Serious Crime Bill [HL]

Well, I have to deal with the rumbling-tummy brigade as well. I shall deal first with Amendment No. 66. It would mean that anyone who had a history of mental illness or mental incapacity could not be the subject of an order. It would make similar provision to that which already exists in Clause 6 for those under the age of 18. We have some sympathy with those who want to make similar provision here. However, I would like to take this amendment away for further and perhaps fuller consideration. I make a commitment to come back to the House on this issue on Report. I hope that that offers comfort to noble Lords who are concerned about that. Amendment No. 65 would make the order-making power in Clause 7 subject to the affirmative rather than the negative resolution procedure. The negative resolution procedure is appropriate for this type of order-making power, but perhaps it would be helpful to explain why it is necessary in this clause. The reason is simply this: these orders can be imposed on all persons, whether they are individuals, bodies corporate, partnerships or other unincorporated associations. It is not possible to say categorically that a type of legal person will not be created in the future for whom it would be wrong or inappropriate to grant an order. The clause allows the Secretary of State to make an order that certain persons specified in the order cannot have an order imposed on them. For that reason, we cannot accept and must resist the amendment. I can say of Amendments Nos. 64 and 130 only that they are consequential. The two amendments to which I spoke first follow from them. We shall take away Amendment No. 66 for further thought and come back to the House on it on Report, but we must continue to resist Amendment No. 65.