Coroners and Justice Bill

I will comment on the process of making an order. While the noble Lord is quite right that there is no opportunity to amend an order within the House of Lords, the process of consultation that leads to an order is one in which the Government take account of inputs to alter and amend. Any future extension of the scope of the scheme would be considered on a case-by-case basis. Any statutory instrument made under this power would be subject to the affirmative resolution procedure, thereby permitting detailed parliamentary scrutiny. We do not consider it necessary or desirable for such changes to be made by primary legislation, especially if we wish to retain the flexibility to add new offences or conditions at short notice. I remind the Committee that this order-making power was considered by the Delegated Powers and Regulatory Reform Committee, which approved it. The last time the House voted against a Motion approving an affirmative instrument was 28 March 2007, on the Gambling (Geographical Distribution of Casino Premises Licences) Order 2007, when the Government were defeated by 123 votes to 120. As a result, noble Lords will recall, that provision—the super-casinos provision—was withdrawn by the Government. That saw the end of that idea. Before that, records indicate that Governments have been defeated on three occasions on statutory instruments, one negative and two affirmative. Government Amendment 185A relates to Clause 86, which extends automatic eligibility for special measures to witnesses to certain gun and knife offences listed in Schedule 12. The amendment responds to a recommendation by the Delegated Powers and Regulatory Reform Committee. Eligibility for special measures is determined by reference to a list of relevant offences, which may be amended by order subject to the negative resolution procedure. The committee recommended that this power should be subject to the affirmative procedure. We are happy to accept the committee’s recommendation and seek to amend Clause 86 accordingly. I hope that this also answers the concerns of the noble Lord, Lord Thomas, whose Amendment 185ZG would remove the power of the Secretary of State to add to or otherwise amend the offences in Schedule 12. This power is included as a sensible precaution to provide flexibility for the future. It will enable us, for example, to add, where appropriate, any new offences involving the use of knives and guns that may be created in the future. It also follows the form established in the parent legislation, the Youth Justice and Criminal Evidence Act 1999, where, under Section 18(5), the Secretary of State has the power to add to or amend the special measures provisions by affirmative order. In the light of this explanation and the conclusions of the Delegated Powers and Regulatory Reform Committee, I hope that the noble Lord will feel able not to press his amendment.