HL Deb 03 July 1991 vol 530 cc1064-5

13Before Schedule 4, insert the following new schedule:

("SCHEDULE LIFE SENTENCES REVIEW TRIBUNAL

1. The Tribunal shall consist of—

  1. (a) a judge of the High Court, who shall be the chairman;
  2. (b) a registered medical practitioner who is a psychiatrist;
  3. (c) a chief probation officer.

2.The chairman shall be appointed by the Lord Chancellor and the other members by the Secretary of State.

3.A person appointed to be the chairman or other member of the Tribunal shall hold and vacate office under the terms of the instrument by which he is appointed, but may at any time resign his office, and a person who ceases to hold office as a member of the Tribunal shall be eligible for reappointment.

4.In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (Bodies of which all members are disqualified) there shall be inserted at the appropriate place the following entry— The Life Sentences Review Tribunal constituted under section (Life Sentence Review Tribunal) of the Criminal Justice Act 1991.

5.There shall be paid to the members of the Tribunal other than the chairman such remuneration and allowances as the Secretary of State may with the consent of the Treasury determine.

6.The expenses of the Tribunal under paragraph 5 above and any other expenses incurred by the Tribunal in the discharge of its functions shall be defrayed by the Secretary of State.

7.The Tribunal shall as soon as practicable after the end of each year make to the Secretary of State a report on the performance of its functions during that year; and the Secretary of State shall lay a copy of the report before Parliament.

8.—(1) The Lord Chancellor may make rules with respect to the procedure to be followed by the Tribunal in cases referred to it under section (Review of life sentences by Tribunal).

(2)Rules under this paragraph may in particular make provision—

  1. (a) for making available to the person whose case is under consideration by the Tribunal copies of any documents relevant to his case and a copy of any relevant oral information supplied to the Tribunal except where it considers that it would not be in the public interest to disclose such documents or information;
  2. (b) for requiring the Tribunal to furnish reasons for any decision given by it in such circumstances as may be prescribed;
  3. (c) for enabling any matters preliminary or incidental to a review to be dealt with by any member of the Tribunal designated by the chairman.

(3)The power to make rules under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.")

The Commons disagreed to this amendment for the following reason:

13Abecause it would involve a charge on the public revenue and the Commons do not offer any further reason trusting that the above reason may be deemed sufficient.

Earl Ferrers

My Lords, I beg to move that the House do not insist on their Amendment No. 13 to which the Commons have disagreed for the reason numbered 13A.

Moved, That the House do not insist on their Amendment No. 13 to which the Commons have disagreed for the reason numbered 13A.—(Earl Ferrers.)

On Question, Motion agreed to.