HL Deb 12 July 1994 vol 556 cc1803-10

THE PAROLE BOARD: SUPPLEMENTARY PROVISIONS

Status and capacity

1.—(1) The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board's property shall not be regarded as property of, or held on behalf of, the Crown.

(2) It shall be within the capacity of the Board as a statutory corporation to do such things and enter into such transactions as are incidental to or conductive to the discharge of its functions under Part II of this Act.

Membership

2.—(1) The Board shall consist of a chairman and not less than four other members appointed by the Secretary of State.

(2) The Board shall include among its members—

  1. (a) a person who holds or has held judicial office.
  2. (b) a registered medical practitioner who is a psychiatrist;
  3. (c) a person appearing to the Secretary of State to have knowledge and experience of the supervision or after-care of discharged prisoners; and
  4. (d) a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.

(3) A member of the Board—

  1. (a) shall hold and vacate office in accordance with the terms of his appointment;
  2. (b) may resign his office by notice in writing addressed to the Secretary of State;
and a person who ceases to hold office as a member of the Board shall be eligible for re-appointment.

Payments to members

3.—(1) The Board may pay to each member such remuneration and allowances as the Secretary of State may determine.

(2) The Board may pay or make provision for paying to or in respect of any member such sums by way of pension, allowances or gratuities as the Secretary of State may determine.

(3) If a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances that make it right that he should receive compensation, the Secretary of State may direct the Board to make to that person a payment of such amount as the Secretary of State may determine.

(4)A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

Proceedings

4.—(1) Subject to the provisions of section 32(5) of this Act, the arrangements relating to meetings of the Board shall be such as the Board may determine.

(2) The arrangements may provide for the discharge, under the general direction of the Board, of any of the Board's functions by a committee or by one or more of the members or employees of the Board.

(3) The validity of the proceedings of the Board shall not be affected by any vacancy among the members or by any defect in the appointment of a member.

Staff

5.—(1) The Board may appoint such number of employees as it may determine.

(2) The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the Board.

(3) Any determination under sub-paragraph (1) or (2) shall require the approval of the Secretary of State given with the consent of the Treasury.

(4) The Employers' Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Board.

6.—(1) Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of Other Bodies there shall be inserted—

Parole Board.".

(2) The Board shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

Financial provisions

7.—(1) The Secretary of State shall pay to the Board—

  1. (a) any expenses incurred or to be incurred by the Board by virtue of paragraph 3 or 5; and
  2. (b) with the consent of the Treasury, such sums as he thinks fit for enabling the Board to meet other expenses.

(2) Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament.

Authentication of Board's seal

8. The application of the seal of the Board shall be authenticated by the signature of the Chairman or some other person authorised for the purpose.

Presumption of authenticity of documents issued by Board

9. Any document purporting to be an instrument issued by the Board and to be duly executed under the seal of the Board or to be signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Accounts and audit

10.—(1) It shall be the duty of the Board—

  1. (a) to keep proper accounts and proper records in relation to the accounts;
  2. (b) to prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and
  3. (c) to send copies of each such statement to the Secretary of State and the Comptroller and Auditor General not later than 31st August next following the end of the financial year to which the statement relates.

(2) The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Board and shall lay a copy of every such statement and of his report before each House of Parliament.

(3) In this paragraph, "financial year" means the period beginning with the date on which the Board is incorporated and ending with the next following 31st March, and each successive period of twelve months.

Reports

11. The Board shall as soon as practicable after the end of each financial year make to the Secretary of State a report on the performance of its functions during the year; and the Secretary of State shall lay a copy of the report before Parliament." ").

The noble Earl said: My Lords, this amendment was spoken to with Amendment No. 142. I beg to move.

On Question, amendment agreed to.

Schedule 11 [Repeals]:

Earl Ferrers moved Amendments Nos. 189 and 190:

Page 189, line 11, column 3, at beginning insert:

("In section 43(1) (a), the words "trial or".").

Page 189, line 13, column 3, at end insert:

("In section 43(2) (b) and (c), the words "trial or".").

The noble Earl said: My Lords, these amendments were spoken to with Amendment No. 56. I beg to move.

On Question, amendments agreed to.

Earl Ferrers moved Amendment Nos. 191 and 192:

Page 189, line 14, column 3, at beginning insert:

("In section 2(1), the word "unlawful".") .

Page 189, line 14, column 3, at end insert:

("In section 3(1), the word "unlawful".") .

The noble Earl said: My Lords, in moving these amendments I should like also to speak to Amendment No. 197. These are purely technical amendments. They are consequential upon your Lordships' decision to accept at Committee stage an amendment put forward by the noble Lord, Lord Lester of Herne Hill, which clarifies that it is an offence for a man to rape his wife. I beg to move.

On Question, amendments agreed to.

Earl Ferrers moved Amendment No. 193:

Page 189, line 30, at end insert:

("1967 c.60. Sexual Offences Act 1967. In section 1(1), the words "but subject to the provisions of the next following sec- tion". Section 1(5). Section 2.").

The noble Earl said: My Lords, this amendment was spoken to with Amendment No. 154. I beg to move.

On Question, amendment agreed to.

