My Lords, I am, as always, grateful to the Minister for his response and particularly so because he has said that he is in principle prepared to accept the second of my two amendments or that he will come forward with proposals to cover it.
As regards my first amendment, I was tempted to say that the Government are unlikely to be in office long enough to do much about Clause 65 or for the Secretary of State to amend it. However, I thought that I had better have a quick look at the commencement provisions. I should offer further advice to the Government: if they are to bring forward a Bill of this sort, they must remember that the commencement provisions will become complicated. If the Minister looks at Clause 171, he will discover that the commencement provisions go on for a page and a half. We must begin by manfully—or should I say "personfully"—going through the whole of that clause desperately trying to find when and if Clause 65 is likely to be commenced. It may be covered by Clause 171(1)(j)(iii), relating to Part 3, but I am not sure whether Part 3— ""the repeals relating to the Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36) and the Supreme Court Act 1981 (c. 54)"—"
covers it, or whether it may be covered by subsection (5) of Clause 171, whereby: ""The other provisions of this Act come into force on such day as the Secretary of State may by order appoint"."
In other words, we are left completely unclear as to when and if Clause 65, particularly subsection (4), will come into effect.
However, I am grateful to the noble Lord for giving us an assurance that the Government have no plans to bring it into effect or to make any changes until the Secretary of State has had time to—did the noble Lord say "consult", because we all know what consultation means in the Ministry of Justice—if not consult, at least to consider matters further. If that is the case, it is extremely unlikely that the Government will get a chance to make any amendments to Clause 65 under subsection (4).
There is no need for the noble Lord to respond, unless he happens to have an answer. I intend to withdraw my Amendment 76 and I thank him for what he said about Amendment 76A. I hope that he will at some point write to me, in particular about the commencement clause. I beg leave to withdraw the amendment.
Amendment 76 withdrawn.
Amendment 76A not moved.
Clause 66 : Qualifying criminal investigations
Clause 66 : Qualifying criminal investigations
Amendment 76B not moved.
Clause 67 : Investigation anonymity orders
Clause 67 : Investigation anonymity orders
Amendments 76C and 76CA not moved.
Clause 68 : Applications
Clause 68 : Applications
Amendment 76D not moved.
Clause 69 : Conditions for making order
Clause 69 : Conditions for making order
Amendments 76E and 76F not moved.
Clause 70 : Appeal against refusal of order
Clause 70 : Appeal against refusal of order
Amendment 76G not moved.
Clause 71 : Discharge of order
Clause 71 : Discharge of order
Amendment 76H not moved.
Clause 72 : Delegation of functions
Clause 72 : Delegation of functions
Amendment 76J not moved.
Clause 73 : Public interest immunity
Clause 73 : Public interest immunity
Amendment 76K not moved.
Clause 74 : Application to armed forces
Clause 74 : Application to armed forces
Amendment 76L not moved.
Clause 75 : Interpretation of this Chapter
Clause 75 : Interpretation of this Chapter
Amendment 76M not moved.
Clause 77 : Applications
Amendment 76N
Clause 77 : Applications
Amendment 76N
Moved by
Coroners and Justice Bill
Proceeding contribution from
Lord Henley
(Conservative)
in the House of Lords on Wednesday, 28 October 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
Type
Proceeding contribution
Reference
713 c1194-6 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2025-01-04 09:27:18 +0000
URI
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