Victims and Prisoners Bill

(Limited Text - Ministerial Extracts only)

Report stage
Tuesday 21st May 2024 Lords Chamber

Moved by

[Lord Bellamy]

119YD: Clause 41, page 39, line 12, leave out from second “the” to end of line 13 and insert “High Court.”
Member’s explanatory statement
This amendment is consequential on my amendment of Clause 44, page 45, line 4.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, as noble Lords will recall, there is a power created in Clauses 44 and 45 of the Bill that will allow the Secretary of State to refer release decisions made by the Parole Board to the Upper Tribunal. When we debated this issue in Committee, I said that we were satisfied at that time that the Upper Tribunal has the necessary skills and powers to deal with these referral cases, having consulted the Judicial Office on that matter last summer.

However, the Government have listened carefully to the arguments put forward for this amendment by noble Peers in Committee, including by two former Lord Justices, and, in the light of that debate, I asked the judiciary to reconsider this matter. The unanimous view put forward was that, given how the intervention power in the Bill has evolved over the time, the High Court is the most appropriate venue to hear referred parole cases. I therefore tabled amendments that will make that change.

I take this opportunity to put on record my thanks to the members of the Upper Tribunal Administrative Appeals Chamber for their work with my officials on the measures in the Bill and to make it clear that this decision does not, in any way, reflect on the important work of that chamber; it is simply a matter of deciding where this power should best reside within the upper judiciary system.

There are two other technical amendments related to the referral power—my Amendments 122E and 122F —which will ensure that there is clear, lawful authority to detain a prisoner while the Secretary of State decides whether to refer their case to the High Court. As the decision-making process cannot be fully undertaken until the board has directed the Secretary of State to release the prisoner, it is essential to have these interim protections, so that there is a proper authority to detain the prisoner in the meantime. I beg to move.

[Lord Thomas of Cwmgiedd (CB)]

I am very grateful to the Minister for what he said and the amendments he has put forward. For reasons that would be boring to explain, they achieve exactly the same result in practice as the amendments put forward by myself and the noble and learned Lord, Lord Burnett of Maldon. I am delighted that the Government have accepted this and I concede that their amendments are simpler.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I, too, thank the Minister for the government amendments in this group. The Government have listened carefully to the two previous Lord Chief Justices and decided that the High Court is the most appropriate place to hear parole referrals. The noble and learned Lord, Lord Thomas, said that the Government’s amendments in this group were better than his, which has circumscribed the debate.

The noble Lord, Lord Marks, raised an interesting point about how the courts should deal expeditiously with parole-type matters, and I will listen with interest to what the Minister has to say on that.

[Lord Bellamy (Con)]

My Lords, on the point raised by the noble Lord, Lord Marks, once referred to the court, the timetable and listing will be a matter for the court, but I am sure that it will take account of the need for expedition and the remarks made in the Chamber just now.

Amendment 119YD agreed.

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Moved by

[Lord Bellamy]

120A: Clause 41, page 39, line 32, at end insert—
“(5) In section 32ZZA (imprisonment or detention for public protection: powers in relation to release of recalled prisoners) (inserted by section 48 of this Act), after subsection (3) insert—(3A)The Secretary of State must not be satisfied as mentioned in subsection (3) unless the Secretary of State considers that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm (and section 28ZA(4) applies for the purposes of that assessment).”The Secretary of State must not be satisfied as mentioned in subsection (3) unless the Secretary of State considers that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm (and section 28ZA(4) applies for the purposes of that assessment).””Member's explanatory statement
This amendment is consequential on my amendment of Clause 48, page 52, line 27, inserting new section 32ZZA of the Crime (Sentences) Act 1997.

