HC Deb 28 October 1980 vol 991 cc448-51
Mr. Brittan


The First Deputy Chairman

Order, the amendment in the name of the right hon. Member for Leeds, South (Mr. Rees) comes first.

Mr. Merlyn Rees

In view of the discussions we had this afternoon, and as much as I could argue that our shorter amendment does exactly the same thing, it is much better at this stage of the game to leave it to the Government.

Mr. Brittan

If that is the consequence of reaching this stage of the game, it is a happier stage to reach than I would otherwise have expected.

I beg to move, in page 5, line 29, leave out "three months" and insert "one month".

The First Deputy Chairman

With this we may discuss the following Government amendment, in page 5, line 40, leave out "three months" and insert "one month".

Mr. Brittan

These Government amendments are designed to implement the changes that I described at some length on Second Reading. They do exactly that, no more, no less. I hope that, in view of the hour, the Committee will regard it as satisfactory for me to leave the matter at that for the moment, and to answer later any points that arise. The amendments give effect fully to the point that I have explained in some detail on the question of the duration of the Bill. If there are any points that arise in the consideration of the amendments, I shall be happy to answer them.

Mr. Merlyn Rees

May I say on behalf of the Opposition that the fact that we shall have to look again at the Bill in a month's time if the prison problem is still with us makes it acceptable, and we are grateful to the Government for conceding our request. In the longer term, in a year's time the Government will have to reintroduce the Bill barring clause 6. We thank the Government, but we consider that it is the right thing for them to have done.

Amendment agreed to.

Amendments made:

In page 5, line 40, leave out 'three months' and insert 'one month'.

In page 6, line 3, leave out from beginning to 'shall' in line 6 and insert '(4) No order under subsection (2)'.

In page 6, line 12, leave out '(b)'.

In page 6, line 16, leave out '40' and insert '7'.

In page 6, line 22, leave out '40' and insert '7'.

In page 6, line 24, at end insert— '(6A) Subject to subsection (6B) below, Part I of this Act and the preceding provisions

Division No. 479] AYES [4.59 am
Alexander, Richard Douglas-Hamilton, Lord James Hunt, David (Wirral)
Baker, Nicholas (North Dorset) Dover, Denshore Jopling, Rt Hon Michael
Beaumont-Dark, Anthony Dunn, Robert (Dartford) Kellett-Bowman, Mrs Elaine
Berry, Hon Anthony Eyre, Reginald Knight, Mrs Jill
Best, Keith Faith, Mrs Sheila Lang, Ian
Bevan, David Gilroy Fell, Anthony Le Marchant, Spencer
Biggs-Davison, John Fenner, Mrs Peggy Lester, Jim (Beeston)
Blackburn, John Fletcher-Cooke, Charles Lloyd, Peter (Fareham)
Boyson, Dr Rhodes Garel-Jones, Tristan Lyell, Nicholas
Braine, Sir Bernard Gow, Ian Major, John
Bright, Graham Gower, Sir Raymond Marlow, Tony
Brinton, Tim Griffiths, Peter (Portsmouh N) Mates, Michael
Brittan, Leon Grylls, Michael Mather, Carol
Brooke, Hon Peter Gummer, John Selwyn Maude, Rt Hon Angus
Brown, Michael (Brigg & Sc'thorpe) Havers, Rt Hon Sir Michael Maxwell-Hyslop, Robin
Butcher, John Hawkins, Paul Meyer, Sir Anthony
Carlisle Kenneth (Lincoln) Hawksley, Warren Mills, Iain (Meriden)
Clark, Hon Alan (Plymouth, Sutton) Hayhoe, Barney Moate, Roger
Colvin, Michael Henderson, Barry Morrison, Hon Peter (City of Chester)
Cope, John Hogg, Hon Douglas (Grantham) Murphy, Christopher
Costain, Sir Albert Hooson, Tom Myles, David
Dorrell, Stephen Hordern, Peter Neale, Gerrard

of this section shall by virtue of this subsection be repealed as from the end of the period of twelve months beginning with the date on which this Act is passed.

(6B) The Secretary of State may by order made by statutory instrument postpone or further postpone the time as from which the repeal provided for in subsection (6A) above is to have effect; but any particular order under this subsection shall not postpone or further postpone that time beyond the end of the period of twelve months beginning with the coming into operation of that order.

(6C) Every order under subsection (6B) above—

  1. (a) shall be laid before Parliament; and
  2. (b) shall cease to have effect at the expiry of a period of 40 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by resolution of each House of Parliament, but without prejudice to anything previously done or to the making of a new order.

In reckoning for the purposes of this subsection any period of 40 days, no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.'

In page 6, line 25, after 'expiry' insert 'or repeal'.—[Mr. Brittan.]

Clause 8, as amended, ordered to stand part of the Bill.

Clause 9 ordered to stand part of the Bill.

Bill reported, with amendments.

Motion made, and Question, That the Bill be now read the Third time, put forthwith pursuant to Standing Order No. 56 (Third Reading):

The House divided: Ayes 108, Noes 7.

Needham, Richard Shaw, Michael (Scarborough) Thompson, Donald
Nelson, Anthony Shepherd, Colin (Hereford) Thorne, Neil (Ilford South)
Normanton, Tom Shepherd, Richard (Aldridge-Br'hills) Tripper, David
Onslow, Cranley Silvester, Fred Wakeham, John
Page, Rt Hon Sir Graham (Crosby) Sims, Roger Waldegrave, Hon William
Page, Richard (SW Hertfordshire) Speller, Tony Wells, Bowen (Hert'rd & Stev'nage)
Parris, Matthew Spicer, Michael (S Worcestershire) Wheeler, John
Patten, Christopher (Bath) Stainton, Keith Whitelaw, Rt Hon William
Proctor, K Harvey Stanbrook, Ivor Wickenden, Keith
Raison, Timothy Stevens, Martin Wilkinson, John
Rathbone, Tim Stewart, John (East Renfrewshire) Wolfson, Mark
Rees-Davies, W. R. Stradling Thomas, J.
Rhys Williams, Sir Brandon Taylor, Teddy (Southend East) TELLERS FOR THE AYES:
Roberts, Michael (Cardiff NW) Tebbit, Norman Mr. David Waddington and
Sainsbury, Hon Timothy Thomas, Rt Hon Peter (Hendon S) Mr. Robert Boscawen
Shaw, Cites (Pudsey)
Campbell-Savours, Dale Soley, Clive
Cryer, Bob
English, Michael TELLERS FOR THE NOES:
Flannery, Martin Mr. John Tilley and
Mikardo, Ian Mr. Andrew F. Bennett
Richardson, Jo

Question accordingly agreed to.

Bill read the Third time and passed.

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