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Legal Aid, Sentencing and Punishment of Offenders Bill. Lords third reading debate agreed to on question. Bill passed and returned to the Commons with amendments.

Lead member
Lord McNally
Answering member
Lord Beecham
Department
Ministry of Justice
Type
Debates on bills
Date
27 March 2012
Reference
736 c1252-379
House
House of Lords

33: Clause 77, page 58, line 45, at end insert— ““(9) In Schedule 9 to that Act (transfer of community orders to Scotland or Northern Ireland)— (a) in paragraph 1(5), after ““require”” insert ““an alcohol abstinence and monitoring requirement or””, and (b) in paragraph 3, after sub-paragraph (4) insert— ““(4A)...

Member
Lord McNally (Liberal Democrat)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1351-2
House
House of Lords

36: Clause 145, page 132, line 7, at end insert ““or if the building has been empty twelve months or more and is not subject to a current planning application””

Member
Baroness Miller of Chilthorne Domer (Liberal Democrat)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1353
House
House of Lords

34: Clause 78, page 59, line 24, after ““(5)(a)”” insert ““— (a) ”” 35: Clause 78, page 59, line 25, at end insert ““; (b) may not enable a court to provide for an alcohol abstinence and monitoring requirement to be complied with in Scotland or Northern Ireland.”” Amendments 34...

Member
Lord McNally (Liberal Democrat)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1352
House
House of Lords

My Lords, I welcome these amendments. I am grateful to the Government for addressing an area that I overlooked in the amendments that I had drafted. I also should like to place on record my gratitude to the noble Baroness, Lady Northover, who, with me, met the domestic violence groups,...

Member
Baroness Finlay of Llandaff (Crossbench)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1352
House
House of Lords

My Lords, Amendments 33, 34, 35, 42 and 43 are minor and technical consequential amendments, which provide clarification of the provision of the alcohol, abstinence and monitoring requirement introduced by an amendment on Report. Our intention is that new requirements should be available to the courts in England and Wales...

Member
Lord McNally (Liberal Democrat)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1352
House
House of Lords

My Lords, I congratulate my noble friend on her persistence in dealing with this matter and provoking some very powerful speeches from your Lordships, as well as making her own. The issue is homelessness and housing supply. Whatever is being done now by the current Government, the stark fact is...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1357-9
House
House of Lords

My Lords, I wholeheartedly agree with what has been said by all speakers on this matter. For any new criminal offence to be created, or for any existing criminal offence to be extended, there is a heavy onus on the Government of the day to show that that is reasonably...

Member
Lord Elystan-Morgan (Crossbench)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1356-7
House
House of Lords

My Lords, I preface my remarks with the comment, ““Better late than never””. I add my tributes to those made earlier to Lord Newton of Braintree. Back in the 1980s when I worked with the Child Poverty Action Group, I knew him to be a fair and open-minded Minister. On...

Member
Baroness Lister of Burtersett (Labour)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1354-6
House
House of Lords

My Lords, during the passage of this Bill we have learnt that there is no need for this clause because squatting in people's homes is already criminal. We have learnt that there was a big need for guidance and we would not be where we are today unless there had...

Member
Baroness Miller of Chilthorne Domer (Liberal Democrat)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1353-4
House
House of Lords

My Lords, it is unfortunate that the amendments tabled on this important subject by the noble Baroness, Lady Miller of Chilthorne Domer, should have been reached so late at each successive phase of our consideration—in Committee, on Report and now at Third Reading. It is unfortunate because the House is...

Member
Lord Howarth of Newport (Labour)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1359-60
House
House of Lords

Perhaps the noble Baroness will forgive me for also interrupting her, but I should like her assistance. Am I right in assuming that she intends restorative justice still to be supported by the courts? Does she agree that there is no express reference to restorative justice in legislation setting out...

Member
Lord Woolf (Crossbench)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1343
House
House of Lords

I understand what the noble and learned Baroness is saying. As we discussed in Committee and on Report, the use of restorative justice can already be taken forward under current legislation. The question is whether further legislation is required. The noble and learned Lord and other noble Lords have made...

Member
Baroness Northover (Liberal Democrat)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1343
House
House of Lords

I thank the Minister for the way in which she presented her case. She has said everything possible to support deferring the inclusion of the reference to restorative justice, which I think is important because it makes it clear to judges up and down the land that restorative justice is...

Member
Lord Woolf (Crossbench)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1344
House
House of Lords

I hear what the noble and learned Lord says, and he makes his case very cogently, as he and others have done at other stages. However, he, too, will recognise that the courts can use restorative justice and are doing so. That is happening. However, the Government take seriously the...

Member
Baroness Northover (Liberal Democrat)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1343-4
House
House of Lords

My Lords, following our debate on Report, I return to an amendment which concerns a new clause that I propose to insert into the Bill. I feel that there is something very familiar about this exercise, as my hero, my noble and learned friend Lord Woolf, has just argued a...

Member
Baroness Linklater of Butterstone (Liberal Democrat)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1346-8
House
House of Lords

32: After Clause 68, insert the following new Clause— ““Guidance for Probation Trusts The Lord Chancellor shall publish guidance for Probation Trusts concerning how Probation Trusts publicise to magistrates arrangements for magistrates to claim reimbursement for contact with Probation Trusts including reimbursement for the costs of visits undertaken in connection...

Member
Baroness Linklater of Butterstone (Liberal Democrat)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1346
House
House of Lords

My Lords, the noble Baroness makes a persuasive case to encourage the Government to invest not money but a modest degree of guidance to assist the process of magistrates effectively learning more about sentencing options, about what happens when they institute different forms of punishment and about what happens, in...

Member
Lord Beecham (Labour)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1349
House
House of Lords

My Lords, I thank those who have contributed to this short debate. I am grateful to my noble friend the Minister for replying in the way that she has, which I acknowledge was an attempt to be helpful. As I pointed out earlier, the reality is that there are 35...

Member
Baroness Linklater of Butterstone (Liberal Democrat)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1351
House
House of Lords

My Lords, this amendment returns to the issue raised by my noble friend Lady Linklater throughout the passage of the Bill. As I said on Report, my noble friend Lady Linklater has considerable experience of bringing together magistrates and those working in probation and of building trust in alternatives to...

Member
Baroness Northover (Liberal Democrat)
Type
Proceeding contributions
Date
27 March 2012
Reference
736 c1349-51
House
House of Lords