House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 28 November 2013
69

Offender Rehabilitation Bill-[Lords], continued

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

2

Clause  14,  page  12,  line  25,  at end insert—

‘(1A)

(a)
Where the offender is sentenced to a community or suspended sentence

order after being charged with an offence of a violent or sexual nature, a

stalking offence or a domestic violence offence, the responsible officer

must be an officer of a public sector provider of probation services.

(b)
In subparagraph (a) “public sector provider” means—

(i)
a probation trust, or

(ii)
the national probation service.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

5

Clause  14,  page  12,  line  25,  at end insert—

‘(1A)
The Secretary of State must prescribe minimum training requirements to be

completed by the responsible officer in regulations to be laid before, and

approved by resolution of, both Houses of Parliament.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

6

Clause  14,  page  12,  line  25,  at end insert—

‘(1A)
Where the responsible officer is an officer of a non-public sector provider of

probation services the Secretary of State must—

(a)
designate the provider as a “public authority”, as defined in section 3 of

the Freedom of Information Act 2000;

(b)
limit contractual arrangements with the provider for the provision of

probation services to a maximum length of five years;

(c)
prescribe key performance standards that the provider is required to meet

in regulations to be laid before, and approved by resolution of, both

Houses of Parliament;

(d)
have the power to terminate the contractual arrangements at any time if

the provider fails to meet the key performance standards; and

(e)
agree with the provider a percentage of the contract fee that must be

returned to the Exchequer on the occasion that the provider fails to meet

the key performance standards.’.

Public Bill Committee: 28 November 2013
70

Offender Rehabilitation Bill-[Lords], continued

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

37

Clause  14,  page  12,  line  29,  at end add—

‘(3)
This section may not come into force until such a time as the Secretary of State

has piloted the provisions in one or more probation trust areas, and has laid before

Parliament an independent evaluation of the pilot.’.

Mr Elfyn Llwyd

27

Schedule  4,  page  30,  line  35,  at end insert—

  ‘(1A)
When a matter is referred to an enforcement officer under paragraph 5(1)(b) or

6(1) the matter should be dealt with within 24 hours of the referral.’.

Mr Elfyn Llwyd

28

Schedule  4,  page  30,  line  40,  at end insert—

    ‘(3)
The Secretary of State must ensure sufficient enforcement officers are

available to lay information before the courts.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

59

Clause  15,  page  12,  line  35,  at end add—

‘(2A)
In sections 177(1) and 190(1) (requirements that may be imposed as part of a

community order or suspended sentence order) after paragraph (j) insert—

“(ja)
a restorative justice requirement (as defined by section 212A),”.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

60

Clause  15,  page  13,  line  23,  at end insert—

‘(c)
restorative justice activities.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

61

Clause  15,  page  13,  line  23,  at end insert—

‘(7A)
In this section “restorative justice activity” means an activity—

(a)
where the participants consist of, or include, the offender and one or more

of the victims’

Public Bill Committee: 28 November 2013
71

Offender Rehabilitation Bill-[Lords], continued

(b)
which aims to maximise the offender’s awareness of the impact of the

offending concerned on the victims; and

(c)
which gives an opportunity to a victim or victims to talk about, or by

other means express experience of, the offending and its impact.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

62

Clause  15,  page  13,  line  31,  at end insert—

‘(3A)
After section 212 insert—

“212A
Restorative justice requirement

(1)
In this Part “restorative justice requirement”, in relation to a relevant

order, means a requirement to participate in an activity—

(a)
where the participants consist of, or include, the offender and one

or more of the victims;

(b)
which aims to maximise the offender’s awareness of the impact

of the offending concerned on the victims; and

(c)
which gives an opportunity to a victim or victims to talk about,

or by other means express experience of, the offending and its

impact.

(2)
Imposition of a restorative justice requirement requires, in addition to the

offender’s consent, the consent of every other person who would be a

participant in the activity concerned.

(3)
For the purposes of subsection (2), a responsible officer does not count

as a proposed participant.

(4)
In this section “victim” means a victim of, or other person affected by,

the offending concerned.”.’.

Jeremy Wright

55

Schedule  7,  page  37,  line  25,  leave out ‘and 13’ and insert ‘, 13 and (Drug testing

and appointments: offenders transferred within the British Islands)’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

36

Clause  22,  page  18,  line  32,  at end insert—

‘(1A)
Section 3 comes into force in accordance with section 3(5).’.

Public Bill Committee: 28 November 2013
72

Offender Rehabilitation Bill-[Lords], continued

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

38

Clause  22,  page  18,  line  32,  at end insert—

‘(1A)
Section 14 comes into force in accordance with section 14(3).’.

Jeremy Wright

56

Clause  23,  page  19,  line  6,  at end insert—

‘( )
So far as sections 20, 21 and 22 confer power to make provision amending or

otherwise relating to Schedule 1 to the Crime (Sentences) Act 1997, they also

extend to the Channel Islands.’.

