House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

1521

House of Commons

Notices of Amendments

given on

Thursday 9 January 2014

Consideration of Bill

Offender Rehabilitation Bill [Lords], As Amended

Probation Service Reform: Parliamentary Approval

Sadiq Khan

Jenny Chapman

Mr Elfyn Llwyd

Mr Andy Slaughter

Karl Turner

Dan Jarvis

Alex Cunnigham

Sarah Champion

NC1

To move the following Clause:—

The Secretary of State may not undertake a national restructure or reform of the

provision of probation services unless the proposals have first been laid before,

and approved by a resolution of, both House of Parliament.’.

Rehabilitation of ex-service personnel

Dan Jarvis

Jenny Chapman

Gemma Doyle

Sir Nick Harvey

Mr Elfyn Llwyd

John Mann

Mr David Anderson

Jim Dobbin

Derek Twigg

Yasmin Quereshi

Simon Danczuk

Meg Hillier

Mr Jim Cunningham

Mr James Gray

Meg Munn

NC2

To move the following Clause:—

‘The Secretary of State must consult on measures to improve rehabilitation

services for ex-service personnel who have been convicted of a criminal offence,

Notices of Amendments: 9 January 2014
1522

Offender Rehabilitation Bill-[Lords], continued

and must lay a report on the findings of such a consultation before both Houses

of Parliament within nine months of this Act being passed.’.

Veterans’ rehabilitation requirement

Dan Jarvis

Jenny Chapman

Gemma Doyle

Sir Nick Harvey

Mr Elfyn Llwyd

John Mann

Mr David Anderson

Jim Dobbin

Derek Twigg

Yasmin Quereshi

Simon Danczuk

Meg Hillier

Mr Jim Cunningham

Mr James Gray

Meg Munn

NC3

To move the following Clause:—

‘(1)
The Secretary of State must by order establish a pilot scheme enabling courts to

include a veterans’ rehabilitation requirement in a community order.

(2)
A veterans’ rehabilitation requirement may only be used where an offender was

previously a member of HM Armed Forces.

(3)
A veterans’ rehabilitation requirement must provide for the offender to be

referred to a veterans’ rehabilitation panel at the start of a community order,

which will put in place a rehabilitation plan for the offender.

(4)
An order under subsection (1) must make provision—

(a)
about the membership of veterans’ rehabilitation panels; and

(b)
to allow for the requirement to be reviewed periodically by the veterans’

rehabilitation panel at intervals of not less than one month.

(5)
An order under this section—

(a)
shall be made by Statutory Instrument; and

(b)
may not be made unless a draft has been laid before and approved by a

resolution of each House of Parliament.’.

Piloting of probation reform

Sadiq Khan

Jenny Chapman

Mr Elfyn Llwyd

Mr Andy Slaughter

Karl Turner

Dan Jarvis

Alex Cunningham

Sarah Champion

NC4

To move the following Clause:—

‘The Secretary of State may not undertake a national restructure of the provision

of probation services until the proposals have first been subject to an

independently evaluated pilot scheme, and the results of that evaluation laid

before both Houses of Parliament.’.

Notices of Amendments: 9 January 2014
1523

Offender Rehabilitation Bill-[Lords], continued

Secretary Chris Grayling

1

Clause  2,  page  2,  line  39,  leave out ‘an officer of a provider of probation services’

and insert ‘a person’.

Secretary Chris Grayling

2

Clause  2,  page  2,  line  42,  at end insert—

‘(1)
In relation to a person subject to supervision requirements under this section

following a sentence of detention under section 91 of the Sentencing Act, the

supervisor must be—

(a)
an officer of a provider of probation services, or

(b)
a member of the youth offending team established by the local authority

in whose area the offender resides for the time being.

(2)
In relation to any other person, the supervisor must be an officer of a provider of

probation services.’.

Secretary Chris Grayling

3

Clause  4,  page  5,  line  6,  at end insert—

‘(3)
In subsection (2)(c), omit “if the offender is under the age of 18 years at the date

of release,”.’.

Secretary Chris Grayling

4

Clause  6,  page  7,  leave out lines 42 and 43 and insert—

‘(1)
“The supervisor”, in relation to the offender, must be—’.

Secretary Chris Grayling

5

Clause  15,  page  14,  line  12,  at end insert ‘, such as restorative justice activities.

‘(4)
For the purposes of subsection (7)(b) an activity is a restorative justice activity if

—

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

victims,

(b)
the aim of the activity is to maximise the offender’s awareness of the

impact of the offending concerned on the victims, and

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

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

(5)
In subsection (7A) “victim” means a victim of, or other person affected by, the

offending concerned.’.

