Previous Section Back to Table of Contents Lords Hansard Home Page



LORDS AMENDMENT
79Clause 45, page 29, leave out lines 14 to 19
The Commons disagreed to this amendment but proposed the following amendments to the words so restored to the Bill--
79AClause 45, page 29, leave out lines 15 to 17
79BClause 45, page 29, line 19, leave out ("so specified") and insert ("specified in the order")

Lord Bassam of Brighton: My Lords, I beg to move that this House do not insist on their Amendment No. 79, to which the Commons have disagreed, but do agree with the Commons in their Amendments Nos. 79A and 79B to the words so restored to the Bill.

Moved, That the House do not insist on their Amendment No. 79, to which the Commons have disagreed, but do agree with the Commons in their Amendments Nos. 79A and 79B to the words so restored to the Bill.--(Lord Bassam of Brighton.)

On Question, Motion agreed to.


LORDS AMENDMENT
80Clause 46, page 30, leave out lines 15 to 20
The Commons disagreed to this amendment but proposed the following amendments in lieu thereof--
80AClause 46, page 29, line 27, leave out ("one year") and insert ("two years")

28 Nov 2000 : Column 1290

80BClause 46, page 81, line 10, leave out ("one year") and insert ("two years")
The Commons further proposed the following amendments to the words so restored to the Bill--
80CClause 46, page 30, leave out lines 16 to 18
80DClause 46, page 30, line 20, leave out ("so specified") and insert ("specified in the order")

Lord Bassam of Brighton: My Lords, I beg to move that the House do not insist on their Amendment No. 80, to which the Commons have disagreed, but do agree with the Commons in their Amendments Nos. 80A and 80B in lieu thereof, and Amendments Nos. 80C and 80D to the words so restored to the Bill.

Moved, That the House do not insist on their Amendment No. 80, to which the Commons have disagreed, but do agree with the Commons in their Amendments Nos. 80A and 80B in lieu thereof, and Amendments Nos. 80C and 80D to the words so restored to the Bill.--(Lord Bassam of Brighton.)

On Question, Motion agreed to.


LORDS AMENDMENT NO. 106
Clause 63, page 43, line 2, at end insert--
("( ) This section shall apply only in cases where the failure to attend school is with the knowledge and consent of the parent or other adult responsible for securing the child's attendance at school.")
The Commons disagreed to this amendment but proposed the following amendments in lieu thereof--
106AClause 63, page 42, line 35, leave out from beginning to ("of") and insert ("In section 444")
106BClause 63, page 42, line 36, leave out from ("school)") to ("is") in line 37 and insert--
("(a) after subsection (1) there is inserted--
"(1A) If in the circumstances mentioned in subsection (1) the parent knows that his child is failing to attend regularly at the school and fails without reasonable justification to cause him to do so, he is guilty of an offence.",.
(b) in subsection (8), for "this section" there is substituted "subsection (1)",
(c) after that subsection there is inserted--
"(8A) A person guilty of an offence under subsection (1A)").
106CClause 63, page 42, line 41, at end insert--
("(8B) If, on the trial of an offence under subsection (1A), the court finds the defendant not guilty of that offence but is satisfied that he is guilty of an offence under subsection (1), the court may find him guilty of that offence").

Lord Bassam of Brighton: My Lords, I beg to move that the House do not insist on their Amendment No. 106, to which the Commons have disagreed, but do agree with the Commons in their Amendments Nos. 106A to 106C in lieu thereof.

Briefly, these provisions will create a new and additional aggravated offence with a maximum penalty at level 4 and/or three months' imprisonment. The current offence under Section 444 would remain unchanged. However, the new and additional aggravated offence would require proof of parental knowledge of truancy and failure without "reasonable justification" to,


    "cause the child to fail to attend regularly at school".

28 Nov 2000 : Column 1291

The failure to appear in court to answer the summons in respect of the aggravated offence would allow the issuing of a warrant to secure attendance.

