Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Baroness McIntosh of Hudnall and Lord Woolf

Tuesday 7th February 2012 Lords Chamber

[Lord Woolf]

I was not intending to move this amendment, although I wanted to add one or two words to what has been said, in which case perhaps I should move it. Like the noble Lord, Lord Ponsonby, I was very grateful for noble Lords’ contributions, which were of an extremely high order. I think that restorative justice is something that we now need to seize hold of and take forward. Although I listened with interest to what was said by the noble Baroness about the fact that the amendment may not be needed, I ask her to take it away and think about it, and I do so for two reasons. First, if she will—

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall)]

If the noble and learned Lord is proposing to continue with his speech, would he allow me to put the Question, as I think that strictly speaking we are out of order? We need to put on the record that the amendment proposed is Amendment 177DAA.

[Lord Woolf]

I apologise—I should have given the Deputy Chairman that opportunity. Perhaps I may continue with what I was saying about the possible misinterpretation of the amendment. If I understood the noble Baroness correctly, she said that one of the shortcomings of the present draft is that it does not take into account the situation of the victim, who must of course consent before he can take part. The whole core of the first subsection of the amendment is to give the victim the opportunity—I emphasise that word—to participate. It is absolutely of the essence of the amendment that the victim must consent.

I have not taken part in many of the debates, but I have the strong impression as I have listened to parts of debates—and a significant part of this one this afternoon and evening—that there is a danger that we are putting off everything until another time. We will find ourselves in exactly the same situation. If noble Lords wish to spend the time that the legislation deserves by examining it in detail, it is like a dash of cold water for amendment after amendment to be turned down when, for example, as far as drafting goes, the matters outstanding are well capable of amendment in a few minutes by a meeting with the Bill team.

There is a serious point at stake which goes to the heart of the legislative process. We have too much legislation but when legislation is introduced we must examine it with care. We must not lose the opportunity, by delaying tactics, of making amendments that can properly be made. I beg to move.