[Lord Bellamy (Con)]

My Lords, I am very grateful to all noble Lords who spoke in Committee to these matters affecting IPP prisoners and to all those who have continued to engage in constructive debate with us in preparation for Report. I fully share the desire to use this opportunity to do all that we reasonably can to help offenders serving the IPP sentence to progress towards release, where that is safe to do so. To that end, we have brought forward four substantive government amendments and are taking other important measures as well. Indeed, progressing IPP licence termination and swiftly considering cases for release remain one of the top priorities for HMPPS and this Government, and I emphasise that.

The first amendment, Amendment 139A, applies where the Parole Board directs the re-release of an IPP prisoner. The amendment grants the Secretary of State the power to decide that the recall should have no effect for the purpose of the two-year automatic period, which is the period before the licence automatically terminates. Under the current measures in the Bill, the two-year clock will be reset when an offender recalled during the automatic period is subsequently re-released by the Parole Board. This would mean they would be required to serve a further two years in the community before the licence would be terminated automatically.

However, the Government’s amendment would enable the Secretary of State to decide that the recall should have no effect on the automatic period if he considers it to be in the interests of justice, much as the noble Lord, Lord Carter of Haslemere, has proposed in his amendments to introduce a power of executive re-release, which I will come on to shortly. In these circumstances, if the recall is disregarded for the purposes of the automatic period, the clock will not reset on their release from prison and the offender would then be required only to remain on licence for whatever time remained of the two-year automatic period. I must stress, however, that this discretionary power would not apply to all IPP recalls in the qualifying period; it would be a matter for the decision of the Secretary of State in the light of all the circumstances.

The Government’s second amendment concerns the amendments of the noble Lord, Lord Carter—Amendments 137 and 146—to grant the Secretary of State the power to re-release a recalled IPP offender without the need to go through the Parole Board process at all and for the offender to benefit from the automatic period as if the recall had not occurred. Our Amendment 139B will permit the Secretary of State to re-release recalled IPP prisoners and mirrors a power that the Secretary of State currently has to re-release offenders serving determinate sentences—now referred to as risk-assessed recall review, known colloquially as RARR. This is an executive power, and it will be for the Secretary of State to decide if and when to use it. We have also included an amendment to enable the Secretary of State to impose licence conditions in a recalled IPP offender’s licence if the Secretary of State uses this power to re-release them on licence.

This amendment also, again, includes a parallel power for the Secretary of State to decide that the recall of an IPP offender should have no effect for the purposes of the two-year automatic period, again where it is considered in the interests of justice. This will ensure that the Secretary of State has the same discretionary power regardless of whether the decision to release a recalled IPP offender is taken by the Parole Board or by the Secretary of State using the RARR power. The noble Lord, Lord Carter, made a compelling case for his amendments in Committee. I hope that he will agree that the amendment introduced by the Government achieves the objectives of his amendments and that he will not press Amendments 137 and 146.

The Government’s third amendment concerns the amendment of the noble Lord, Lord Blunkett—Amendment 141—to put the IPP action plan on a statutory basis and require the Secretary of State to lay an annual report before Parliament. I fully recognise the noble Lord’s intention and I am particularly grateful for his significant engagement on this and other matters relating to this part of the Bill. We have therefore tabled Amendment 139C to require the Secretary of State to lay an annual report before Parliament about the steps taken by the Secretary of State in the reporting period to support the rehabilitation of IPP and DPP prisoners and their progress towards release from prison on licence termination.

The Bill includes a non-exhaustive list of the issues that it should address, including support for female offenders, those sentenced to detention for public protection and the engagement undertaken in the reporting period. The Government are committed to ensuring that the IPP action plan delivers tangible change by safely reducing over time the IPP population in custody and in the community, while still prioritising public protection. Through the IPP action plan, HMPPS is putting in place further measures to boost the support of those serving IPP sentences in custody and in the community, including a new policy to deliver multi-disciplinary progression panels to oversee cases at critical points, such as that early period following release or the period following a recall to custody. Delivery of the action plan is overseen by a senior IPP progression board chaired at a senior level which meets quarterly. I have asked that quarterly reports be supplied to Ministers, to ensure that the action plan is effective.