We have debated these matters at considerable length on earlier occasions. What we have put before noble Lords today are, I believe, the fruits of a common agreement and understanding of the very necessary changes that we seek to make.

I am most grateful to the noble Earl, Lord Russell, for his kind words of commendation for the approach adopted by the Government and I congratulate him on securing what I believe is now a position of common consent between us.

Moved, That the House do not insist on their Amendment No. 106, but do agree with the Commons in their Amendments Nos. 106A to 106C in lieu thereof.--(Lord Bassam of Brighton.)

Earl Russell: My Lords, perhaps I may thank the Minister and, through him, his officials for the care that they have put into this matter. Perhaps I may also congratulate parliamentary counsel on the exactitude with which the agreement reached between us has been embodied. I am fully satisfied and I thank all those involved.

On Question, Motion agreed to.


LORDS AMENDMENT
121Schedule 1, page 46, line 10, at end insert?
("( ) The chief officer is to be appointed by the Board with the approval of the Secretary of State.")
The Commons disagreed to this amendment for the following reason--
121ABecause the Commons believe that the changes proposed to be made in connection with a chief officer of a local probation board are not appropriate.

Lord Bassam of Brighton rose to move, That the House do not insist on their Amendment No. 121 to which the Commons have disagreed for their reason numbered 121A, but propose the following amendment in lieu thereof--


121BSchedule 1, page 46, line 15, at end insert--
("( ) Regulations made by virtue of sub-paragraph (4) and coming into force on or after the coming into force of section 4 must make provision--
(a) for the selection procedure for the chairman, the chief officer and the other members of the board who are to be appointed by the Secretary of State to include selection panels,
(b) in the case of the chief officer, for the board to be represented on any selection panel making a final recommendation to the Secretary of State.")

Moved, That the House do not insist on their Amendment No. 121, to which the Commons have disagreed for their reason numbered 121A, but propose Amendment No. 121B in lieu thereof.--(Lord Bassam of Brighton.)

Lord Dholakia rose to move, as an amendment to the Motion that the House do not insist on their

28 Nov 2000 : Column 1292

Amendment No. 121, to which the Commons have disagreed for their reason numbered 121A, and do agree to Amendment No. 121B in lieu thereof--


121CLeave out the words after "House" and insert "do insist on their Amendment No. 121".

Lord Dholakia: My Lords, I beg to move Amendment No. 121C.

5.15 p.m.

On Question, Whether the said amendment (No. 121C) shall be agreed to?

Their Lordships divided: Contents, 116; Not-Contents, 139.

Division No. 1

CONTENTS

Ackner, L.
Addington, L.
Arran, E.
Attlee, E.
Avebury, L.
Baker of Dorking, L.
Barker, B.
Blatch, B.
Brabazon of Tara, L.
Bradshaw, L.
Brookeborough, V.
Byford, B.
Campbell of Alloway, L.
Campbell of Croy, L.
Carlisle of Bucklow, L.
Carnegy of Lour, B.
Clement-Jones, L.
Colwyn, L.
Cope of Berkeley, L.
Cox, B.
Crickhowell, L.
Cuckney, L.
Cumberlege, B.
Dholakia, L. [Teller]
Dixon-Smith, L.
Dundee, E.
Elliott of Morpeth, L.
Elton, L. [Teller]
Erroll, E.
Ezra, L.
Falkland, V.
Ferrers, E.
Fookes, B.
Gardner of Parkes, B.
Glentoran, L.
Goodhart, L.
Gray of Contin, L.
Greaves, L.
Hamwee, B.
Hanham, B.
Harris of Greenwich, L.
Harris of High Cross, L.
Harris of Richmond, B.
Holderness, L.
Hurd of Westwell, L.
Hylton, L.
Jopling, L.
Kimball, L.
Knight of Collingtree, B.
Laird, L.
Lane of Horsell, L.
Lester of Herne Hill, L.
Linklater of Butterstone, B.
Liverpool, E.
Lyell, L.
McColl of Dulwich, L.
Mackay of Ardbrecknish, L.
Mackay of Clashfern, L.
Mackie of Benshie, L.
McNally, L.
Mar and Kellie, E.
Marlesford, L.
Methuen, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montrose, D.
Murton of Lindisfarne, L.
Newby, L.
Noakes, B.
Northbrook, L.
Northesk, E.
Northover, B.
O'Cathain, B.
Onslow, E.
Parkinson, L.
Phillips of Sudbury, L.
Prior, L.
Razzall, L.
Redesdale, L.
Rennard, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Roper, L.
Russell, E.
Sandberg, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sharman, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Shutt of Greetland, L.
Skelmersdale, L.
Smith of Clifton, L.
Soulsby of Swaffham Prior, L.
Stodart of Leaston, L.
Taverne, L.
Taylor of Warwick, L.
Tenby, V.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Tordoff, L.
Trefgarne, L.
Vivian, L.
Waddington, L.
Walker of Worcester, L.
Walmsley, B.
Wilcox, B.
Williams of Crosby, B.
Windlesham, L.
Young, B.

