House of Commons Amendments

House of Commons

Session 2006-07
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Tuesday 16th January 2007

Public Bill Committee

New Amendments handed in are marked thus *

Other Amendments not tabled within the required notice period are marked thus 8

Offender Management Bill

Note

The amendments have been arranged in accordance with the Order of the Committee [11th January].

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

11

Clause 3, page 3, line 11, leave out ‘The Secretary of State’ and insert ‘Probation Boards and Probation Trusts.’.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

18

Clause 3, page 3, line 25, at end insert—

‘(d) to adhere to the race equality duty under section 71(1) of the Race Relations Act 1976 (c. 47).’.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

12

Clause 3, page 3, line 25, at end insert—

‘( ) Arrangements under subsection (2) shall not apply in respect of functions specified in section 1(1)(a), 1(2)(a) and 1(2)(c).’.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

25

Clause 3, page 3, line 35, at end add—

‘(6) In carrying out their functions under this Part, and in particular in providing any assistance to courts and to the Parole Board, providers of probation services and their officers shall ensure that such assistance does not give rise to any conflict of interest between their obligation to give such advice impartially and the financial interest of the provider.’.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt
Mark Williams
Mark Hunter

13

Page 3, line 8, leave out Clause 3.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt
Mark Williams
Mark Hunter

14

Page 3, line 36, leave out Clause 4.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

7

Schedule 1, page 22, line 13, leave out ‘four’ and insert ‘five’.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

8

Schedule 1, page 22, line 15, at end insert—

‘(c) a magistrate.’.

Mark Hunter
Mark Williams

38

Schedule 1, page 22, line 15, at end insert—

‘(c) a magistrate for the area in which the probation trust carries out its functions; and

(d) a local councillor for the area in which the probation trust carries out its functions.’.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

27

Schedule 1, page 22, line 18, at end insert—

‘3A (1) The chairman of a probation trust shall be a judge of the High Court or Crown Court.

(2) The remaining members of a probation trust shall include at least one of the following:

(a) a District Judge;

(b) a member of the Police Authority local to the area in which the probation trust carries out its functions;

(c) a qualified psychiatrist from the Health Trust local to the area in which the probation trust carries out its functions;

(d) a member of the local authority to the area in which the probation trust carries out its functions.

(3) In appointing the members of a probation trust, the Secretary of State shall have a duty to ensure that the trust’s membership is, to the extent reasonably practicable, representative of the population of the area in which the trust carries out its functions.’.

Mr Neil Gerrard

35

Schedule 1, page 23, line 15, leave out ‘are for the Trust to determine’ and insert ‘shall be determined by the Secretary of State’.

Mr Neil Gerrard

36

Schedule 1, page 23, leave out lines 22 to 29.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt
Mark Williams
Mark Hunter

9

Schedule 1, page 25, line 1, leave out sub-paragraph (3).

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt
Mark Williams
Mark Hunter

10

Schedule 1, page 25, line 2, at end add—

‘( ) A probation trust must comply with the duties set out in sections 10 and 11 of the Children Act 2004 (c. 81)’.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt
Mark Williams
Mark Hunter

15

Page 22, line 2, leave out Schedule 1.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt
Mark Williams
Mark Hunter

26

Clause 6, page 5, line 12, at end add—

‘(5) The Secretary of State shall, by regulation, make provision as to the necessary qualifications for an officer of a provider of probation services.’.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt
Mark Williams
Mark Hunter

16

Page 5, line 13, leave out Clause 7.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt
Mark Williams
Mark Hunter

17

Page 25, line 3, leave out Schedule 2.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

29

Clause 9, page 6, line 6, leave out ‘approved premises’ and insert ‘probation and bail hostels.’.

Mr Neil Gerrard

34

Clause 9, page 6, line 18, leave out subsection (7).

Mr Neil Gerrard

33

Page 5, line 38, leave out Clause 9.

Mark Hunter
Mark Williams

32

Clause 10, page 6, line 40, at end insert—

‘(h) representatives of local authorities’.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

19

Clause 10, page 6, line 41, after ‘information’, insert ‘of a nature that the Secretary of State shall by regulation define’.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

20

Clause 13, page 10, leave out lines 1 to 3.