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This group of amendments has been hotly anticipated by the many people who will be watching this debate, and by the IPP prisoners themselves and their wider families. Although substantial and welcome progress has been made through the Government’s amendments, the step-by-step approach in this and previous Bills has led to changes and to some reduction in the number of IPP prisoners, and that must be done on a sustainable basis. The point is that if we were to press ahead too quickly and prisoners were released and serious offences were committed, that would thoroughly undermine the position of the IPP prisoners who were left behind. This therefore needs to be done in a slow, systematic and sustainable way that will be to the benefit of the existing IPP prisoners.

[Lord Bellamy (Con)]

My Lords, I first thank noble Lords for their contributions. To those who were kind enough to refer to me personally, I respectfully say that I simply speak on behalf of the Government, not on my own behalf. This Bill, these amendments and the matters we are discussing are government-sponsored matters. It is the Lord Chancellor and my right honourable friend Mr Argar in the other place, and the Government as a whole, who have put forward this Bill and these amendments for your Lordships’ consideration.

I gathered from the most eloquent speeches we heard today that a number of amendments are not going to be moved. For the record only, I will therefore touch only briefly on those amendments and then turn in more detail to those that remain in contention.

Amendments 134 to 136, proposed by the noble and learned Lord, Lord Thomas, would permit offenders to apply to the Parole Board for licence termination after at least a year had elapsed. The Government’s view can be briefly stated: the relevant offenders have to complete only two years on licence, so we are talking about only one possible application to the Parole Board during that two-year period. By the time the Parole Board has determined the application, one would be very close to the end of the two-year period anyway. In the Government’s view, it is not unreasonable to expect an offender to fulfil the required two-year period; that is a clear and certain test. We should not overburden the Parole Board—even more than it is burdened already—with these further applications. That is the brief answer to that point; I will not elaborate further.

On the noble and learned Lord’s Amendment 138, which addresses what are described as inappropriate recalls, I simply point out that, in his recent report of December 2023 on the Probation Service and the power of recall, the chief inspector found that the power was being used in a necessary and proportionate way. I associate myself with the remarks made by the noble Lord, Lord Ponsonby, bringing to bear his experience as a magistrate, about the importance of recall and the circumstances in which it happens. It is very important that the Probation Service is not criticised for the way in which it makes recalls. Be that as it may, in the Government’s view, these amendments, including Amendment 138, are now overtaken by government Amendments 139A and 139B, which provide, in effect, for re-release and for the release not to count if that is in the interests of justice.

I was asked by the noble Lord, Lord Carter, whether I can give any examples of what might be in the interests of justice in that instance. My official advice is that I cannot, because that would pre-judge particular circumstances. I can say in my personal capacity, however, that one could imagine, theoretically and hypothetically, that a recall made rather close to the expiry of the licence term, when the effect might be to restart the two-year clock—or a recall made in circumstances where there had been an arrest but subsequently there were no charges, or nothing was done to pursue the matter that led to recall—might be instances where this kind of power could be useful. I think that is as far as I can go on that matter.

Amendment 139 concerns the power in delegated legislation to change the qualifying period, which at the moment could be either reduced or released. That is a standard provision. The Government cannot imagine the circumstances in which anyone would ever want to increase the qualifying period, but one never knows. Therefore, we are not in favour of changing the statutory power to change the qualifying period.

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[Lord Sentamu (CB)]

In a debate on public bodies, protests and funding, we wanted to use the word “reasonableness”, and the Government still stuck to proportionality—in government circles, on that particular Bill, they knew what proportionality meant. Moreover, I was in the debates on the Human Rights Act; it was very clear that part of the human right is whether the decisions that have been taken are really proportionate. The Act spells this out, so I do not understand why, in this particular case, the Minister is relying on case law, particularly on the Human Rights Act. I do not see why that cannot be applied in this particular instance.

