§ 2 Page 2, line 37, leave out from ("unless") to end of line 39 and insert ("the requirements of this subsection were fulfilled in relation to the earlier warrant").
§ Lord EltonMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 2. This is a technical amendment designed to correct a deficiency in the drafting of the Bill. Clause 1(4) lays an obligation on the Secretary of State to satisfy himself, before issuing a warrant to supersede another, that reasonable steps were taken before the earlier warrant was issued to inform the prisoner fully of all relevant matters it was desirable that he should know before giving his consent to transfer. Provided that such reasonable steps were originally taken, there is no need for the prisoner to be given identical information yet again in the case of a warrant superseding an earlier one.
The Bill as drafted did not, however, allow for the possibility that in some cases there might be more than one earlier warrant. In that case, the most recent earlier warrant would not have been immediately preceded by the provision of information to the prisoner in accordance with paragraphs (a) and (d) of subsection (4) of this clause, although the Secretary of State would, of course, have needed to be satisfied that the prisoner had been properly informed before the initial warrant was issued. This amendment is designed to correct that deficiency, which, had it been last night, I should not have described in such detail. My Lords, I beg to move.
§ Moved, That this House doth agree with the Commons in the said amendment.—(Lord Elton.)
§ Lord MishconMy Lords, perhaps I may be allowed an elaboration of speech by saying tonight, as distinct from last night, that we are very happy, too, with this amendment, which is really technical.
§ On Question, Motion agreed to.