Select Committee on Delegated Powers and Deregulation Twenty-Eighth Report



TWENTY-EIGHTH REPORT


27 SEPTEMBER 2000


By the Select Committee appointed to report whether the provisions of any bill inappropriately delegate legislative power, or whether they subject the exercise of legislative power to an inappropriate degree of parliamentary scrutiny; to report on documents laid before Parliament under section 3(3) of the Deregulation and Contracting Out Act 1994 and on draft orders laid under section 1(4) of that Act; and to perform, in respect of such documents and orders, the functions performed in respect of other instruments by the Joint Committee on Statutory Instruments.

ORDERED TO REPORT

CRIMINAL JUSTICE (MODE OF TRIAL) (NO. 2) BILL

1. The only power in this bill is a simple commencement power.

CRIMINAL JUSTICE AND COURT SERVICES BILL - GOVERNMENT AMENDMENTS FOR COMMITTEE STAGE

INTRODUCTION

2. The Committee reported on this bill in its 22nd Report[1] (28 June) and a number of the Government's amendments relate to matters discussed in that Report. A marshalled list is not yet available, and this Report refers to the amendments up to and including sheet HL Bill 83(d). In addition, the Government made available in time for the Committee's meeting on 27 September a draft amendment inserting a new Schedule, together with a memorandum by the Home Office on the powers in it. The memorandum is printed in the Annex to this report.

3. The Committee sees no need refer to the amendments listed in HL Bill 83(a) and HL Bill 83(b). In HL Bill 83(c) the amendment to clause 59 corrects a mistake (as it stands the clause does not say who is to make the regulations) and we discuss the amendments to page 78 below. In HL Bill 83(d) the relevant amendments are those to clauses 41, 42, 45 and 46 and the amendments to page 76 line 7, page 76 line 35 and page 82 line 17; all these are discussed below.

HENRY VIII POWERS

4. In its 22nd Report the Committee drew attention to the powers in clauses 41, 42, 45 and 46, commenting that each allowed for the amendment of the bill to increase the severity of a sentencing power. The Committee recommended that those powers should be omitted but that if they were to remain, they should be subject to affirmative procedure. The amendments to page 78 lines 20, 21, 22 and 24 have the effect that all those powers would be subject to affirmative procedure.

5. The amendments to clause 41, 42, 45 and 46 extend the powers discussed above. The amendments allow any order under those powers to make consequential amendments to Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 which provides for the enforcement of orders made under the sentencing power which the order amends.

6. The Committee wishes to remind the House of its earlier comments on the powers in clauses 41, 42, 45 and 46. We remain of the opinion that an increase in the severity of a sentencing power should only be made by primary legislation but if those powers are to remain in the bill, the amendments applying affirmative procedure are necessary. We see no need to comment on the extension of the powers to allow consequential amendments to be made to Schedule 3 to the Act.

7. There are two further amendments which extend sentencing powers to allow consequential amendments to be made to Schedule 3 to the Act. The first is the amendment to page 76 line 7 (HL Bill 83(d)) which amends section 40 of the Act. Subsection(2)(a) is the power to alter the statutory time restrictions which apply to curfew orders. It was this power (and the negative procedure applying to it) that the Home Office witnesses relied on in their oral evidence to the Committee on 28 June[2] as the justification for the powers in clauses 41, 42, 45 and 46. The amendment to page 78, line 22 (HL Bill 83(c)) applies affirmative procedure to this power, which the Committee welcomes. The Committee sees no need to comment on the extension of the power to allow consequential amendments to Schedule 3 to the Act.

8. The final amendment extending a power so as to allow consequential amendments to be made to Schedule 3 is that to page 76, line 35(HL Bill 83(d)). Clause 48(2) inserts paragraph 1(1A) in Schedule 3 which allows an order to extend the special enforcement procedures in the Schedule to drug treatment and testing orders. In its 22nd Report the Committee discussed this power, which is subject to affirmative procedure and suggested that negative procedure would be appropriate. No change is proposed by the Government to the Parliamentary control but the Committee considers affirmative procedure more appropriate now that the power is to be extended to allow consequential amendments to be made.

New schedule 4A

9. As we have already mentioned, the Committee was able to consider only a draft of this amendment, which was distributed at the Committee's meeting. The powers in this Schedule are covered fully in the Home Office memorandum. The Committee sees no need to draw any of these powers to the attention of the House.

RECOMMENDATION

10. The Committee wishes to remind the House of its earlier comments on the powers in clauses 41, 42, 45 and 46 which are affected by the amendments. There is nothing else in the Government amendments which it wishes to draw to the attention of the House.[3]


1   HL Paper 83. Back

2   Printed with our 22nd report. Back

3   This report is also published on the Internet at the House of Lords Select Committee Home Page (http://www.parliament.uk), where further information about the work of the Committee is also available. Back


 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000