[Lord Bellamy (Con)]

My Lords, I cannot do better than simply refer to what I have already said: the Government think that there should be a very clear, simple test of public protection, and that the way to get these prisoners out is to work in a way that enables them to meet that test, so that they and the wider community are safe. My respectful submission to this House is that that is a reasonable and responsible approach, because otherwise we run terrible risks in relation to releasing this cohort, who have already been found several times not to be safe to release. That is the Government’s position.

I turn briefly to Amendment 147, tabled by the noble Baroness, Lady Blower, which relates to other support for IPP prisoners through the use of independent monitors, and in addition to the support I indicated on the last occasion. The Government will look at additional support, as the noble Baroness asked me to do, and consider whether that would be a further element that we can build into the action plan. I respectfully say to the noble Baroness and to other noble Lords who have made this point that, for prisoners who have lost hope, the Government’s actions should be the start of restoring hope. We are in the business of restoring hope for this cohort of prisoners.

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Moved by

[Lord Bellamy]

120B: Clause 42, page 41, line 6, leave out from second “the” to end of line 7 and insert “High Court;”
Member's explanatory statement
This amendment is consequential on my amendment of Clause 45, page 47, line 28.

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Moved by

[Lord Bellamy]

121A: Before the Schedule, insert the following new Schedule—
“ScheduleInfected Blood Compensation AuthorityPart 1ConstitutionMembership
1 (1) The IBCA is to consist of—(a) a Chair (who is to be a non-executive member),(b) at least 3, but not more than 6, other non-executive members,(c) a chief executive, and(d) at least 2, but not more than 5, other executive members.(2) The members are to be appointed in accordance with paragraphs 2 to 4.(3) A person exercising a power of appointment in accordance with those paragraphs must when doing so ensure, so far as practicable, that the number of non-executive members is at all times greater than the number of executive members.Appointment of non-executive members
2 (1) The Chair is to be appointed by the Secretary of State or the Minister for the Cabinet Office.(2) The other non-executive members are to be appointed by the Chair except for the first three who are to be appointed by the Secretary of State or the Minister for the Cabinet Office.(3) A person may not be appointed as a non-executive member if the person is a member of the IBCA’s staff.Appointment of executive members
3 (1) The chief executive and the other executive members are to be appointed by the Chair.(2) The executive members are to be members of the IBCA’s staff.Appointments of members: eligibility
4 (1) The Secretary of State or the Minister for the Cabinet Office may by regulations make provision about criteria which must be met by persons in order to be appointed as members of the IBCA.(2) The regulations may make provision for a person to cease to be a member of the IBCA if the person no longer meets those criteria.Terms of membership
5 (1) A member of the IBCA holds and vacates office in accordance with the terms of the member’s appointment (subject to this Schedule).(2) A member may resign from office by giving notice to the appropriate person.(3) A member may be removed from office by notice given by the appropriate person on the grounds that the member—(a) has without reasonable excuse failed to discharge the member’s functions, or (b) is, in the opinion of the appropriate person, unable or unfit to carry out the member’s functions.(4) A person ceases to be—(a) a non-executive member of the IBCA upon becoming a member of its staff;(b) an executive member of the IBCA upon ceasing to be a member of its staff.(5) In this paragraph “appropriate person” means—(a) in the case of the Chair, the Secretary of State or the Minister for the Cabinet Office;(b) in the case of any other member of the IBCA, the Chair.Non-executive members: payments
