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Criminal Justice and Immigration Bill

My Lords, the Minister has replied in his characteristically open-handed and conciliatory manner, and of course I am very grateful to him for that. However, he has not gone as far as I would have wished him to go in relation to this amendment. People who receive a violent offender order have not committed a crime. They are entitled to know exactly what they face if their freedom is to be restricted; otherwise, too much discretion will be furnished to the authorities. The authorities can simply say that they are in a unique position to make a judgment about risk which cannot be questioned in the court. I recall the Minister saying that he is concerned about inhibiting the risk management discretion of the court; but that means that the authorities can call on the magistrates to do anything they want to someone who has not committed a crime. That is simply not consonant with the traditions of justice in this country, whether defined by the civil or the criminal rules. In those circumstances, I should like to test the opinion of the House. On Question, Whether the said amendment (No. 95B) shall be agreed to? Their Lordships divided: Contents, 127; Not-Contents, 116.