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Baroness Blatch: If it is a devolved matter, why are we doing it? It seems extraordinary, if it is devolved. My understanding was that the noble Lord said it was devolved; but before that he said that the Scottish

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Parliament had approved amendments that we were now going to enact. He did not refer to the issue of a Scottish election taking place while the Bill is in its very early stages. Do both the outgoing and the incoming Scottish Parliament approve of the amendments?

Lord Skelmersdale: Before the noble Lord answers that point, how can he say that this is a devolved matter when Clause 127(5) on page 66 of the Bill states:


    "For the purposes of the Scotland Act 1998 . . . this Act is to be taken to be a pre-commencement enactment"?

In other words, it takes it out of the Scotland Act.

Lord Bassam of Brighton: This is a matter which we are working through with the consent of the Scottish Parliament. There has been a Sewel Motion in Scotland. To pick up the point made by the noble Baroness, Lady Blatch, new Scottish Ministers have yet to be appointed, so they cannot, de facto, have approved this approach. However, it did receive the approval of Scottish Ministers before the most recent set of elections.

Baroness Blatch: I am sorry to come back once more on this point, but if there has been a Sewel Motion my understanding is that this must be a matter reserved to the UK Parliament, and that the UK Parliament will pass the primary legislation, with the approval, by means of a Sewel Motion, of the Scottish Parliament. It cannot be a devolved matter.

Lord Bassam of Brighton: I think, considering the hour, we do not really need to go into great detail. We are happy to come back to the issue, but I have given an explanation which I believe satisfies the points that have been asked. The noble Baroness is sometimes difficult to satisfy but I have explained the process, and I think I have explained it with some clarity.

Lord Astor of Hever: I am partly grateful to the Minister for his response. I was concerned when he said that the amendments had minor errors. We were asked to table them by the Law Society of Scotland and I would be surprised if they contained errors. I understand from the noble Lord that the Government will consider those amendments they believe acceptable and come back with their own. On that basis, I very much hope that the amendments are acceptable and, in the meantime, I shall go back to the Law Society of Scotland. I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Amendments Nos. 411 to 417 not moved.]

Lord Bassam of Brighton moved Amendment No. 418:


    Page 73, line 4, at end insert—


"Indecent assault against a female."

The noble Lord said: Government Amendments Nos. 418 to 427 and 429 update the lists of Northern Ireland offences in Schedule 2. Schedule 2 provides all the offences in Northern Ireland for which offenders

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will be required to register under Part 2 of the Bill. The amendments ensure that all appropriate offences are now included on that list. I beg to move.

On Question, amendment agreed to.

Lord Bassam of Brighton moved Amendments Nos. 419 to 421:


    Page 73, line 7, leave out sub-paragraphs (a) and (b) and insert—


"(a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
(b) in any other case—
(i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been—
(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 18 months."
Page 73, line 10, at end insert—


"An offence under section 53 or 54 of that Act (abduction of woman by force for unlawful sexual intercourse)."
Page 73, line 11, at end insert "consent was not present or"

On Question, amendments agreed to.

[Amendments Nos. 421A and 421B not moved.]

Lord Bassam of Brighton moved Amendment No. 422:


    Page 73, line 20, at end insert—


"An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration).
An offence under section 3 of that Act (procuring defilement of woman by threats or fraud, etc.)."

On Question, amendment agreed to.

Lord Bassam of Brighton moved Amendments Nos. 423 and 424:


    Page 73, line 21, leave out "the Criminal Law Amendment Act 1885 (c. 69)" and insert "that Act"


    Page 73, line 24, at end insert—


"An offence under section 7 of that Act (abduction of girl under 18)."

On Question, amendments agreed to.

[Amendment No. 424A not moved.]

Lord Bassam of Brighton moved Amendment No. 425:


    Page 73, line 30, at end insert—


"An offence under section 2 of that Act (incest by females), if the victim or (as the case may be) other party was under 18."

On Question, amendment agreed to.

Lord Bassam of Brighton moved Amendments Nos. 426 to 429:


    Page 74, line 3, at end insert—


"An offence under Article 122 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (offences against women suffering from severe mental handicap).

19 May 2003 : Column 638


An offence under Article 123 of that Order (offences against patients)."
Page 74, line 8, at end insert—


"67A An offence under section 17 of this Act (meeting a child following sexual grooming etc.).
67B An offence under any of sections 18 to 22 of this Act (abuse of trust) if the offender, in respect of the offence or finding, is or has been—
(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
67C An offence under section 54 of this Act (paying for sex with a child) if the victim or (as the case may be) other party was under 17.
67D An offence under section 70 of this Act (exposure) if—
(a) where the offender was under 18, he is or has been sentenced to imprisonment for a term of at least 12 months;
(b) in any other case—
(i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been—
(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 18 months.
67E An offence under section 71 of this Act (voyeurism) if—
(a) where the offender was under 18, he is or has been sentenced to imprisonment for a term of at least 12 months;
(b) in any other case—
(i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been—
(a) sentenced to a term of imprisonment, or
(b) detained in a hospital.
67F An offence under section 72 or 73 of this Act (intercourse with an animal, sexual penetration of a corpse) if the offender, in respect of the offence or finding, is or has been—
(a) sentenced to a term of imprisonment, or
(b) detained in a hospital."
Page 74, line 21, after "counselling" insert "or"


    Page 74, line 32, at end insert—


"In paragraphs 53 to 67F, "community sentence" has the same meaning as in the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))."

On Question, amendments agreed to.

Schedule 2, as amended, agreed to.

Clause 83 agreed to.

Clause 84 [The notification period]:

[Amendments Nos. 430 and 431 not moved.]

Clause 84 agreed to.

Clause 85 [Notification requirements: initial notification]:

Lord Falconer of Thoroton moved Amendment No. 432:


    Page 41, line 10, leave out "a" and insert "the"

19 May 2003 : Column 639

On Question, amendment agreed to.

Clause 85, as amended, agreed to.

Clauses 86 and 87 agreed to.

Clause 88 [Notification requirements: travel outside the United Kingdom]:

Lord Astor of Hever moved Amendment No. 433:


    Page 43, line 5, after "State" insert "after consultation with Scottish Ministers"

The noble Lord said: In moving Amendment No. 433, I shall speak also to Amendments Nos. 436 and 439.

The amendments would require the Secretary of State to consult Scottish Ministers prior to making regulations, specifying notification requirements for offenders who leave the UK and the police stations at which offenders may notify the police of relevant information. It would require those responsible for the offender while he or she is in detention to notify others of his or her release to transfer to another institution and prior to amending the list of offences contained in Schedules 2 or 3 to the Bill. The amendments would ensure that Scottish Ministers would have some input in relation to regulations that will apply in Scotland, and that account is taken of the devolution settlement.


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