Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2009

Turning first to the drafting error, it is in the primary legislative provision located in Schedule 2, which is inserted by the Criminal Justice and Immigration Act 2008. The reference in the second line of paragraph 4(a) to "paragraph 3(2)" should be to "paragraph 3(3)". That erroneous cross-reference has arisen because paragraph 3(2) was inserted after the original clauses were drafted, and the cross-reference has not been updated to reflect that. The Joint Committee on Statutory Instruments was of the opinion, as are we, that this is a clear case of a simple error of drafting, and that the reference can be properly read as referring to paragraph 3(3), therefore providing the proper vires for this order. I am pleased to report that we have just received notification from the House authorities that they are proceeding to issue a correction slip—actually, I now have a copy of the correction slip with me. I turn to the questions of the noble Lord, Lord Dholakia. Speaking personally, I am impressed that the noble Lord, Lord Henley, was able to detect the humour in my reference to locksmiths; it was in the middle of a very long speech. On the issue of immigration advisers, in order to practise in this country as an adviser a person must be subject to regulation by the OISC. I will look at Hansard to see whether that answers the noble Lord’s question completely as he was going into some more difficult areas. I will write to him on it if I feel that it remains unanswered. On the essential point that the noble Lord was making about his view that reform of the Rehabilitation of Offenders Act was long overdue, I am well aware of his commitment to this subject and I reassure him that the Government are also mindful of the importance of rehabilitation. That does not mean, though, that we can lose sight of the importance of public protection. Therefore, whether or not the reform of the Act is progressing as he desires, I am sure that he will acknowledge the importance of the current order. I confirm that the commitment to reform the Act remains in place; however, no timeframe for such a reform has yet been set, and the task will not be a simple one when it arises. The noble Lord is aware of the pressures on parliamentary time and the ever-competing priorities for it. I look forward to the noble Lord’s promised Private Member’s Bill, and we will give it careful consideration in due course. Motion agreed.