Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Carlile of Berriew and Baroness Northover

Tuesday 7th February 2012 Lords Chamber

[Lord Carlile of Berriew]

My noble friend will recall that it was part of the vaunt of the coalition that the statute book would be tidied up so that there were far fewer redundant statutes. There are in fact hundreds and hundreds, possibly thousands, of redundant statutory provisions—I have a book of them upstairs by my desk. Given that this has not been brought into force now for nine years, in the spirit of clear statute-making would it not be better simply to repeal the original provision and, if the Government wished to have something like it in the future, to introduce that in a proper way in a Bill?

[Baroness Northover]

My Lords, that is exactly what I asked and I was assured that in fact the Government wanted to keep the possibility of this being implemented. We therefore need to make sure that it is, as it were, complete.

[Lord Carlile of Berriew]

My noble friend clearly did not understand what I was suggesting: that it is, to put it plainly, senseless to have something on the statute book nine years after it was enacted, with absolutely no intention of bringing it into force.

[Lord Carlile of Berriew]

No, this provision is from 2003 and it has not been brought into force for nine years. Is the right answer to this not to repeal the 2003 provision in question? If the Government then have some constructive suggestions for imposing imprisonment, if it be merited, on people who have been given a community sentence, why do we not start again with those provisions? In reality, my noble friend is not going to suggest for one moment that the Government will bring this redundant provision into force.

[Baroness Northover]

I assure my noble friend that in fact I understood him very clearly the first time. I asked, as this was introduced in 2003, changed in 2008 but not complete, why we would not seek to repeal it. However, I was told that the Government wish to retain this, in the possibility that it might be implemented—although with no intention of doing that at the moment. I fully support what he says about trying to rationalise legislation in all areas, and I worked very hard on the companies legislation, the first elements of which were finally rationalised relatively recently, after 100 years. I realise that these things can take a long time, but I take very much the point that legislation needs clarity. However, I hope that in this instance the noble Lord, Lord Ramsbotham, will understand what I am arguing here and be willing to withdraw his amendment.