Offender Management Bill

moved Amendment No. 12A: 12A: Clause 5, page 5, line 8, leave out subsections (6) to (8) The noble Baroness said: My Lords, I will speak also to Amendments Nos. 37B and 37C in this group. They clarify the intention behind an amendment that I successfully pressed to a Division in Committee. I wish to apply the affirmative resolution procedure to the power in Clause 5(1) to establish and dissolve probation trusts. I am grateful to the Bill team for pointing out to me that the amendment on which I won the Division did not quite do what I had hoped—I got it wrong. Apparently the amendment I pressed applies the procedure only to the power in Clause 5(6), which is not what I intended. In addition, parliamentary counsel does not think that it works technically either, so it was a double whammy. The Bill team has kindly proposed the tidying up amendments that are before the House today. I accept—through gritted teeth—that even though the Government will not oppose the making of the amendments today, that is without prejudice to their view on the merits or otherwise of applying the affirmative procedure in this instance. I accept that the Government are merely assisting me to tidy up the Bill to facilitate proper consideration in another place so that the effect of the amendment is clear to all there. I naturally hope to persuade the Government ultimately to accept my amendment, but in the mean time I move Amendment No. 12A with the caveats that I have entered on the record. I beg to move.