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Column 332

Richards, Rod

Riddick, Graham

Robathan, Andrew

Roberts, Rt Hon Sir Wyn

Robertson, Raymond (Ab'd'n S)

Roe, Mrs Marion (Broxbourne)

Ross, William (E Londonderry)

Rumbold, Rt Hon Dame Angela

Ryder, Rt Hon Richard

Sackville, Tom

Scott, Rt Hon Nicholas

Shaw, David (Dover)

Shaw, Sir Giles (Pudsey)

Shephard, Rt Hon Gillian

Shepherd, Richard (Aldridge)

Shersby, Michael

Sims, Roger

Skeet, Sir Trevor

Smyth, Rev Martin (Belfast S)

Soames, Nicholas

Speed, Sir Keith

Spencer, Sir Derek

Spicer, Sir James (W Dorset)

Spicer, Michael (S Worcs)

Spink, Dr Robert

Spring, Richard

Sproat, Iain

Squire, Robin (Hornchurch)

Stanley, Rt Hon Sir John

Steen, Anthony

Stephen, Michael

Stewart, Allan

Streeter, Gary

Sumberg, David

Sweeney, Walter

Sykes, John

Tapsell, Sir Peter

Taylor, Ian (Esher)

Taylor, Sir Teddy (Southend, E)

Temple-Morris, Peter

Thomason, Roy

Thompson, Sir Donald (C'er V)

Thompson, Patrick (Norwich N)

Thornton, Sir Malcolm

Thurnham, Peter

Townsend, Cyril D. (Bexl'yh'th)

Tracey, Richard

Tredinnick, David

Trend, Michael

Trotter, Neville

Twinn, Dr Ian

Vaughan, Sir Gerard

Viggers, Peter

Waldegrave, Rt Hon William

Walden, George

Walker, A. Cecil (Belfast N)

Walker, Bill (N Tayside)

Waller, Gary

Wardle, Charles (Bexhill)

Watts, John

Wells, Bowen

Whitney, Ray

Whittingdale, John

Widdecombe, Ann

Wiggin, Sir Jerry

Wilkinson, John

Willetts, David

Wilshire, David

Winterton, Mrs Ann (Congleton)

Winterton, Nicholas (Macc'f'ld)

Wolfson, Mark

Wood, Timothy

Yeo, Tim

Young, Rt Hon Sir George

Tellers for the Noes :

Mr. Sydney Chapman and

Mr. Andrew MacKay.

Amendment accordingly negatived.

Clause 90 --

Powers and duties of prisoner custody officers performing escort functions

Amendment made : No. 137, in page 73, line 19, leave out hat' and insert headgear'.--[ Lord James Douglas-Hamilton .]

Clause 93 --

Officers of contracted out prisons

Amendment made : No. 138, in page 75, line 19, at end insert (6) Every contracted out prison shall have a medical officer, who shall be a registered medical practitioner appointed by the contractor.'.--[ Lord James Douglas-Hamilton .]

Clause 94 --

Powers and duties of prisoner custody officers employed at contracted out prisons

Amendment made : No. 139, in page 75, line 29, leave out hat' and insert headgear'.--[ Lord James Douglas-Hamilton .]

Clause 96 --

Consequential modifications of 1989 Act, prison rules and directions

Amendments made : No. 140, in page 76, leave out lines 13 to 15 and insert

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Column 333

(2) In section 3 of the 1989 Act (general superintendence of prisons)

(a) in subsection (1), the words from "who shall appoint" to the end shall be omitted ; and

(b) subsection (3) shall not apply.'.

No. 141, in page 76, line 18, leave out first and'.

No. 142, in page 76, line 18, at end insert

, 41(4) (detention of person suspected of bringing prohibited article into prison) and 41B(3) (testing prisoners for drugs)'. No. 143, in page 76, line 24, leave out and 41(3) (prohibited articles)' and insert

, 41(3), (4), (6) and (8) (detention of person suspected of bringing prohibited article into prison) and 41B(1) (testing prisoners for drugs)'.

No. 144, in page 76, leave out line 32 and insert

(6) Sections 37 (discontinuance of prison), 41(2A) and (2B) (power to search for prohibited articles) and 41A (powers of search by authorised employees) of that Act shall not apply.'.--[ Lord James Douglas-Hamilton .]

Clause 98 --

Contracted out functions at directly managed prisons

Amendments made : No. 145, in page 78, line 1, after 41(3)', insert , (4), (6) and (8)'.

No. 146, in page 78, line 3, leave out

(5) Any reference in subsections (1) to (3) above' and insert (4A) Section 41(2A) and (2B) of the 1989 Act (search of person suspected of bringing prohibited article into prison) shall not apply in relation to a prisoner custody officer performing contracted out functions at a directly managed prison.

(5) Any reference in the foregoing provisions of this section'.--[ Lord James Douglas-Hamilton .]

Clause 112 --

Service in England and Wales and Northern Ireland

Mr. Peter Lloyd : I beg to move amendment No. 216, in page 85, line 7, at end insert

(5) Subsection (6) below shall apply where

(a) the certificate of independence of any organisation has been cancelled, at any time before the passing of this Act, in consequence of the removal of the name of that organisation from a list of trade unions kept under provisions of the relevant employment legislation ; but

(b) it appears to the Certification Officer that the organisation would have remained on the list, and that the certificate would have remained in force, had that legislation had effect at and after that time in accordance with subsection (1) above.

(6) Where this subsection applies

(a) the Certification Officer shall restore the name to the list and delete from his records any entry relating to the cancellation of the certificate ;

(b) the removal of the name from the list, the making of the deleted entry and the cancellation of the certificate shall be deemed never to have occurred ; and

(c) the organisation shall accordingly be deemed, for the purposes for which it is treated by virtue of subsection (4) above as having been a trade union, to have been independent throughout the period between the cancellation of the certificate and the deletion of the entry relating to that cancellation.'.

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