UK Parliament / Open data

Violent Crime Reduction Bill

moved Amendment No. 36:"Page 8, line 42, leave out subsection (11) and insert—" ““(11)   The Secretary of State must not make an order under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.”” The noble Lord said: This is very much a probing amendment. I really want to find out who can bring proceedings for an offence under Clause 10(1). Under subsection (4), it is a local authority. Under subsection (5),"““the Secretary of State may by order provide that a person of a description specified in the order may bring proceedings for an offence . . . in such cases and such circumstances as may be prescribed by the order””." Well, who are we referring to? Who do the Government have in mind apart from the local authority? If it is someone other than the usual prosecuting authorities, my amendment really bites, because I would remove subsection (11), which is the negative procedure for extending the power of the Secretary of State, and would impose instead a requirement for a positive order. I would give the House an opportunity to consider who would now have the chance to bring proceedings for a breach. I am always aware that the Government are privatising everything, and I do not know whether a security firm that used clamps and all that sort of stuff would be given the power to bring someone before the courts for a criminal offence. Could I have some information about that, please? I beg to move.

About this proceeding contribution

Reference

681 c199-200 

Session

2005-06

Chamber / Committee

House of Lords chamber
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