Police, Crime, Sentencing and Courts Bill

Debate between Baroness Williams of Trafford and Lord Ashton of Hyde

3rd reading
Tuesday 25th January 2022 Lords Chamber

[Lord Ashton of Hyde (Con)]

My Lords, it may be helpful for me to say a few words about Third Reading amendments. In line with the procedure agreed by the House, yesterday evening the Public Bill Office advised the usual channels that Amendment 1 on the Marshalled List for Third Reading today falls outside the guidance in the Companion on Third Reading amendments. The Clerk of Legislation advised as follows:

“In my view, this amendment falls clearly outside the guidance. The issue was fully debated and decided on a vote at Report. The Minister was asked to reconsider and come back at Third Reading; he clearly and repeatedly declined (see cols 1947-50). In my view, the amendment is not addressing an uncertainty; it would reopen the issue and significantly change what the House decided.”


On the basis of that advice, the usual channels and the Convener of the Cross-Bench Peers are recommending to the House that Amendment 1, in the name of the noble and learned Lord, Lord Falconer of Thoroton, should not be moved. I therefore invite the noble and learned Lord, when the time comes, not to move his amendment.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, before we move on to the amendments, I want to put on record a few remarks about the position of the Bill in relation to devolution. The great majority of the provisions in the Bill apply to England and Wales; a number also apply to Scotland and/or Northern Ireland. Throughout the preparation and passage of the Bill we have been working closely with each of the devolved Administrations and I pay tribute to officials and Ministers in Scotland, Wales and Northern Ireland for their constructive engagement and support.

There are provisions in the Bill which engage the legislative consent process in the Scottish Parliament, Senedd Cymru and the Northern Ireland Assembly. I am pleased that the Scottish Parliament has issued legislative consent on the advice of the Scottish Government in respect of those provisions which relate to devolved matters in Scotland. Just last week, Senedd Cymru considered two legislative consent Motions and, on the recommendation of the Welsh Government, agreed to legislative consent to one of these Motions but rejected the other Motion. I am pleased to say that the LCM agreed by the Senedd gave legislative consent to all the measures in the Bill which, in the view of the UK Government, engaged the LCM process in the Senedd itself. In addition, the LCM passed by the Senedd also covered the measures in the Bill relating to the increase in the maximum penalty for assaulting an emergency worker and the extraction of information from electronic devices. In the view of the UK Government, these measures related strictly to reserved matters and therefore did not engage the LCM process or, indeed, require legislative consent.

Turning to the second Motion put forward by the Welsh Government, the Senedd declined to give its legislative consent to certain provisions in the Bill relating to criminal damage to memorials, public order and unauthorised encampments. I therefore want to put on record that, in the view of the UK Government, these measures again relate to reserved matters and therefore did not engage the LCM process, or indeed require legislative consent.

The Northern Ireland Assembly has already agreed to a legislative consent Motion in respect of certain measures in the Bill that engage the LCM process. That Motion did not, however, cover the Bill’s provisions relating to the extraction of information from electronic devices, which, in part, also engage the LCM process. I understand that the Northern Ireland Executive have now agreed to bring forward a supplementary LCM in respect of these measures, and that is due to be considered by the Assembly shortly.

Clause 3: Required life sentence for manslaughter of emergency worker

Amendment 1