HL Deb 11 May 1983 vol 442 cc467-70

3.4 p.m.

The Lord Chancellor (Lord Hailsham of Saint Marylebone)

My Lords, I rise to move that the House do now resolve itself into Committee (on recommitment) on this Bill. I would remind the House that if this Motion is carried I have to leave and to change and then get on to the Front Bench. I hope that your Lordships will forgive me if I show some slowness in doing so.

Moved, That the House do now resolve itself into Committee (on recommitment).—(The Lord Chancellor.)

On Question, Motion agreed to.

House in Committee (on recommitment) accordingly.

[The EARL OF LISTOWEL in the Chair.]

Clauses 1 to 48 agreed to.

Clause 49 [Penalty for pretending to be registered]:

The Lord Chancellor moved Amendment No. 1: Page 39, line 41, leave out from ("exceeding") to end of subsection (1) and insert— ("level 5 on the standard scale (as defined in section 75 of the Criminal Justice Act 1982); and for the purposes of this subsection—

  1. (a) section 37 of that Act; and
  2. (b) an order under section 143 of the Magistrates' Courts Act 1980 which alters the sums specified in subsection (2) of the said section 37.
shall extend to Northern Ireland and the said section 75 shall have eflect as if after the words "England and Wales" there were inserted the words "or Northern Ireland".").

The noble and learned Lord said: May I give a short explanation of this amendment which is here to give effect to the wishes of the joint committee although, at first sight, one would not gather that. The penalty for the offence involved in the section—that is to say, the maximum penalty for the offence of pretending to be registered as a doctor—was the same throughout the United Kingdom at the time of the passing of the Medical Act 1956. It was then £500. The penalty was altered by general provisions of the Criminal Justice Act 1982 from £500 to level 5 on the standard scale which made it £1,000. But because that Act extends only to England, Wales and Scotland but not to Northern Ireland, the penalty for the offence in Northern Ireland was not thereby raised.

The Law Commission and the Scottish Law Commission recommended in their report on the consolidation of the Medical Acts (Command 8839) that this discrepancy in penalties should be removed and that the same maximum penalty of level 5 on the standard scale should apply throughout the United Kingdom—that is, also to Northern Ireland. That is contained in paragraph 4 of their report. When this matter came before the joint committee, they felt (no doubt, rightly) that the appropriate penalty for an offence was not a question to be decided by the committee but one which ought to be dealt with on the Floor of the House. Hence, the Bill was amended by the joint committee to ensure that the position under the current law which is to be altered in this minute particular should be discussed here. The amendment I am proposing restores the effect of the Law Commission recommendation. I beg to move.

Lord Elwyn-Jones

As it would appear that the purpose is to achieve uniformity of penalty in regard to legislation affecting the United Kingdom, including Northern Ireland, this would seem to be a sensible proposal.

On Question, amendment agreed to.

Clause 49, as amended, agreed to.

Clauses 50 to 57 agreed to.

Schedules 1 to 4 agreed to.

Schedule 5 [Consequential amendments of enactments]:

The Lord Chancellor moved Amendment No. 2: Page 63, line 38, leave out ("26(4)") and insert ("29(4)").

The noble and learned Lord said: This amendment corrects a reference to a provision in the Dentists Bill. I think it is purely technical. The correction is necessary because several clauses have been inserted in the Dentists Bill during its passage through Parliament prior to the clause referred to in Schedule 5 of the Medical Bill and the number of that clause has subsequently altered. I beg to move.

On Question, amendment agreed to.

Schedule 5, as amended, agreed to.

Schedule 6 agreed to.

Schedule 7 [Enactment repealed]:

The Lord Chancellor moved Amendment No. 3: Page 68, line 37, column 3, leave out ("5") and insert ("6").

The noble and learned Lord said: This amendment is somewhat similar. It corrects a reference to a provision in the Health and Social Services and Social Security Adjudications Act. The correction is necessary because a new schedule was inserted in that Bill during its passage through Parliament prior to the schedule referred to in Schedule 7 to the Medical Bill and the number of that schedule has been subsequently altered. I beg to move.

Lord Elwyn-Jones

This is yet another of the revolutionary amendments which we are now accustomed to hearing from the noble and learned Lord!

Lord Foot

May I ask whether, if we should say no to this proposition, it will form part of the Tory Party's manifesto?

The Lord Chancellor

Undoubtedly—and so will the fact that it was opposed by the Liberal Party.

On Question, amendment agreed to.

Schedule 7, as amended, agreed to.

House resumed: Bill reported with the amendments: Report received.

(Then, Standing Order No. 43 having been suspended (pursuant to Resolution of 10th May): Bill read a third time.

The Lord Chancellor

My Lords, I beg to move that the Bill do now pass. I would like to thank all concerned who have helped me to get the Bill to this penultimate stage.

Moved, That the Bill do now pass.—(The Lord Chancellor.)

On Question, Bill passed, and sent to the Commons.