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Forced Marriage (Civil Protection) Bill [HL]

moved, as an amendment to Amendment No. 1, Amendment No. 5: 5: After Clause 1, leave out lines 316 to 324 The noble Baroness said: I shall also speak to Amendments Nos. 5A and 12A. Amendment No. 5 would delete proposed new Section 63Q on the grounds that it is too broad a power of guidance. I was concerned that the guidance given under it could extend to guidance given by the Secretary of State to the judiciary, thereby severely compromising the judiciary’s independence. I am grateful to the Bill team for meeting my noble friend Lady Anelay and me to discuss this matter in advance of today’s debate and, as a result, I am pleased that the Minister can support Amendments Nos. 5A and 12A in my name today. I am grateful for her contribution to them. Amendments Nos. 5A and 12A would achieve the same objective. Amendment No. 5A would apply to England and Wales, and Amendment No. 12A would apply to Northern Ireland. They would prevent the Secretary of State in the case of England and Wales, and the Department of Finance and Personnel in the case of Northern Ireland, from issuing guidance to any court or tribunal. I understand that this definition would prevent the Secretary of State from issuing guidance not only to courts and tribunals but to the judiciary as a body. I look to the Minister for reassurance on this matter, as these amendments have been produced hand in hand with her. Pending the Minister’s agreement that the amendment will not compromise the independenceof the judiciary, and pending her acceptance of Amendments Nos. 5A and 12A, I would be content to withdraw Amendment No. 5. In the mean time, I beg to move.

About this proceeding contribution

Reference

691 c272GC 

Session

2006-07

Chamber / Committee

House of Lords Grand Committee
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