6 (1) The IBCA must pay, or make provision for the payment of, such remuneration, pensions, allowances or gratuities as the Secretary of State or the Minister for the Cabinet Office determines to or in respect of a person who is or has been—(a) the Chair, or(b) a non-executive member appointed by the Secretary of State or the Minister for the Cabinet Office under paragraph 2(2).(2) The IBCA must pay, or make provision for the payment of, such remuneration, pensions, allowances or gratuities as the Chair determines to or in respect of a person who is or has been a non-executive member appointed by the Chair under paragraph 2(2).(3) Sub-paragraph (4) applies if—(a) a person ceases to be the Chair or a non-executive member appointed by the Secretary of State or the Minister for the Cabinet Office under paragraph 2(2), and(b) the Secretary of State or the Minister for the Cabinet Office determines that the person should be compensated because of special circumstances.(4) Where this sub-paragraph applies, the IBCA must pay the person compensation of such amount as the Secretary of State or the Minister for the Cabinet Office may determine.(5) Sub-paragraph (6) applies if—(a) a person ceases to be a non-executive member appointed by the Chair under paragraph 2(2), and(b) the Chair determines that the person should be compensated because of special circumstances.(6) Where this sub-paragraph applies, the IBCA must pay the person compensation of such amount as the Chair may determine.Staffing
7 (1) The IBCA may—(a) appoint employees, and(b) make such other arrangements for the staffing of the IBCA as it determines.(2) The IBCA must pay its staff such remuneration as may be determined in accordance with this paragraph.(3) The IBCA must pay, or make provision for the payment of, such pensions, allowances, gratuities or compensation as may be determined in accordance with this paragraph to or in respect of any person who is or has been a member of staff of the IBCA.(4) Members of staff of the IBCA are to be appointed on such other terms as may be determined in accordance with this paragraph.(5) A matter is determined in accordance with this paragraph if—(a) in the case of a matter which relates to an executive member, it is determined by the Chair; (b) in the case of a matter which relates to any other member of staff, it is determined by the IBCA.(6) Before making a determination as to remuneration, pensions, allowances, gratuities or compensation for the purposes of sub-paragraph (2) or (3), the IBCA must obtain the approval of the Secretary of State or the Minister for the Cabinet Office as to its policy on that matter.Interim chief executive
(1) The Secretary of State or the Minister for the Cabinet Office may appoint a person as an executive member to act as chief executive of the IBCA (“an interim chief executive”) until the appointment of the first chief executive by the Chair under paragraph 3(1).(2) An interim chief executive may incur expenditure and do other things in the name of and on behalf of the IBCA until the appointment of the first chief executive by the Chair under paragraph 3(1).(3) In exercising the power in sub-paragraph (2), an interim chief executive must act in accordance with any directions given by the Secretary of State or the Minister for the Cabinet Office.(4) Paragraphs 3, 5 and 7 do not apply to an interim chief executive.Committees and sub-committees
9 (1) The IBCA may appoint such committees and sub-committees as it considers appropriate.(2) A committee or sub-committee may consist of or include persons who are neither members, nor members of staff, of the IBCA.(3) The IBCA may pay such remuneration and allowances as it may determine to any person who—(a) is a member of a committee or a sub-committee, but(b) is not a member of staff of the IBCA,whether or not that person is a non-executive member of the IBCA.Procedure
10 (1) The IBCA may determine its own procedure and the procedure of any of its committees or sub-committees.(2) The validity of any proceedings of the IBCA, or any committee or sub-committee of the IBCA, is not affected by any vacancy among its members or by any defect in the appointment of such a member.Exercise of functions
11 (1) The IBCA must have regard to the need to exercise its functions effectively, efficiently and economically.(2) The IBCA may delegate any of its functions to—(a) a member of the IBCA,(b) a member of the IBCA’s staff authorised for that purpose, or(c) any committee or sub-committee.(3) A function may be delegated to the extent and on the terms that the IBCA determines.Funding
12 (1) The Secretary of State or the Minister for the Cabinet Office must pay to the IBCA—(a) such sums as are required to meet payments made by the IBCA under the infected blood compensation scheme, and(b) such other sums as the Secretary of State or the Minister for the Cabinet Office considers are reasonably sufficient to enable the IBCA to carry out its functions.(2) Payments under sub-paragraph (1)(b) may be made subject to conditions. (3) The Secretary of State or the Minister for the Cabinet Office may by regulations make provision about what the IBCA must do with any sums repaid to it by virtue of section (Payments)(5) (which may include provision requiring the sums to be paid to the Secretary of State or the Minister for the Cabinet Office).Annual report