[Amendment No. 193A not moved.]

Earl Ferrers moved Amendments Nos. 194 and 195:

Page 189, line 40, column 3, leave out from ("from") to end of line 42 and insert:

(""section 13(3)" to "but"").

Page 190, line 18, at end insert:

("1973 c. 62. Powers of Criminal Courts Act 1973. In section 32(1) (b), the words "tried or".").

The noble Earl said: My Lords, these two amendments were spoken to with Amendment No. 56. I beg to move.

On Question, amendments agreed to.

Earl Ferrers moved Amendment No. 196:

Page 190, line 18, at end insert:

("1974 c.23. Juries Act 1974. In section 10, the words "physical disa-bility or".").

The noble Earl said: My Lords, this amendment is consequential to the new clause on disabled persons and jury service which was accepted by the House on 7th July. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 197:

Page 190, line 25, at end insert:

("1976 c. 82. Sexual Offences (Amendment) Act 1976, Section 1(1).")

The noble Earl said: My Lords, this amendment was; spoken to with Amendment No. 191. I beg to move.

On Question, amendment agreed to.

Lord McIntosh of Haringey moved Amendment No. 197A:

Page 190, line 25, at end insert:

("1976 c. 82. Sexual Offence (Amendment) Act 1976. In section 7(2), the words from "referen-ces" to "only);".").

The noble Lord said: My Lords, this amendment was spoken to with Amendment No. 126B. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 198:

Page 190, line 27, at end insert:

("1978 c. 30. Interpretation Act 1978. In Schedule 1, para-graph (a) of the defini-tion of "Committed for trial".").

The noble Earl said: My Lords, this amendment was spoken to with Amendment No. 56. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 198A:

Page 190, line 53, at end insert:

("1980 c. 62. Criminal Justice (Scotland) Act 1980. In section 80, subsec-tion (5); in subsection (7), paragraph (d) and the word "; or" im-mediately preceding that paragraph; and subsection (8).").

The noble Earl said: My Lords, this amendment was spoken to with Amendment No. 153B. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendments Nos 199 and 200:

Page 190, line 53, at end insert:

("1981 c. 47. Criminal Attempts Act 1981. In section 2(2) (g), the words "or committed for trial".").

Page 190, line 54, column 3, at beginning insert:

("In section 1(2), the words "trial or".").

The noble Earl said: My Lords, Amendments Nos. 199 and 200 were spoken to with Amendment No. 56. I beg to move.

On Question, amendments agreed to.

Earl Ferrers moved Amendment No. 201:

Page 191, line 3, at end insert:

("S.I. 1982/1536 (N.I. 19) Homosexual Offences (Northern Ireland) Order 1982. In Article 3, in para-graph (1), the words "and Article 5 (merch-ant seamen)" and para-graph (4). Article 5").

The noble Earl said: My Lords, this amendment was spoken to with Amendment No. 154. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 202: Page 191, column 3, leave out line 33.

The noble Earl said: My Lords, this amendment was spoken to with Amendment No. 184. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 203: Page 192, line 13, column 3, at end insert ("section 50(4)").

The noble Earl said: My Lords, this amendment was spoken to with Amendment No. 143. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 204:

Page 192, line 13, column 3, at end insert: ("Section 52(2).").

The noble Earl said: My Lords, this amendment was spoken to with Amendment No. 184. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 205: Page 192, line 17, at end insert:

("S.I. 1992/1829. Parole Board (Transfer of Functions) Order 1992. In Article 3, the words from "and 39" to "licence)" and the words "and (4)".").

The noble Earl said: My Lords, this amendment was spoken to with Amendment No. 143. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 206: Page 192, line 21, after second ("the") insert (", Sexual Offences Act 1967, the").

The noble Earl said: My Lords, this amendment was spoken to with Amendment No. 154. I beg to move.

On Question, amendment agreed to.

Lord McIntosh of Haringey moved Amendment No. 206A: Page 192, line 21, after ("1968") insert (", the Sexual Offences (Amendment) Act 1976").

The noble Lord said: My Lords, this amendment was spoken to with Amendment No. 126B. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendments Nos. 207 and 208: Page 192, line 21, leave out ("and").

Page 192, line 22, at end insert (", the Criminal Justice (Scotland) Act 1980 and the Homosexual Offences (Northern Ireland) Order 1982.").

The noble Earl said: My Lords, these amendments were spoken to with Amendment No. 154. I beg to move them en bloc.

On Question, amendments agreed to.

Clause 159 [Short title, commencement and extent]:

Lord McIntosh of Haringey moved Amendment No. 208A: Page 126, line 33, after ("section") insert ("75 and").

The noble Lord said: My Lords, this amendment was spoken to with Amendment No. 124A. I beg to move.

On Question, amendment agreed to.

[Amendment No. 209 not moved.]

Earl Ferrers moved Amendment No. 209A: Page 126, line 44, leave out ("75") and insert ("74").

The noble Earl said: My Lords, I understand that this amendment goes with an amendment which was accepted earlier. On behalf of my noble friend, I beg to move.

On Question, amendment agreed to.

