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Criminal Justice and Immigration Bill

My Lords, before responding to some of the points made, I should explain why Clauses 118 to 120 were drafted as they were. As noble Lords will be aware, the clauses make it an offence to cause nuisance or disturbance to NHS staff on hospital premises. Tied to the offence is a power for constables or authorised NHS staff to remove persons causing nuisance or disturbance from hospital premises. It is important to understand those points because that is how this will work. These provisions are primarily concerned with the management of National Health Service premises, which is a devolved responsibility in Wales. We naturally consulted the Welsh Assembly Government prior to the introduction of the Bill last summer, so it is not quite right to say, as the noble Lord, Lord Thomas of Gresford, did, that this was an oversight in our approach. It is worth putting on the record that at that point the Welsh Assembly Government were undertaking their own review of how best to eradicate the behaviour to which the noble Baroness, Lady Finlay, referred, and to ensure that staff working in the NHS in Wales were fully protected. So, in those circumstances, the Welsh Assembly Government decided that they did not wish to apply these provisions to NHS premises in Wales. Accordingly, as currently drafted, the provisions apply only to nuisance and disturbance on English NHS hospital premises. In recent weeks we have taken a fresh look at this matter. We are extraordinarily grateful to the noble Baroness, Lady Finlay, for raising the issue both in Committee and again today and I confirm that, following discussions between my right honourable friend the Secretary of State for Wales and the Welsh First Minister, the Welsh Assembly Government have agreed that these provisions should now be extended to Wales. In these circumstances, I can accept the noble Baroness’s amendments in principle. Unfortunately, I cannot invite the House to agree to the amendments here and now, as they are incomplete in a number of respects. In particular, we need to ensure that the definition of a relevant NHS body in Clause 118(4) properly reflects the organisation of the NHS in Wales where there are NHS trusts and local health boards established under the National Health Service (Wales) Act 2006 rather than, as in England, NHS trusts, primary care trusts and NHS foundation trusts established under the National Health Service Act 2006. In addition, we need to adapt the references to a ““relevant English NHS body”” in subsections (5) of Clauses 119 and 120, and amend Clause 150 to provide for bespoke commencement arrangements in Wales. I am sure that the noble Baroness will agree to withdraw her amendment. I am grateful to the noble Lord, Lord Thomas of Gresford, for his contribution too. I think that we have now arrived at the right place, in view of the seriousness of these issues.