I shall speak to other amendments in the group, Amendments 191ZE to 191ZG. Amendments 191ZE and 191ZG are essentially probing amendments. We wondered why "demand" was used in relation to prison places and "resources required" in relation to probation provision and youth justice services. The former sounds more imperious and as if it is more likely to be provided. Indeed, that is the expectation, as we have never reached a position in which our prison places have been officially declared as full, however much we may have been above the certified normal accommodation. There is a far greater need for resources for probation and youth justice services, for which the demand is great and the provision far below what is needed. Is there an assumption that, whatever the demand, prison places will be met and the rest can go hang? If that is the case, it is exactly the opposite of what it should be, in terms both of need and of justice. Will the Government be so kind as to explain what is meant in that subsection?
Amendment 191ZF is another probing amendment. Clause 118(1) says: ""This section applies where the Lord Chancellor refers to the Council any government policy proposal, or government proposal for legislation, which the Lord Chancellor considers may have a significant effect on one or more of the following"."
This is followed by the list including, ""demand for prison places … resources required for probation provision … resources required for … youth justice services"."
The clause does not make it a duty for the Lord Chancellor to refer such matters to the sentencing council. It does not even make it a permissive power, by saying, "it may refer". Why was it drafted in this way and what effect will it have on the actions of the Lord Chancellor in referring such matters to the council? This is interesting, in that potentially it implies challenges to government proposals for legislation in relation to effectiveness and a connection between proposals for legislation and how they may work, which would be a most constructive departure.
Coroners and Justice Bill
Proceeding contribution from
Baroness Linklater of Butterstone
(Liberal Democrat)
in the House of Lords on Wednesday, 15 July 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Coroners and Justice Bill.
Type
Proceeding contribution
Reference
712 c1243 
Session
2008-09
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2024-04-21 13:00:00 +0100
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