Moved by

Lord Barber of Ainsdale

77: After Clause 17, insert the following Clause—

“Unpaid work requirements: community work

(1) The Sentencing Code is amended as follows.

(2) In paragraph 3 of Part 1 of Schedule 9 (restriction on imposing unpaid work requirement), after sub-paragraph (1)(b), insert—

“(c) that the unpaid work is work undertaken for...

Moved by

Lord Barber of Ainsdale

77: After Clause 17, insert the following Clause—

“Unpaid work requirements: community work

(1) The Sentencing Code is amended as follows.

(2) In paragraph 3 of Part 1 of Schedule 9 (restriction on imposing unpaid work requirement), after sub-paragraph (1)(b), insert—

“(c) that the unpaid work is work undertaken for...

My Lords, I rise to move this amendment on behalf of my noble friend Lord Woodley, who is a little unwell today. Amendments 77 and 135 are in his name.

As a lifelong trade unionist, I have seen too often the damaging impact that privatisation can have on public services; in...

My Lords, I rise to move this amendment on behalf of my noble friend Lord Woodley, who is a little unwell today. Amendments 77 and 135 are in his name.

As a lifelong trade unionist, I have seen too often the damaging impact that privatisation can have on public services; in...

My Lords, I thank the noble Lord, Lord Barber, for introducing the amendments in the name of the noble Lord, Lord Woodley. He will probably not be surprised to learn that His Majesty’s loyal Opposition cannot support Amendment 77. I note the noble Lord’s commitments, but it would simply be...

My Lords, I thank the noble Lord, Lord Barber, for introducing the amendments in the name of the noble Lord, Lord Woodley. He will probably not be surprised to learn that His Majesty’s loyal Opposition cannot support Amendment 77. I note the noble Lord’s commitments, but it would simply be...

My Lords, I thank my noble friend Lord Woodley for tabling these amendments and my noble friend Lord Barber for introducing them in his absence, giving me the opportunity to clarify the Government’s position on the issues they have raised.

I appreciate that my noble friend’s Amendment 77 is founded on...

My Lords, I thank my noble friend Lord Woodley for tabling these amendments and my noble friend Lord Barber for introducing them in his absence, giving me the opportunity to clarify the Government’s position on the issues they have raised.

I appreciate that my noble friend’s Amendment 77 is founded on...

I thank my noble friend the Minister for his response. On Amendment 77, I noticed that he placed proper emphasis on payback to our communities from the unpaid work we are discussing, but I would hope that proper consideration is also given to payback to prisoners who face this form...

I thank my noble friend the Minister for his response. On Amendment 77, I noticed that he placed proper emphasis on payback to our communities from the unpaid work we are discussing, but I would hope that proper consideration is also given to payback to prisoners who face this form...

Moved by

Lord Jackson of Peterborough

80: Before Clause 18, insert the following new Clause—

“Sentencing Council

The Sentencing Council of England and Wales is abolished.”

Moved by

Lord Jackson of Peterborough

80: Before Clause 18, insert the following new Clause—

“Sentencing Council

The Sentencing Council of England and Wales is abolished.”

My Lords, I will also oppose Clauses 18 and 19 standing part of the Bill, and I oppose Amendments 81, 82 and 83 in

the names of the noble and learned Lords, Lord Burnett of Maldon and Lord Thomas of Cwmgiedd, for reasons which I will allude to and develop...

My Lords, I will also oppose Clauses 18 and 19 standing part of the Bill, and I oppose Amendments 81, 82 and 83 in

the names of the noble and learned Lords, Lord Burnett of Maldon and Lord Thomas of Cwmgiedd, for reasons which I will allude to and develop...

My Lords, perhaps rather surprisingly, I find myself in agreement with the noble Lord, Lord Jackson, in seeking to remove Clause 18—but for polar opposite reasons. The noble Lord seeks to abolish the Sentencing Council; I wish to protect it from interference.

Abolition would be a retrograde step, which would undermine...

My Lords, perhaps rather surprisingly, I find myself in agreement with the noble Lord, Lord Jackson, in seeking to remove Clause 18—but for polar opposite reasons. The noble Lord seeks to abolish the Sentencing Council; I wish to protect it from interference.

Abolition would be a retrograde step, which would undermine...

My Lords, I have added my name to the amendment in the name of my noble and learned friend Lord Burnett of Maldon and the proposition in the name of the noble Lord,

Lord Jackson of Peterborough, that Clause 18 should not stand part of the Bill. I have done...

