I thank the Minister for that detailed explanation of what he, and the title of the order, make clear are only consequential amendments to the Offender Management Act 2007. It is important that the regulations are affirmative, even though the amendments are only consequential, because the order amends primary legislation. Governments of whatever persuasion should be wary of that unless it is unavoidable. The order amends Acts going back as far as the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 and right up to Acts of Parliament of only last year—I do not think it amends any Acts of this year—and various orders of various dates. For that reason, I am grateful for the Minister’s detailed explanation. I am also grateful for the Explanatory Notes that the Minister’s department provided, which brings me to my only question.
The noble Lord will remember that during the passage of the Bill, the noble and learned Baroness, Lady Scotland, said in response to amendments tabled by the noble Baronesses, Lady Gibson and Lady Turner: "““It is of course our intention that probation providers should adhere to the gender and disability equality duties under the new arrangements. This is one of a range of consequential amendments to secondary legislation””.—[Official Report, 23/5/07; col. 687.]"
Some of that was done by Schedule 3 to the Act, and I presume that some will be done this order. I understand that at some point later in the summer, the noble Lord’s department, presumably in consultation with a whole range of other departments, will bring forward a new draft equality Act that will bring together a wide range of matters in this field. Will that require yet further amendments to the Offender Management Act and the other legislation that we are discussing, and will further amendments be required in due course? The simple question is: is this only the first of many Offender Management Act 2007 consequential amendments orders?
Offender Management Act 2007 (Consequential Amendments) Order 2008
Proceeding contribution from
Lord Henley
(Conservative)
in the House of Lords on Wednesday, 19 March 2008.
It occurred during Debates on delegated legislation on Offender Management Act 2007 (Consequential Amendments) Order 2008.
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