Mark Hunter
Mark Williams

39

Clause 13, page 10, line 13, at end add—

‘( ) A worker at a contracted-out prison shall be subject to qualification requirements that the Secretary of State shall by regulation define.’.

Mark Hunter
Mark Williams

30

Clause 13, page 10, line 20, at end add—

‘(4) The Safeguarding Vulnerable Groups Act 2006 (c.47) is amended as follows.

(5) After paragraph 3(1)(g) of Schedule 4 there is inserted—

“(h) contracted out prisons”.’.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

28

Page 17, line 3, leave out Clause 22.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

22

Clause 24, page 17, line 39, leave out subsection (2).

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

21

Page 17, line 32, leave out Clause 24.

Mark Hunter
Mark Williams

40

Clause 25, page 18, line 25, leave out subsection (5).

Mark Hunter
Mark Williams

37

Page 19, line 3, leave out Clause 26.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt
Mark Williams
Mark Hunter

23

Clause 27, page 19, line 34, at end insert—

‘(3A) After paragraph 1 there is inserted—

“(1A) In making the arrangements under paragraph 1 the Secretary of State shall have a duty to ensure that young offenders’ safeguarding and welfare needs are addressed during transport.”.’.

NEW CLAUSES

Race Relations Act

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

NC1

To move the following Clause:—

‘In carrying out his duties under sections 1 to 9 of this Act the Secretary of State must have regard to the Race Relations Act 1997 (c. 47).’.

Welfare of children

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

NC2

To move the following Clause:—

‘The Secretary of State shall by regulation place a duty on agencies, including the Probation Service, to ensure they discharge their duties in regard to protecting and promoting the welfare of children.’.

Standards

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt
Mark Williams
Mark Hunter

NC3

To move the following Clause:—

‘(1) The Secretary of State shall by regulation, make provision for standards to be achieved by every provider of probation services.

(2) The standards to be achieved as prescribed by such regulations shall include standards concerning the provision of reports to courts and to the Parole Board.

(3) The regulations provided in subsection (1) above shall require financial penalties to be paid by any provider of probation services who, in the opinion of the Secretary of State, fails to meet the standards prescribed by the regulations.’.

Reoffending targets

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

NC4

To move the following Clause:—

‘The Secretary of State shall by direction at the start of every year and in respect of every provider of probation services, set targets concerning the reduction of offending or reoffending by those charged with or convicted of offences, or those given conditional cautions in the area in which the provider carries out its functions under this Act.’.

   As an Amendment to Mr Edward Garnier’s proposed New Clause (Reoffending targets) (NC4):—

Mark Hunter
Mark Williams

(A)

Line 5, at end add—

‘(2) The Secretary of State shall report annually to Parliament on the nature of these targets and the progress made towards their attainment.’.

Commissioning

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

NC5

To move the following Clause:—

‘The Secretary of State shall ensure that commissioning for any operation within a local probation board area should be undertaken by that probation board in consultation with the local Criminal Justice Board and the Multi Agency Public Protection Panel.’.

Release on licence: polygraph condition

Mr Neil Gerrard

NC6

To move the following Clause:—

‘(1) This section applies where a person serving a relevant custodial sentence in respect of a relevant sexual offence is released on licence by the Secretary of State under any enactment.

(2) This section does not apply if at the time of his release on licence he is aged under 18.

(3) The Secretary of State may include a polygraph condition in the person’s licence.

(4) “Relevant custodial sentence” means—

(a) a sentence of imprisonment for a term of twelve months or more (including such a sentence imposed under section 227 of the Criminal Justice Act 2003 (c.44)).

(b) a sentence of detention in a young offender institution for a term of twelve months or more,

(c) a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6),

(d) a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 for a period of twelve months or more,

(e) a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000, or

(f) a sentence of detention under section 226 or 228 of the Criminal Justice Act 2003.

