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.
Violent Crime Reduction Bill
Proceeding contribution from
Lord Thomas of Gresford
(Liberal Democrat)
in the House of Lords on Wednesday, 26 April 2006.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Violent Crime Reduction Bill.
About this proceeding contribution
Reference
681 c199-200 Session
2005-06Chamber / Committee
House of Lords chamberSubjects
Librarians' tools
Timestamp
2024-04-21 13:54:05 +0100
URI
http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_317612
In Indexing
http://indexing.parliament.uk/Content/Edit/1?uri=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_317612
In Solr
https://search.parliament.uk/claw/solr/?id=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_317612