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Notices of Amendments: 30 March 2017                  

8

 

Prisons and Courts Bill, continued

 
 

“prison” includes a young offender institution, secure training centre or any

 

place  designated by the Secretary of State as a place for a person to be

 

detained.”

 


 

Richard Burgon

 

Yasmin Qureshi

 

Nick Thomas-Symonds

 

NC11

 

To move the following Clause—

 

         

“Annual review of prison conditions

 

The Secretary of State shall commission an annual review of prison conditions

 

and lay the report of the evaluation before each House of Parliament, the

 

evaluation shall include, but not be limited to the following—

 

(a)    

instances on which prison officers use force on prisoners;

 

(b)    

injuries sustained by prisoners through the use of force by prison officers

 

and the severity of injuries sustained;

 

(c)    

prisoner deaths resulting from the use of force by prison officers;

 

(d)    

instances of prisoner on prisoner assault ;

 

(e)    

instances when prisoners self-harm;

 

(f)    

self-harming prisoners;

 

(g)    

prisoner suicides;

 

(h)    

other non-natural deaths in custody;

 

(i)    

deaths resulting from a lack of appropriate medical treatment;

 

(j)    

injuries sustained by prisoner officers through contact with prisoners and

 

the severity of injuries sustained;

 

(k)    

instances of prisoner on prison officer assault.”

 

Member’s explanatory statement

 

This new clause ensures the Secretary of State reviews prison conditions with reference to known

 

protected characteristics of prisoners under section 149(7) of the Equality Act.

 


 

Richard Arkless

 

NC12

 

To move the following Clause—

 

         

“Private Prison Review

 

(1)    

The Secretary of State must prepare and publish a review into the effectiveness

 

of private prisons in comparison to public prisons.

 

(2)    

The review must in particular include, but is not limited to—

 

(a)    

prison to prison officer ratio,

 

(b)    

re-incarceration rates,

 

(c)    

costs per prison,

 

(d)    

spend per prisoner, and


 
 

Notices of Amendments: 30 March 2017                  

9

 

Prisons and Courts Bill, continued

 
 

(e)    

deaths in detention.

 

(3)    

The Secretary of State must publish this report within 12 months of this Act

 

coming into force.”

 

Member’s explanatory statement

 

This new clause compares the effectiveness of public and private prisons.

 


 

Richard Arkless

 

Nick Thomas-Symonds

 

Yasmin Qureshi

 

Richard Burgon

 

Caroline Lucas

 

NC13

 

To move the following Clause—

 

         

“Repeal of fees for Employment Tribunals and Employment Appeal

 

Tribunals

 

(1)    

The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

 

(2)    

After section 42(4)(b) insert—

 

“(ba)    

is not an employment tribunal, and

 

(c)    

is not an employment appeal tribunal.”

 

(3)    

The Added Tribunals (Employment Tribunals and The Employment Appeal

 

Tribunal) Order 2013 is revoked.

 

(4)    

The Employment Tribunals and the Employment Appeal Tribunal Fees Order

 

2013 is revoked.”

 

Member’s explanatory statement

 

This new clause prevents Employment Tribunals and Employment Appeal Tribunals being

 

categorised as “added tribunals” under section 42(1) of the Tribunals, Courts and Enforcement

 

Act 2007, excluding them from the category of Tribunals for which the Lord Chancellor may

 

prescribe fees. It also repeals the Added Tribunals (Employment Tribunals and the Employment

 

Appeal Tribunal) Order 2013 and the Employment Appeal Tribunal Employment Tribunals and

 

the Employment Appeal Tribunal Fees Order 2013 through which these fees were introduced.

 


 

Liz Saville Roberts

 

Sir Edward Garnier

 

Tim Loughton

 

Mr Graham Allen

 

Alison Thewliss

 

Mr Alistair Carmichael

Tracy Brabin

Hywel Williams

Jonathan Edwards

Ms Harriet Harman

Caroline Lucas

 

NC14

 

To move the following Clause—

 

         

“Restriction on evidence or questions about complainant’s sexual history

 

(1)    

Section 41 of the Youth Justice and Criminal Evidence Act 1999 (restriction on

 

evidence or questions about complainant’s sexual history) is amended as follows.


 
 

Notices of Amendments: 30 March 2017                  

10

 

Prisons and Courts Bill, continued

 
 

(2)    

After subsection (1) there shall be inserted the following subsection—

 

(3)    

A Court in making a determination in respect of subsection (1) may require that

 

the cross examination of a complainant shall not involve any matter appertaining

 

to their appearance, behaviour or their sexual history with any third parties

 

regardless of the nature of the complainant’s alleged behaviour either before or

 

subsequent to the current proceedings nor should such matters be admissible as

 

evidence if the purpose is to undermine the credibility of the complainant unless

 

it would be manifestly unjust to treat them as inadmissible.”