Lord McIntosh of Haringey moved Amendment No. 209B: Page 126, line 45, after ("VIII,") insert ("(Rape of women and men), (Sexual offences: revised penalties),").

The noble Lord said: My Lords, this amendment was spoken to with Amendment No. 126B. I beg to move. On Question, amendment agreed to.

Baroness David moved Amendment No. 210: Page 126, line 45, after ("VIII") insert ("(offence of selling confidential financial information)").

The noble Baroness said: My Lords, this amendment was spoken to with Amendment No. 146B, when the House accepted the amendment of the noble and learned Lord, Lord Brightman. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 211: Page 126, line 45, before ("144") insert ("Powers to recall prisoners released on licence),").

The noble Earl said: My Lords, this amendment was spoken to with Amendment No. 143. I beg to move. On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 212: Page 126, line 45, after ("144,") insert ("145, 146,")

The noble Earl said: This amendment was spoken to with Amendment No. 154. I beg to move.

On Question, amendment agreed to.

[Amendment No. 212ZA not moved.]

Lord McIntosh of Haringey moved Amendment No. 212A: Page 126, line 46, at end insert:

("(4A) Section 75 shall come into force in relation to the area of any local authority on such day as the Secretary of State may appoint by order made by statutory instrument, provided that the day appointed shall not be before 1st July 1999.

(4B) No order under subsection (4A) above shall be made unless it has been laid before, and approved by, each House of Parliament.").

The noble Lord said: My Lords, this amendment was spoken to with Amendment No. 124A. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 213: Page 127, line 10, leave out from ("56") to ("65") in line 11 and insert ("to 62, ').

The noble Earl said: My Lords, this amendment was spoken to with Amendment No. 98. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 213A: Page 127, line 11, after ("77,") insert ("145(6),").

The noble Earl said: My Lords, this amendment was spoken to with Amendment No. 153B. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 213B: Page 127, line 11, after ("147(1),") insert ("(2A) and (3A), (Local authority powers to provide closed-circuit television)").

The noble Earl said: My Lords, this amendment was spoken to with Amendment No. 169ZB. I beg to move.

On Question, amendment agreed to.

[Amendment No. 214 not moved.]

Earl Ferrers moved Amendment No. 214A: Page 127, line 15, after ("152,") insert ("(Enforcement of certain offences relating to copyright and illicit recordings),").

The noble Earl said: My Lords, this amendment was spoken to with Amendment No. 169A. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 215: Page 127, line 26, after ("144(2),") insert ("145(3),").

The noble Earl said: My Lords, this amendment was spoken to with Amendment No. 153B. I beg to move.

On Question, amendment agreed to.

[Amendment No. 216 not moved.]

Earl Ferrers moved Amendment No. 217:

Page 127, line 31, after ("81(2)") insert (",144(3), 146")

The noble Earl said: My Lords, this amendment was spoken to with Amendment No. 154. I beg to move.

On Question, amendment agreed to.

[Amendment No. 218 had been withdrawn from the Marshalled List.]

In the Title:

Earl Ferrers moved Amendment No. 218A: Line 1, leave out from first ("to") to end of title and insert ("make further provision in relation to criminal justice (including employment in the prison service); to amend or extend the criminal law and powers for preventing crime and enforcing that law; to amend the Video Recordings Act 1984; and for purposes connected with those purposes.").

The noble Earl said: My Lords, I should be delighted to be able to tell the noble and learned Lord, Lord Simon of Glaisdale—if he were here—that Amendment No. 218A is being moved because, if not necessarily inspired by the noble and learned Lord's own amendment brought forward at Committee stage, it certainly reflects the spirit of that amendment. I am sure that it would have the approval of the noble and learned Lord and also that of my noble and learned friend Lord Hailsham who is always keen on brevity, and the noble Lord, Lord Harris of Greenwich, who takes every opportunity of pillorying the Government over anything. The length of the Long Title did not escape the lash of the noble Lord's tongue, even if the tongue is not at present in the Chamber.

The amendment considerably shortens the Long Title of the Bill. I beg to move.

Lord Tordoff

My Lords, I rise in defence of my noble friend and also to say that the noble and learned Lord, Lord Simon of Glaisdale, is always hen; in spirit whether or not he is here in person. He will no doubt be grateful to the Minister for making this; amendment to the Long Title.

Lord McIntosh of Haringey

My Lords, I thought that the noble and learned Lord the Lord Chancellor would wish to inform the House that Amendment No. 219 is pre-empted by Amendment No. 218A.

Earl Ferrers

My Lords, while my noble and learned friend is considering that important procedural matter perhaps I can say that I am grateful to the noble Lord, Lord Tordoff, for his gracious comments. The noble: Lord, Lord Harris, said that we were making the Long Title very long and we accepted the spirit of what both, he and the noble and learned Lord, Lord Simon of Glaisdale, said; that is, to make the Long Title shorter. In fact, if we had made the Long Title shorter in the beginning it would have enabled more things to be added to the Bill than having a longer Long Title at the beginning. Now that we have come to the end of the Bill it is appropriate to make the Long Title shorter.

On Question, amendment agreed to.

[Amendment No. 219 not moved.]