 are related. They clarify Clause 44(1). Amendment No. 32 affects Clause 46, which gives certain powers to single justices. It removes the power to determine mode of trial because it is already possessed by virtue of Section 18(5) of the Magistrates' Courts Act 1980.

Moved, That the House do agree with the Commons in their Amendment No. 31.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.


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