13 (1) As soon as reasonably practicable after the end of each financial year the IBCA must prepare a report on the exercise of its functions during that financial year.(2) The IBCA must send the report to the Secretary of State or the Minister for the Cabinet Office.(3) The Secretary of State or the Minister for the Cabinet Office must lay the report before Parliament.Accounts and audit
14 (1) The IBCA must—(a) keep proper accounts and proper records in relation to them, and(b) prepare a statement of accounts in respect of each financial year in the form specified by the Secretary of State or the Minister for the Cabinet Office.(2) The IBCA must send a copy of each statement of accounts to the Secretary of State or the Minister for the Cabinet Office, and the Comptroller and Auditor General, as soon as practicable after the end of the financial year to which the statement relates.(3) The Comptroller and Auditor General must—(a) examine, certify and report on each statement of accounts, and(b) send a copy of each report and certified statement to the Secretary of State or the Minister for the Cabinet Office.(4) The Secretary of State or the Minister for the Cabinet Office must lay before Parliament a copy of each such report and certified statement.Meaning of “financial year”
15 In this Schedule “financial year” means—(a) the period beginning with the date on which the IBCA is established and ending with 31 March following that date, and(b) each successive period of 12 months.Provision of information
16 The IBCA must provide to the Secretary of State or the Minister for the Cabinet Office such information relating to the IBCA’s functions as they may request.Status
17 (1) The IBCA is not to be regarded—(a) as the servant or agent of the Crown, or(b) as enjoying any status, immunity or privilege of the Crown.(2) The IBCA’s property is not to be regarded as property of, or property held on behalf of, the Crown.(3) Service as a member, or a member of staff, of the IBCA is not service in the civil service of the State.Seal and evidence
18 (1) The application of the IBCA’s seal must be authenticated by a signature of—(a) a member of the IBCA, or(b) another person authorised for that purpose by the IBCA.(2) A document purporting to be duly executed under the IBCA’s seal or signed on its behalf—(a) is to be received in evidence, and(b) is to be taken to be executed or signed in that way, unless the contrary is shown. (3) But this paragraph does not apply in relation to any document which is, or is to be, signed in accordance with the law of Scotland.Supplementary powers
19 The IBCA may do anything it thinks appropriate for the purposes of, or in connection with, its functions.Part 2Transfer schemesPower to make transfer schemes
20 (1) The Secretary of State or the Minister for the Cabinet Office may make one or more schemes (“transfer schemes”) for the purpose of transferring to the IBCA such property, rights and liabilities of a relevant person as the Secretary of State or Minister considers appropriate for the purposes of enabling the IBCA to carry out its functions under or by virtue of this Act.(2) In this paragraph “relevant person” means—(a) the Secretary of State;(b) the Minister for the Cabinet Office;(c) a Special Health Authority established under section 28 of the National Health Service Act 2006;(d) the Welsh Ministers;(e) a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006;(f) a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006;(g) the Scottish Ministers;(h) a person who has at any time been appointed by the Scottish Ministers under section 28(4)(d) of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) to manage a scheme under that section;(i) the Department of Health in Northern Ireland;(j) the Regional Business Services Organisation established by section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c.1 (N.I)).(3) A transfer scheme may not be made—(a) in relation to a relevant person within sub-paragraph (2)(d), (e) or (f), unless the Welsh Ministers consent;(b) in relation to a relevant person within sub-paragraph (2)(g) or (h), unless the Scottish Ministers consent;(c) in relation to a relevant person within sub-paragraph (2)(i) or (j), unless the Department of Health in Northern Ireland consents.(4) The things that may be transferred under a transfer scheme include—(a) property, rights and liabilities that could not otherwise be transferred;(b) property acquired, and rights and liabilities arising, after the making of the scheme;(c) criminal liabilities.