Offender Management Bill

My apologies for the confusion, Mr. Deputy Speaker. In due course, I shall move amendment (a). That would amend Lords amendment No. 35, which relates to clause 5(1). That enables the Secretary of State to establish, dissolve or alter the name or purposes of a probation trust by means of an order. An order establishing a probation trust under clause 5(1) will set out the names and purposes of the trust. We originally proposed that the order should not be subject to parliamentary scrutiny. There is a precedent for this matter in respect of procedures applying to NHS trusts. As before, however, I have listened to the views expressed in the other place and I acknowledge the legitimate interest of Parliament in these matters. I accept that parliamentary scrutiny is appropriate. However, given the number of trusts to be established and the routine nature of the process as we move from boards to trusts over the next three years, I feel that the order should be subject to the negative rather than the affirmative procedure. That will provide the necessary safeguards to prevent excessive demands on parliamentary time. There is one further strand to the amendment, relating to clause 5(3)(c), which gives the Secretary of State the power to extend probation purposes by regulation. In response to a recommendation from the Delegated Powers and Regulatory Reform Committee, the Lords accepted a Government amendment subjecting that power to an affirmative resolution procedure.