 

Member’s explanatory statement

 

This new clause would amend Section 41 of the Youth Justice and Criminal Evidence Act 1999 to

 

ensure that victims of sexual offences do not face questions regarding their sexual history or

 

appearance, unless it would be manifestly unjust to treat them as inadmissible.

 

 


 

Nick Thomas-Symonds

 

Yasmin Qureshi

 

Richard Burgon

 

NC15

 

Parliamentary Star    

To move the following Clause—

 

         

“Review of expansion of availability of live links

 

( )    

Within two years of this Act coming into force, the Secretary of State shall

 

commission an independent evaluation of the expansion of availability of live

 

links in—

 

(a)    

criminal proceedings under section 32, and

 

(b)    

other criminal hearings under section 33,

 

    

and shall lay the report of the evaluation before each House of Parliament.”

 

Member’s explanatory statement

 

This new clause ensures the Secretary of State will undertake a review within two years of the Bill’s

 

provisions to expand the availability of live links in criminal proceedings and other criminal

 

hearings.

 

 


 

Ms Harriet Harman

 

NC16

 

Parliamentary Star    

To move the following Clause—

 

         

“Youth Justice and Criminal Evidence Act 1999: Amendment

 

(1)    

Section 41 of the Youth Justice and Criminal Evidence Act 1999 (restrictions on

 

questions about complainant’s sexual history) is amended as follows.

 

(2)    

In subsection (1)—

 

(a)    

leave out “, except with the leave of the court”;

 

(b)    

after “on behalf of” insert “the prosecution or”;

 

(c)    

after “complainant” insert “with any person other than any accused at the

 

trial”.

 

(3)    

Leave out subsections (2) to (8).”

 

Member’s explanatory statement

 

This new clause would ensure that no evidence can be adduced and no questions may be asked in


 
 

Notices of Amendments: 30 March 2017                  

11

 

Prisons and Courts Bill, continued

 
 

cross-examination by or on behalf of the prosecution or accused about any sexual behaviour of the

 

complainant, other than that with any of the accused at the trial of a sexual offence.

 

 

Order of the House [20 March 2017]

 

That the following provisions shall apply to the Prisons and Courts Bill:

 

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 Thursday 27 April 2017.

 

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 and any proceedings in legislative grand

 

committee shall (so far as not previously concluded) be brought to a

 

conclusion one hour before the moment of interruption on the day on which

 

proceedings on Consideration are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and up to and including Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [28 March 2017]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25am on Tuesday 28

 

March) meet—

 

(a)  

at 2.00pm on Tuesday 28 March;

 

(b)  

at 9.25am and 2.00pm on Wednesday 29 March;

 

(c)  

at 4.30pm and 7.30pm on Tuesday 18 April;

 

(d)  

at 11.30am and 2.00pm on Thursday 20 April;

 

(e)  

at 9.25am and 2.00pm on Tuesday 25 April;

 

(f)  

at 11.30am and 2.00pm on Thursday 27 April;

 

(2)  

the Committee shall hear oral evidence on Tuesday 28 March in accordance

 

with the following Table:


 
 

Notices of Amendments: 30 March 2017                  

12

 

Prisons and Courts Bill, continued

 
 

TABLE

 

Time

Witness

 
 

Until no later than 11.00am

Prison Officers Association; Her Majesty’s

 
  

Inspectorate of Prisons; Prisons & Probation

 
  

Ombudsman; Royal Society for the

 
  

Encouragement of Arts, Manufactures and

 
  

Commerce

 
 

Until no later than 3.15pm

Legal Aid Practitioners Association;

 
  

Professor Richard Susskind OBE; The Law

 
  

Society; Women’s Aid; Transform Justice

 
 

Until no later than 4.30pm

Association of British Insurers; Association

 
  

of Personal Injury Lawyers; Aviva

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 4; Schedule 1; Clauses 5 to 21; Schedule 2;

 

Clauses 22 to 30; Schedule 3; Clauses 31 and 32; Schedule 4; Clause 33;

 

Schedule 5; Clause 34; Schedule 6; Clauses 35 and 36; Schedule 7; Clause

 

37; Schedule 8; Clauses 38 to 44; Schedule 9; Clauses 45 to 49; Schedule 10;

 

Clause 50; Schedule 11; Clause 51; Schedule 12; Clauses 52 to 54; Schedule

 

13; Clause 55; Schedule 14; Clause 56; Schedule 15; Clauses 57 to 72; new

 

Clauses; new Schedules; remaining proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5.00pm on Thursday 27 April.

 


 
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Revised 30 March 2017