Jeremy Wright

57

Clause  23,  page  19,  line  13,  at end insert—

‘( )
The power conferred by paragraph 19 of Schedule 1 to the Crime (Sentences) Act

1997 (power to extend to Isle of Man) is exercisable in relation to any amendment

of that Act that is made by this Act.’.

Jeremy Wright

19

Clause  24,  page  19,  line  25,  leave out subsection (2).

NEW CLAUSES

Drug testing and appointments: offenders transferred within the British Islands

Jeremy Wright

NC7

To move the following Clause:—

‘(1)
Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the

British Islands) is amended as follows.

(2)
In paragraph 8 (restricted transfers from England and Wales to Scotland)—

(a)
in sub-paragraphs (2)(aa) and (4)(aa), for “and 64” substitute “, 64 and

64A”, and

(b)
at the end insert—

  “(7)
Sections 64 and 64A of the Criminal Justice and Court

Services Act 2000 (release on licence etc: drug appointments),

as applied by sub-paragraph (2) or (4) above, have effect as if

Public Bill Committee: 28 November 2013
73

Offender Rehabilitation Bill-[Lords], continued

any reference to an officer of a provider of probation services

were a reference to a relevant officer as defined by section

27(1) of the Prisoners and Criminal Proceedings (Scotland)

Act 1993.”.

(3)
In paragraph 9 (restricted transfers from England and Wales to Northern

Ireland)—

(a)
in sub-paragraphs (2)(aa) and (4)(aa), for “and 64” substitute “, 64 and

64A”, and

(b)
after sub-paragraph (5) insert—

“(5A)
Sections 64 and 64A of the Criminal Justice and Court

Services Act 2000 (release on licence etc: drug appointments),

as applied by sub-paragraph (2) or (4) above, have effect as if

any reference to an officer of a provider of probation services

were a reference to a probation officer.”’.

Requirement to pilot before tendering for probation services

Mr Elfyn Llwyd

NC1

To move the following Clause:—

‘No national tendering for any probation service shall commence before any

proposed restructuring of such services has been the subject of a pilot scheme

which is subsequently independently monitored and the results of such

monitoring laid before both Houses of Parliament.’.

Requirement to pilot before restructuring probation services

Mr Elfyn Llwyd

NC2

To move the following Clause:—

‘Any proposed restructuring of the Probation Service must first be the subject of

an independently evaluated pilot scheme and the proposals should be laid before

Parliament and be approved by resolution of both Houses.’.

Public Bill Committee: 28 November 2013
74

Offender Rehabilitation Bill-[Lords], continued

Annual reporting of reconviction rates

Mr Elfyn Llwyd

NC3

To move the following Clause:—

‘The Secretary of State must publish an annual report which must include details

of the impact of new measures on the reconviction rates of offenders supervised

by providers of probation services and as a consequence of participating in any

programme or intervention.’.

Mental health treatment requirements

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

NC4

To move the following Clause:—

‘The Secretary of State must annually publish the number of mental health

treatment requirements, as defined in section 208 of the Criminal Justice Act

2003, imposed as part of a community order or suspended sentence order by each

court in England and Wales.’.

Provision of probation services

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

NC5

To move the following Clause:—

‘In any scheme for the supervision of offenders under sections 3 to 7, probation

trusts and local authorities shall be permitted to tender for contracts.’.

Public Bill Committee: 28 November 2013
75

Offender Rehabilitation Bill-[Lords], continued

Access to Victims’ Liason Services for victims of domestic violence or stalking

Mr Elfyn Llwyd

NC6

To move the following Clause:—

‘After section 57 of the Domestic Violence, Crime and Victims Act 2004 there is

inserted—

“57A
Any victim of domestic violence or stalking or both shall have access

to Victims’ Liaison Services, including a women’s safety officer.”.’.

Non-public sector provision of services

Mr Elfyn Llwyd

NC8

To move the following Clause:—

‘Arrangements made by the Secretary of State, in accordance with which

functions are conferred on officers of non-public sector providers of probation

services, must include provisions requiring that—

(a)
contracts for the provision of probation services from such providers be

published;

(b)
the economy, efficiency and effectiveness of such providers in

discharging relevant functions be subject to National Audit Office

assessment;

(c)
companies under investigation for fraud may not bid for, nor be part of

consortia bidding for, a contract for the provision of probation services,

and

(d)
companies with the status of prime contractor under the Work

Programme may not bid for, nor be part of consortia bidding for, a

contract for the provision of probation services.’.

Order of the House [11 November 2013]

That the following provisions shall apply to the Offender Rehabilitation Bill [Lords]:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 3 December 2013.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the



© Parliamentary copyright	Revised 28 November 2013