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I beg to move,
That the draft Rehabilitation of Offenders Act (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2019, which was laid before this House on 1 April, be approved.
The purpose of this draft instrument is to include inquiries established under the Inquiries Act 2005 as “excepted proceedings” in the...
I beg to move,
That the draft Rehabilitation of Offenders Act (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2019, which was laid before this House on 1 April, be approved.
The purpose of this draft instrument is to include inquiries established under the Inquiries Act 2005 as “excepted proceedings” in the...
I am grateful to the Minister for giving way, and I appreciate his reassurance that the test is of necessity. Can he assure me that the same approach is intended to be taken by the chairman of the inquiry, as, for example, will be taken by a judge in determining...
I am grateful to the Minister for giving way, and I appreciate his reassurance that the test is of necessity. Can he assure me that the same approach is intended to be taken by the chairman of the inquiry, as, for example, will be taken by a judge in determining...
I am grateful to my hon. Friend, who is the Chair of the Justice Committee and a barrister of long standing at the criminal Bar. He is absolutely right to talk about the test of relevance. It is not the purport of any inquiry ambit or the function of any
notus-xml...
I am grateful to my hon. Friend, who is the Chair of the Justice Committee and a barrister of long standing at the criminal Bar. He is absolutely right to talk about the test of relevance. It is not the purport of any inquiry ambit or the function of any
notus-xml...
The Justice Committee has produced a report that recommends “banning the box”, to deal with the issue of spent convictions, and the Government gave a very positive response. There may be occasions when there is a crossover between an individual who might apply for a job in the public sector...
The Justice Committee has produced a report that recommends “banning the box”, to deal with the issue of spent convictions, and the Government gave a very positive response. There may be occasions when there is a crossover between an individual who might apply for a job in the public sector...
The right hon. Gentleman raises a very proper point, and I can assure him that the work that his Committee has done and the campaign to ban the box are matters that I and my colleagues in the Department are considering very carefully indeed. I will chart the changes that...
The right hon. Gentleman raises a very proper point, and I can assure him that the work that his Committee has done and the campaign to ban the box are matters that I and my colleagues in the Department are considering very carefully indeed. I will chart the changes that...
May I politely remind my hon. and learned Friend that it is not just employment prospects that will suffer if the box is not banned? There can often be a problem with getting social housing—indeed, any sort of housing—as well as with getting insurance or going to university or college....
May I politely remind my hon. and learned Friend that it is not just employment prospects that will suffer if the box is not banned? There can often be a problem with getting social housing—indeed, any sort of housing—as well as with getting insurance or going to university or college....
My hon. Friend uses the word “proportionate”, and as a distinguished former Government lawyer, she knows what that means. I think many other people—Madam Deputy Speaker included—will know precisely what it means. It means, in effect, making sure that any measure does not defeat the purpose for which it was...
My hon. Friend uses the word “proportionate”, and as a distinguished former Government lawyer, she knows what that means. I think many other people—Madam Deputy Speaker included—will know precisely what it means. It means, in effect, making sure that any measure does not defeat the purpose for which it was...
I think the Minister is putting all our fears to rest. Paragraph 7.6 of the accompanying explanatory memorandum refers only to independent inquiries into child sexual abuse. Is that in effect what this is all about, or is it going to be wider than that? I thought that if people...
I think the Minister is putting all our fears to rest. Paragraph 7.6 of the accompanying explanatory memorandum refers only to independent inquiries into child sexual abuse. Is that in effect what this is all about, or is it going to be wider than that? I thought that if people...
I am looking again at paragraph 7.6, and I think its purpose is to illustrate other examples of inquiries that have been set up pursuant to the Inquiries Act 2005. I will go on to explain that, because that does not cover every public inquiry. I will give the House...
I am looking again at paragraph 7.6, and I think its purpose is to illustrate other examples of inquiries that have been set up pursuant to the Inquiries Act 2005. I will go on to explain that, because that does not cover every public inquiry. I will give the House...
The Minister is being most generous, but will he help me? He asserts, in terms, that if the inquiry is set up under the Act, it automatically triggers some of the exemptions to article 8. What is the remedy, however, if a person who is to be called as a...