NOT-CONTENTS

Acton, L.
Ahmed, L.
Allenby of Megiddo, V.
Alli, L.
Amos, B.
Andrews, B.
Archer of Sandwell, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Bach, L.
Barnett, L.
Bassam of Brighton, L.
Bernstein of Craigweil, L.
Billingham, B.
Blackstone, B.
Blease, L.
Borrie, L.
Bragg, L.
Brennan, L.
Brett, L.
Briggs, L.
Brooke of Alverthorpe, L.
Burlison, L.
Carnarvon, E.
Carter, L. [Teller]
Chandos, V.
Clarke of Hampstead, L.
Clinton-Davis, L.
Cocks of Hartcliffe, L.
Cohen of Pimlico, B.
Craig of Radley, L.
Crawley, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Thornton-le-Fylde, B.
Desai, L.
Dixon, L.
Donoughue, L.
Dubs, L.
Elder, L.
Evans of Parkside, L.
Evans of Watford, L.
Falconer of Thoroton, L.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Filkin, L.
Fyfe of Fairfield, L.
Gale, B.
Gibson of Market Rasen, B.
Goldsmith, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Grenfell, L.
Hardy of Wath, L.
Harris of Haringey, L.
Harrison, L.
Haskel, L.
Hayman, B.
Hilton of Eggardon, B.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Irvine of Lairg, L. (Lord Chancellor)
Janner of Braunstone, L.
Jay of Paddington, B. (Lord Privy Seal)
Jenkins of Putney, L.
Judd, L.
Kennedy of The Shaws, B.
Kirkhill, L.
Layard, L.
Lea of Crondall, L.
Lipsey, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Longford, E.
Macdonald of Tradeston, L.
McIntosh of Haringey, L. [Teller]
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Mallalieu, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Merlyn-Rees, L.
Mishcon, L.
Mitchell, L.
Molloy, L.
Morris of Castle Morris, L.
Morris of Manchester, L.
Nicol, B.
Paul, L.
Peston, L.
Plant of Highfield, L.
Powell of Bayswater, L.
Prys-Davies, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rendell of Babergh, B.
Richard, L.
Richardson of Calow, B.
Rogers of Riverside, L.
Sainsbury of Turville, L.
Sawyer, L.
Scotland of Asthal, B.
Sewel, L.
Shepherd, L.
Sheppard of Liverpool, L.
Shore of Stepney, L.
Simon, V.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Symons of Vernham Dean, B.
Taylor of Blackburn, L.
Taylor of Gryfe, L.
Thornton, B.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Varley, L.
Walker of Doncaster, L.
Warner, L.
Warwick of Undercliffe, B.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wilkins, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Winston, L.
Woolmer of Leeds, L.

Resolved in the negative, and amendment disagreed to accordingly.

28 Nov 2000 : Column 1294

5.26 p.m.

On Question, Motion No. 121B agreed to.


Next Section Back to Table of Contents Lords Hansard Home Page