My Lords, I have added my name to the amendment in the name of my noble and learned friend Lord Burnett of Maldon and the proposition in the name of the noble Lord,

Lord Jackson of Peterborough, that Clause 18 should not stand part of the Bill. I have done...

My Lords, I oppose Clause 18 and Clause 19, and my preference is, quite definitely, for both clauses to be removed from the Bill. I have not signed the opposition by the noble Lord, Lord Jackson, to Clause 18 standing part, because his reasoning is rather different from mine, but...

My Lords, I oppose Clause 18 and Clause 19, and my preference is, quite definitely, for both clauses to be removed from the Bill. I have not signed the opposition by the noble Lord, Lord Jackson, to Clause 18 standing part, because his reasoning is rather different from mine, but...

My Lords, I must confess that as I read the provisions of this Bill, it triggered a childhood memory. The late Dr Dolittle curated a number of very strange and unusual animals, which included the pushmi-pullyu: a gazelle with two heads, which faced in opposite directions at the same time.

Why...

My Lords, I must confess that as I read the provisions of this Bill, it triggered a childhood memory. The late Dr Dolittle curated a number of very strange and unusual animals, which included the pushmi-pullyu: a gazelle with two heads, which faced in opposite directions at the same time.

Why...

My Lords, I thank the noble Lord, Lord Jackson of Peterborough, and the noble and learned Lords, Lord Burnett of Maldon and Lord Thomas of Cwmgiedd, for tabling these amendments. I am very grateful for their continued and constructive engagement on the Bill.

Amendment 80, tabled by the noble Lord, Lord...

My Lords, I thank the noble Lord, Lord Jackson of Peterborough, and the noble and learned Lords, Lord Burnett of Maldon and Lord Thomas of Cwmgiedd, for tabling these amendments. I am very grateful for their continued and constructive engagement on the Bill.

Amendment 80, tabled by the noble Lord, Lord...

Will the Minister explain why the Law Commission, which is a body that looks at law reform for the Government, is to be equated with the independent Sentencing Council, which constitutionally balances the three interests? It would be very helpful to have that explanation. A second explanation it would be...

Will the Minister explain why the Law Commission, which is a body that looks at law reform for the Government, is to be equated with the independent Sentencing Council, which constitutionally balances the three interests? It would be very helpful to have that explanation. A second explanation it would be...

I take the point that the noble and learned Lord makes that the Law Commission is different. That is why I said that we have had regard to that. On the second question that the noble and learned Lord raises, perhaps I can come to that in just a moment.

Clause...

I take the point that the noble and learned Lord makes that the Law Commission is different. That is why I said that we have had regard to that. On the second question that the noble and learned Lord raises, perhaps I can come to that in just a moment.

Clause...

I may have missed it, but I am still unclear about what happens under Clause 18 and new Section 118A. If there is no approval of the business plan from the Lord Chancellor, does the Sentencing Council continue with its work as if there were a business plan and make...

I may have missed it, but I am still unclear about what happens under Clause 18 and new Section 118A. If there is no approval of the business plan from the Lord Chancellor, does the Sentencing Council continue with its work as if there were a business plan and make...

That is precisely why we want to engage in further discussion to try to take some of that forward.

That is precisely why we want to engage in further discussion to try to take some of that forward.

I assume that the Minister is indicating that I should withdraw my amendment. This has been a fascinating, fluent and well-argued debate. Obviously, I have been beset by a surfeit of eminent jurists this evening; they certainly gave the lie to the saying that lawyers are the only people in...

I assume that the Minister is indicating that I should withdraw my amendment. This has been a fascinating, fluent and well-argued debate. Obviously, I have been beset by a surfeit of eminent jurists this evening; they certainly gave the lie to the saying that lawyers are the only people in...

Tabled by

Lord Burnett of Maldon

81: Clause 19, page 36, line 28, leave out “if such consent is given” and insert “unless both fail to consent”

Member's explanatory statement

This amendment and others in the name of Lord Burnett of Maldon to Clause 19 seek to (1) remove the proposed veto of either...

Tabled by

Lord Burnett of Maldon

81: Clause 19, page 36, line 28, leave out “if such consent is given” and insert “unless both fail to consent”

Member's explanatory statement

This amendment and others in the name of Lord Burnett of Maldon to Clause 19 seek to (1) remove the proposed veto of either...