I was intrigued by the way in which the Minister said that changes used to happen quickly and without consultation and that things are much better now. I recall, not so long ago, the Government scribbling on the back of an envelope and trying to abolish the role of Lord Chancellor overnight. The next morning, they found that—whoops!—they were not allowed to do so constitutionally and they had to go back to square one. So I do not think that the noble Baroness can claim virtue in that respect.
The noble Baroness talked about the distinction between the two posts. I am very grateful for the probing questions put by my noble friend Lord Waddington because it is important for the noble Baroness to put her clarification on the record. I shall ask my noble friend Lord Kingsland to look through that for future reference to see whether we wish to pursue this matter further.
I also noticed that the noble Baroness said that it is not normal practice to refer in legislation to any particular Secretary of State. She said that in relation to Amendment No. 137, which the noble Lord, Lord Judd, who is not with us at the moment, may wish to move when we reach that stage of the Bill—one knows not. I am not sure whether the Minister is aware of recent developments in the Forced Marriage (Civil Protection) Bill, which purports to be a Private Member’s Bill but has in fact been rewritten by the Government—very effectively in many respects. In that Bill, the Government accepted an amendment proposed by me and put their name to it. That makes it clear that not all Secretaries of State are the same, as some are excluded from having powers under that Bill. So it appears that there can be occasions when it is right to refer to a specific Secretary of State, and that may assist the noble Lord, Lord Judd, later.
I accept entirely what the Minister said was a core point—that is, with regard to this Bill, these are not judicial functions. Certainly, the Lord Chancellor has a variety of titles and it will be interesting to see which ones he continues to use, but I do not intend to press this amendment or to return to it on Report. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Offender Management Bill
Proceeding contribution from
Baroness Anelay of St Johns
(Conservative)
in the House of Lords on Monday, 21 May 2007.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Offender Management Bill.
About this proceeding contribution
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2006-07Chamber / Committee
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