(5) A transfer scheme may make supplementary, incidental, transitional or consequential provision and may, in particular—(a) create rights, or impose liabilities, in relation to property or rights transferred;(b) make provision about the continuing effect of things done by a relevant person in respect of anything transferred;(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of, or in relation to, a relevant person in respect of anything transferred; (d) make provision for references to an interim compensation authority in an instrument or other document in respect of anything transferred to be treated as references to the IBCA;(e) make provision for the shared ownership or use of property;(f) make provision which is the same as or similar to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246);(g) make other supplemental, incidental, transitional or consequential provision.(6) A transfer scheme may provide for—(a) modifications by agreement;(b) modifications to have effect from the date when the original scheme came into effect.(7) For the purposes of this paragraph—(a) references to rights and liabilities include rights and liabilities relating to a contract of employment;(b) references to the transfer of property include the grant of a lease.(8) For the purposes of sub-paragraph (7)—(a) an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and(b) the terms of the individual’s employment in the civil service of the State are to be regarded as constituting the terms of the contract of employment.Tax treatment of transfer schemes
21 (1) The Treasury may by regulations make provision varying the way in which a relevant tax has effect in relation to—(a) anything transferred under a scheme under paragraph 20, or(b) anything done for the purposes of, or in relation to, a transfer under such a scheme.(2) The provision which may be made under sub-paragraph (1)(a) includes in particular provision for—(a) a tax provision not to apply, or to apply with modifications, in relation to anything transferred;(b) anything transferred to be treated in a specified way for the purposes of a tax provision;(c) the Secretary of State or the Minister for the Cabinet Office to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything transferred.(3) The provision which may be made under sub-paragraph (1)(b) includes in particular provision for—(a) a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of or in relation to the transfer;(b) anything done for the purposes of, or in relation to, the transfer to have or not have a specified consequence or be treated in a specified way;(c) the Secretary of State or the Minister for the Cabinet Office to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, the transfer.(4) In this paragraph references to the transfer of property include the grant of a lease.(5) In this paragraph— “relevant tax” means income tax, corporation tax, capital gains tax, value added tax, stamp duty or stamp duty reserve tax;“tax provision” means any legislation about a relevant tax.Part 3AmendmentsPublic Records Act 1958 (c. 51)
22 In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate place insert—“The Infected Blood Compensation Authority.”Public Bodies (Admission to Meetings) Act 1960 (c. 67)
23 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960—(a) in paragraph 1 (bodies in England and Wales to which the Act applies), at the end insert—“(q) the Infected Blood Compensation Authority.”;(b) in paragraph 2 (bodies in Scotland to which the Act applies), at the end insert—“(g) the Infected Blood Compensation Authority.”Parliamentary Commissioner Act 1967 (c. 13)
24 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments subject to investigation), at the appropriate place insert—“The Infected Blood Compensation Authority.”House of Commons Disqualification Act 1975 (c. 24)
25 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert—“The Infected Blood Compensation Authority.”Northern Ireland Assembly Disqualification Act 1975 (c. 25)
26 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place insert—“The Infected Blood Compensation Authority.”Freedom of Information Act 2000 (c. 36)
27 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies), at the appropriate place insert—“The Infected Blood Compensation Authority.”Equality Act 2010 (c. 15)
28 In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), under the heading “Health, social care and social security”, at the appropriate place insert—“The Infected Blood Compensation Authority.””Member's explanatory statement
This amendment makes provision about the constitution of the Infected Blood Compensation Authority, for the transfer of property, rights and liabilities to and from the Authority and for various enactments to apply in relation to the Authority.

