HL Deb 23 November 1978 vol 396 cc1118-20

4.49 p.m.

Lord MELCHETT rose to move, That the draft Rehabilitation of Offenders (Northern Ireland) Order 1978, laid before the House on 8th November, be approved. The noble Lord said: My Lords, this order would enable people convicted of relatively minor offences and subject to certain exceptions to wipe their slate clean after a specified period, provided they were not reconvicted within that period. The order will not apply, for example, to those convicted of terrorist offences.

Your Lordships' House did, in fact, approve a virtually identical order on 16th February this year. However, during the subsequent debate in another place, that order was criticised because it contained provisions to make subordinate legislation subject to Negative Resolution procedure, while similar legislation made under the corresponding provisions of the Rehabilitation of Offenders Act 1974 would be subject to Affirmative Resolution procedure. My right honourable friend the Minister of State for Northern Ireland therefore withdrew the Motion that the order be approved.

We remain of the view that there was no general defect in the drafting of the original order, which was, in fact, drafted in precisely the same way as all other orders dealing with reserved matters in Northern Ireland. However, on looking at the order again, the Government have decided that there may be a case for making an exception in this particular order. During the debate in another place, Article 6(13) was singled out for particular criticism. That Article allowed the Secretary of State for Northern Ireland to vary the length of the rehabilitation period after which a conviction would become "spent", and gave the power to change a major provision of the legislation—but only subject to the Negative Resolution procedure. We have therefore decided that the power given by this particular Article is important enough for it to be, exceptionally, subject to the Affirmative Resolution procedure. This draft order now before the House provides for that. I hope your Lordships will give the same welcome to this significant measure of law reform as you did when the draft order was debated earlier this year. I beg to move.

Moved, That the draft Rehabilitation of Offenders (Northern Ireland) Order 1978, laid before the House on 8th November, (be approved.—Lord Melchett.)

Viscount LONG

My Lords, I am most grateful to the noble Lord for explaining the situation regarding this order. When some of us in your Lordships' House debated this matter in the summer I wondered whether we had overlooked the whole situation technically, and whether we were not doing our job, because the moment it went to the other place certain Members there tore it to pieces. They said it was either Negative or Affirmative and left the poor Minister of State high and dry to withdraw the Motion. I have nothing to add to the order except that I hope that this time it will be approved by another place. My Lords, I have nothing further to say at this stage.

Lord HAMPTON

My Lords, I, too, should like to join the noble Viscount, Lord Long, in what he has said. We passed this order in good faith last time and, rather rudely, it was thrown out by another place. We accept what the noble Lord has said. We know that they are working in good faith; I think they were accused of doing a dirty trick, but I do not believe that stands for a moment. We hope that the order goes through this time.

On Question, Motion agreed to.