I apologise if I chided the hon. Gentleman too harshly; I did not mean to. He will know that we are taking forward the amendments as a result of the Hampton review and the Macrory report. They pointed out the need for appropriate and proportionate regulation, and that is what we have ensured. The hon. Gentleman talked about new clause 1(6), which switches off the test in clause 1(1)(b), and asked what the justification was for that measure. It is difficult to show that authorised monitors would directly prevent serious crime, but it is important to ensure that the parts of the order that would directly prevent serious crime are complied with. That is why we included the authorised monitors in the provisions.
The hon. Gentleman asked whether the Bill complies with the European convention on human rights. He will have seen my statement on the subject but, again, I refer him to the protections in the new clause, which ensures that a court cannot appoint an authorised monitor to supervise a serious crime prevention order without taking into account certain circumstances, particularly those in proposed new subsection (7)(c), which refers to"““the effect of the terms on the ability of any body corporate, partnership or unincorporated association which is carrying on business to continue to do so.””"
In other words, if a serious crime prevention order is served on an organisation, and if an authorised monitor is used to ensure compliance with the order, the court must ensure through proposed new subsections 7(a), (b) and (c), that the measure is proportionate and takes into account the ability of the organisation or partnership to comply with it. With those comments, I urge the House to support the new clause.
Question put, That the clause be read a second time:—
The House proceeded to a Division.
Serious Crime Bill [Lords]
Proceeding contribution from
Lord Coaker
(Labour)
in the House of Commons on Monday, 22 October 2007.
It occurred during Debate on bills on Serious Crime Bill [Lords].
About this proceeding contribution
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465 c52 Session
2006-07Chamber / Committee
House of Commons chamberSubjects
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