Secretary Chris Grayling

6

Schedule  3,  page  34,  leave out lines 28 to 30 and insert—

    ‘(1)
For paragraph (i) substitute—

(a)
post-release supervision in accordance with a licence under section 31

of the Crime (Sentences) Act 1997 or section 250 of the Criminal

Justice Act 2003 of a person sentenced to detention under section 90

or 91 of the Powers of Criminal Courts (Sentencing) Act 2000, section

226, 226B or 228 of the Criminal Justice Act 2003 or section 209, 218,

221, 221A or 222 of the Armed Forces Act 2006;

Notices of Amendments: 9 January 2014
1524

Offender Rehabilitation Bill-[Lords], continued

(b)
post-release supervision under section 256B of the Criminal Justice

Act 2003;

(c)
supervision under section 256AA of the Criminal Justice Act 2003 of

a person sentenced to detention under section 91 of the Powers of

Criminal Courts (Sentencing) Act 2000 or section 209 of the Armed

Forces Act 2006;”.’.

Provision of probation services: report to Parliament

Sadiq Khan

Jenny Chapman

Mr Elfyn Llwyd

Mr Andy Slaughter

Karl Turner

Dan Jarvis

Alex Cunningham

Sarah Champion

NC5

To move the following Clause:—

‘(1)
The Secretary of State must lay before both Houses of Parliament a report on the

performance of all providers contracted to provide officers to perform the duties

of supervisor or responsible officer as described in this Act after one year of this

Act coming into force.

(2)
The report must include—

(a)
an assessment of the information made available by each provider to the

public, and their assistance to the Ministry of Justice in its performance

of duties under the Freedom of Information Act 2000; and

(b)
an update on what measures were included in each contract to allow the

Secretary of State to penalise a provider that fails to perform to national

standards or fulfil its contractual obligations, and on what occasions

these measures have been brought into force.’.

Philip Davies

7

Page  9,  line  41,  leave out Clause 10.

Review of the effectiveness of prison services in delivering the Transforming

Rehabilitation Strategy

Mr Elfyn Llwyd

John McDonnell

NC6

To move the following Clause:—

‘The Secretary of State may not undertake to introduce competitive tendering for

the provision of probation services until a review of the prison services’ ability to

implement the Transforming Rehabilitation Strategy has been conducted, and the

results of that review laid before both Houses of Parliament.’.

Notices of Amendments: 9 January 2014
1525

Offender Rehabilitation Bill-[Lords], continued

John McDonnell

Mr Elfyn Llwyd

8

Clause  2,  page  2,  line  39,  leave out ‘officer of a provider of probation services’ and

insert ‘officer of a probation trust’.

John McDonnell

Mr Elfyn Llwyd

9

Clause  2,  page  2,  line  31,  at end insert—

‘(4A)
A supervisor may apply to the court for the supervision period to be discharged

for good conduct provided that half of that supervision period has been

completed.’.

John McDonnell

Mr Elfyn Llwyd

10

Clause  2,  page  2,  line  42,  at end add—

‘(8A)
Offenders released under this section shall be supervised by staff working for the

National Probation Service or staff seconded from the National Probation Service

to other providers of probation services.’.

John McDonnell

Mr Elfyn Llwyd

11

Clause  10,  page  10,  line  10,  at end insert—

‘(c)
any victim of domestic violence, or stalking, or both, shall have access to

Victim Liaison Services including a women’s safety officer.’.

Domestic violence programmes

John McDonnell

Mr Elfyn Llwyd

NC7

To move the following Clause:—

‘It shall be the responsibility of the National Probation Service to provide all

domestic violence programmes for male offenders where a court makes an order

for participation. It shall also be the responsibility of the National Probation

Service to provide any programmes that are deemed necessary for short-term

prisoners who have been involved in domestic violence.’.

Annual reporting of reconviction rates

John McDonnell

Mr Elfyn Llwyd

NC8

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.’.

Notices of Amendments: 9 January 2014
1526

Offender Rehabilitation Bill-[Lords], continued

Contracts

John McDonnell

Mr Elfyn Llwyd

NC9

To move the following Clause:—

‘Arrangements made by the Secretary of State resulting from this Act 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.’.

Transparency

John McDonnell

Mr Elfyn Llwyd

NC10

To move the following Clause:—

‘Any contract for probation services shall be transparent and available for both

public and parliamentary scrutiny, and be the subject of National Audit Office

inspections.’.

Prohibition

John McDonnell

Mr Elfyn Llwyd

NC11

To move the following Clause:—

‘No company or other consortia shall be allowed to bid for Probation Service

work if they are being investigated for fraud.’.

John McDonnell

Mr Elfyn Llwyd

12

Schedule  1,  page  21,  line  34,  at end add—

‘(k)
literacy, numeracy and employment training.’.

Notices of Amendments: 9 January 2014
1527

Offender Rehabilitation Bill-[Lords], continued

John McDonnell

Mr Elfyn Llwyd

13

Schedule  1,  page  22,  line  23,  at end insert—

  ‘(1A)
A drug test administered as a result of a drug testing requirement must be

administered by a professionally-qualified practitioner.’.



© Parliamentary copyright	Revised 10 January 2014