Serious Crime Bill [HL]

moved Amendment No. 30: 30: Clause 7, page 6, line 33, leave out from ““order”” to end of line 34 and insert ““where— (a) he is mentally disordered; or (b) he has a learning disability; or (c) he falls within a description specified by order of the Secretary of State.”” The noble Baroness said: My Lords, I moved a broader amendment in Committee and have returned to it to enable the Minister to fulfil yet another commitment. This one was given at cols. 789-790 of Hansard on 14 March. Clause 7 provides that the Secretary of State may, by order, expressly exclude the application of a serious crime prevention order to those people who fall within a specified description, but, at present, the only class of people which is specifically excluded in the Bill are those who are under the age of 18. Paragraph 8 of the fifth report of the Delegated Powers and Regulatory Reform Committee observes that the House may wish to seek a fuller explanation of the Government’s intentions for the use of this power. It notes that that the memorandum from the Home Office states that, "““there may be certain persons that should not be capable of being subject to a serious crime prevention order because it would not be appropriate for them to be so subject””." I asked in Committee whether the Government might consider exempting, for example, those who had a history of mental incapacity or mental illness. The noble Lord, Lord Bassam, said that he had some sympathy with my point and that he would take the amendment away for further and perhaps fuller consideration. He made a commitment to return to the House on this issue on Report. As I did not note a government amendment on the matter on today’s Marshalled List, I maintained my own amendment. It invites the Minister to tell the House the results of the Government’s further consideration. I beg to move.