(5) “Relevant sexual offence” means—

(a) an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003 (specified sexual offences),

(b) an offence specified in paragraphs 1 to 21 of Schedule 16 to that Act (offences under the law of Scotland), or

(c) an offence specified in Part 2 of Schedule 17 to that Act (offences under the law of Northern Ireland).’.

Polygraph condition

Mr Neil Gerrard

NC7

To move the following Clause:—

‘(1) For the purposes of section [Release on license: polygraph condition] a polygraph condition is a condition which requires the released person to participate in polygraph sessions conducted with a view to—

(a) monitoring his compliance with the other conditions of his licence;

(b) improving the way in which he is managed during his release on licence.

(2) A polygraph session is a session during which a person (a “polygraph operator”)—

(a) administers one or more polygraph examinations to the released person, and

(b) interviews the released person in preparation for, or otherwise in connection with, the administration of the examination or examinations.

(3) For the purposes of subsection (2), a polygraph examination is a procedure in which—

(a) the polygraph operator administering the examination questions the released person,

(b) the questions and the released person’s answers are recorded, and

(c) the released person’s physiological reactions while being questioned are measured and recorded by means of equipment of a type approved by the Secretary of State.

(4) A requirement to participate in polygraph sessions operates to require the released person—

(a) to participate in polygraph sessions at such times as may be specified in instructions given by an officer of a local probation board, and

(b) while participating in a polygraph session, to comply with instructions given to him by the polygraph operator.

(5) The Secretary of State may from time to time issue guidance as regards the giving of instructions under subsection (4)(a).

(6) The Secretary of State may make rules as to the conduct of polygraph sessions.

(7) The rules, may in particular, require polygraph operators to be persons who satisfy such requirements as to qualifications, experience and other matters as are specified in the rules.’.

Amendment on the Criminal Justice Act 2003

Mr Neil Gerrard

NC8

To move the following Clause:—

‘In section 250(4) of the Criminal Justice Act 2003 (c.44) (licence conditions for prisoners serving sentences of imprisonment of twelve monts or more etc), in paragraph (b)(I) after “Criminal Justice and Court Services Act 2000” insert “or section [Release on licence: polygraph condition] of the Offender Management Act 2007 (c.).”.’.

Evidence from polygraph sessions

Mr Neil Gerrard

NC9

To move the following Clause:—

‘(1) This section applies if a person participates in a polygraph session pursuant to the requirements of a polygraph condition.

(2) Evidence of the matters falling within subsection (3) may not be used—

(a) in any criminal proceedings in which the person is a defendant;

(b) in any proceedings on an appeal from such criminal proceedings.

(3) The matters are—

(a) any statement made by the person while participating in the polygraph session;

(b) the person’s physiological reactions while being questioned in the course of a polygraph examination administered to him during the polygraph session.

(4) In this section—

“defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings;

“polygraph condition”, “polygraph examination” and “polygraph session” have the same meaning as in section [Release on licence: polygraphic conditions].’.

ORDER OF THE HOUSE [11TH DECEMBER 2006]

   That the following provisions shall apply to the Offender Management 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 25th January 2007.

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 day on which those proceedings 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 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 [11TH JANUARY]

   That—

(1) the Committee shall (in addition to its first meeting at 9.00 a.m. on Thursday 11th January) meet—

(a) at 2.00 p.m. on Thursday 11th January;

(b) at 10.30 a.m. and 4.30 p.m. on Tuesday 16th January;

(c) at 9.00 a.m. and 2.00 p.m. on Thursday 18th January;

(d) at 10.30 a.m. and 4.30 p.m. on Tuesday 23rd January;

(e) at 9.00 a.m. and 2.00 p.m. on Thursday 25th January;

(2) the proceedings shall be taken in the following order: Clauses 1 to 4; Schedule 1; Clauses 5 to 7; Schedule 2; Clauses 8 to 31; Schedules 3 to 5; Clauses 32 to 34; new Clauses, new Schedules, remaining proceedings on the Bill;

(3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 4.00 p.m. on Thursday 25th January.


© Parliamentary copyright 2007	Prepared: 16 January 2007