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Proceeding contribution from Lord Neill of Bladen (Crossbench) in the House of Lords on Wednesday, 12 March 2008. It occurred during Committee of the Whole House (HL) and Debate on bill on Criminal Justice and Immigration Bill.

Criminal Justice and Immigration Bill

As written, new Section 327A(1) of the Criminal Justice Act 2003, under Clause 191 of the Bill, states that the responsible authority must, "““consider whether to disclose information … to a particular member of the public””." As written, new Section 327A(2) has this presumption in it. Even if that is altered in language, something along those lines will be there. I thought that I understood the Minister to say that there is no sanction for enforcing this, while under the old law mandamus a local authority could be compelled to carry out its duty. Is he saying that there is no way that any member of the public could enforce this provision and is there no criminal sanction? Is it an unenforceable ““must””?

Secondary information

Type
Proceeding contribution
Reference
699 c1522 
Session
2007-08
Chamber / Committee
House of Lords chamber
Subjects
Children Disclosure of information Criminal proceedings Devolved matters Appeals Administration of justice Attorney General Courts martial Offenders Northern Ireland Protection Mentally disordered offenders Parliamentary scrutiny Military law Paedophilia Sentencing Sales Young people Tobacco Smoking Serious Fraud Office Attorney General for Northern Ireland Statutory instruments
Legislation
Criminal Justice and Immigration Bill 2006-07 to 2007-08
Link
View this Proceeding contribution on www.publications.parliament.uk