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Moved by

[Lord Bellamy]

122A: Clause 44, page 44, line 34, leave out “relevant court” and insert “High Court”
Member’s explanatory statement
This amendment is consequential on my amendment of Clause 44, page 45, line 4.

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Moved by

[Lord Bellamy]

124A: Clause 44, page 45, leave out lines 23 to 25
Member’s explanatory statement
This amendment is consequential on my amendment of Clause 44, page 45, line 11.

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Moved by

[Lord Bellamy]

125A: Clause 44, page 47, line 17, at end insert—
“(b) in subsection (3), after “subject to” insert “—(a) section 32ZAA(2A) (suspension of duty to release prisoner pending referral to High Court or decision whether to refer), andMember’s explanatory statement
This amendment is consequential on my amendment of Clause 44, page 45, line 11.

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Moved by

[Lord Bellamy]

125B: Clause 45, page 47, line 20, leave out “relevant court” and insert “High Court”
Member’s explanatory statement
This amendment is consequential on my amendment of Clause 45, page 47, line 28.

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Moved by

[Lord Bellamy]

127A: Clause 45, page 48, leave out lines 8 to 10
Member’s explanatory statement
This amendment is consequential on my amendment of Clause 45, page 47, line 34.

--- Later in debate ---

Moved by

[Lord Bellamy]

128A: Clause 45, page 50, line 2, at end insert—
“(b) in subsection (3), after “subject to” insert “—(a) section 256AZBA(2A) (suspension of duty to release prisoner pending referral to High Court or decision whether to refer), and Member’s explanatory statement
This amendment is consequential on my amendment of Clause 45, page 47, line 34.

--- Later in debate ---

Moved by

[Lord Bellamy]

128B: Clause 46, page 50, line 7, leave out subsection (2) and insert—
“(2) In subsection (3), before paragraph (b) (and the “or” before it) insert—“(ab) in accordance with subsection (3A),”.”Member’s explanatory statement
This amendment is consequential on the amendments of section 31 of the Crime (Sentences) Act 1997 made by my amendment of Clause 48, page 50, line 31.

--- Later in debate ---

Moved by

[Lord Bellamy]

130A: Clause 47, page 50, line 23, leave out “Upper Tribunal or”
Member’s explanatory statement
This amendment is consequential on my amendment of Clause 45, page 47, line 28.

--- Later in debate ---

18:50

Division 1

Ayes: 211

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Labour: 115
Liberal Democrat: 58
Crossbench: 32
Non-affiliated: 3
Green Party: 1
Plaid Cymru: 1
Bishops: 1

Noes: 208

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Conservative: 194
Non-affiliated: 8
Democratic Unionist Party: 4
Crossbench: 1
Ulster Unionist Party: 1

--- Later in debate ---

19:02

Division 2

Ayes: 203

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Labour: 113
Liberal Democrat: 57
Crossbench: 27
Non-affiliated: 3
Green Party: 1
Plaid Cymru: 1
Bishops: 1

Noes: 198

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Conservative: 188
Non-affiliated: 4
Democratic Unionist Party: 3
Crossbench: 2
Ulster Unionist Party: 1

--- Later in debate ---

Moved by

[Lord Bellamy]

139ZA: Clause 48, page 52, line 18, after “specified” insert “in paragraph (a) or (b) of the definition of “qualifying period””
Member's explanatory statement
This amendment is consequential on my amendment of Clause 48, page 52, line 13, which provides for a shorter “qualifying period” for prisoners only serving preventive sentences imposed in respect of offences for which they were convicted when aged under 18.

--- Later in debate ---

19:19

Division 3

Ayes: 91

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Liberal Democrat: 56
Crossbench: 21
Labour: 7
Non-affiliated: 3
Conservative: 2
Green Party: 1
Plaid Cymru: 1

Noes: 192

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Conservative: 179
Non-affiliated: 6
Crossbench: 4
Democratic Unionist Party: 3