The Minister is being most generous, but will he help me? He asserts, in terms, that if the inquiry is set up under the Act, it automatically triggers some of the exemptions to article 8. What is the remedy, however, if a person who is to be called as a...
There would be a judicial review. That point was considered carefully in the other place. I readily accept and deal full on with the potentially onerous nature of having to bring a judicial review to challenge proceedings. But as I have said, the filter system that any chair would have...
There would be a judicial review. That point was considered carefully in the other place. I readily accept and deal full on with the potentially onerous nature of having to bring a judicial review to challenge proceedings. But as I have said, the filter system that any chair would have...
Will the Minister help the House? Are the chairmen of these inquiries not nearly always senior judges, who are perfectly able to make the sort of evaluation that he is telling us about?
Will the Minister help the House? Are the chairmen of these inquiries not nearly always senior judges, who are perfectly able to make the sort of evaluation that he is telling us about?
My hon. Friend is absolutely right. As she will know, the process of obtaining a senior serving member of the judiciary will be done in consultation between the appropriate Secretary of State or Minister and, usually, the Lord Chief Justice, who will consider
availability carefully. Retired High Court judges or...
My hon. Friend is absolutely right. As she will know, the process of obtaining a senior serving member of the judiciary will be done in consultation between the appropriate Secretary of State or Minister and, usually, the Lord Chief Justice, who will consider
availability carefully. Retired High Court judges or...
If I understand it, this is about spent convictions. As we do not know the nature of any future inquiry in which spent convictions would need to be disclosed, would it not make sense to introduce a statutory instrument when a future inquiry needs such disclosure?
If I understand it, this is about spent convictions. As we do not know the nature of any future inquiry in which spent convictions would need to be disclosed, would it not make sense to introduce a statutory instrument when a future inquiry needs such disclosure?
The hon. Lady tempts me down the road of ad hocery, which, as we know, can be a somewhat cumbersome instrument when it comes to issues of this nature. She can be reassured that the narrow nature of this proposed exception means that, first, the type of inquiry is tightly...
The hon. Lady tempts me down the road of ad hocery, which, as we know, can be a somewhat cumbersome instrument when it comes to issues of this nature. She can be reassured that the narrow nature of this proposed exception means that, first, the type of inquiry is tightly...
I welcome the Minister to his new position. We worked together on the Justice Committee and, as always, he is eloquent in trying to convince the House to pass something that I am sure, in his heart of hearts, he knows is not correct. As a lawyer and advocate, he...
I welcome the Minister to his new position. We worked together on the Justice Committee and, as always, he is eloquent in trying to convince the House to pass something that I am sure, in his heart of hearts, he knows is not correct. As a lawyer and advocate, he...
I am always wary of extending powers that can trespass upon the convention rights of citizens and generally wary of giving blanket powers to organs of the state. I am very much in favour of the rehabilitation of offenders legislation and spent convictions. As the right hon. Member for Delyn...
I am always wary of extending powers that can trespass upon the convention rights of citizens and generally wary of giving blanket powers to organs of the state. I am very much in favour of the rehabilitation of offenders legislation and spent convictions. As the right hon. Member for Delyn...
Does my hon. Friend agree that as statutory inquiries have the ability to summons witnesses, as much as many courts do, that would deal with the issue?
Does my hon. Friend agree that as statutory inquiries have the ability to summons witnesses, as much as many courts do, that would deal with the issue?
That is precisely right. Someone summoned to give evidence to a statutory inquiry would be obliged to come forward. With all due respect, it seems to me that it is a false point that should not weigh on us.
The second point is that even when people are summoned there is...
That is precisely right. Someone summoned to give evidence to a statutory inquiry would be obliged to come forward. With all due respect, it seems to me that it is a false point that should not weigh on us.
The second point is that even when people are summoned there is...
One of the great functions of this debate is to tease out some of the issues. Before public inquiries are published, is there not a Maxwellisation process whereby individuals who might be referred to in a way that is potentially adverse to their interests are notified? Is that not another...
One of the great functions of this debate is to tease out some of the issues. Before public inquiries are published, is there not a Maxwellisation process whereby individuals who might be referred to in a way that is potentially adverse to their interests are notified? Is that not another...