pbc0092301.13-19

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

13

House of Commons

Tuesday 23rd January 2007

Public Bill Committee Proceedings

Offender Management Bill

[seventh and eighth SittingS]

Clauses 15 to 21 Agreed to.

Mr Edward Garnier

James Brokenshire

Mr Crispin Blunt

Not selected  28

Page  17,  line  3,  leave out Clause 22.

Clause Agreed to.

Clause 23 Agreed to.

Mr Edward Garnier

James Brokenshire

Mr Crispin Blunt

Withdrawn  22

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

Mr Edward Garnier

James Brokenshire

Mr Crispin Blunt

Not selected  21

Page  17,  line  32,  leave out Clause 24.

Clause Agreed to.

Public Bill Committee Proceedings: 23rd January 2007
14

Offender Management Bill, continued

Mark Hunter

Mark Williams

Withdrawn  40

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

Clause Agreed to.

Mark Hunter

Mark Williams

Not selected  37

Page  19,  line  3,  leave out Clause 26.

Clause Agreed to.

Mr Edward Garnier

James Brokenshire

Mr Crispin Blunt

Mark Williams

Mark Hunter

Withdrawn  23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.”.’.

Clause Agreed to.

Clause 28 Agreed to.

Clauses 29 to 31 Agreed to.

Mr Gerry Sutcliffe

Agreed to  41

Schedule  3,  page  31,  line  6,   after ‘paragraph (i)’ insert ‘(as it has effect before the

commencement of paragraph 154(a) of Schedule 16 to the Armed Forces Act 2006)’.

Mr Gerry Sutcliffe

Agreed to  42

Schedule  3,  page  31,  line  13,  at end insert—

  ‘(2A)
In paragraph (i) (as it has effect on or after the commencement of paragraph

154(a) of Schedule 16 to the Armed Forces Act 2006), in sub-paragraph (i) for

“secure accommodation” there is substituted “youth detention

accommodation”.’.

Public Bill Committee Proceedings: 23rd January 2007
15

Offender Management Bill, continued

Mr Gerry Sutcliffe

Agreed to  43

Schedule  3,  page  31,  line  14,   after ‘paragraph (j)’ insert ‘(as it has effect before the

commencement of paragraph 154(b) of Schedule 16 to the Armed Forces Act 2006)’.

Mr Gerry Sutcliffe

Agreed to  44

Schedule  3,  page  31,  line  19,  at end insert—

  ‘(3A)
In paragraph (j) (as it has effect on or after the commencement of paragraph

154(b) of Schedule 16 to the Armed Forces Act 2006), in sub-paragraph (i) for

“secure accommodation” there is substituted “youth detention

accommodation”.’.

Mr Gerry Sutcliffe

Agreed to  45

Schedule  3,  page  31,  line  22,  at end insert—

‘Armed Forces Act 2006 (c.52)

6A  (1)
The Armed Forces Act 2006 is amended as follows.

      (2)
In section 213(1) (references in certain provisions of the Sentencing Act to a

detention and training order to include an order under section 211) for “to 105”

there is substituted “to 105A”.

      (3)
In section 214(3) (powers of court to order person to be detained where offence

committed during currency of detention and training order) for “secure

accommodation” there is substituted “youth detention accommodation”.

      (4)
In section 215(3) (meaning of “secure accommodation” in section 214) for

““secure accommodation”” there is substituted ““youth detention

accommodation””.’.

Schedule, as amended, Agreed to.

Schedule 4 Agreed to.

Schedule 5 Agreed to.

Clauses 32 to 34 Agreed to.

NEW CLAUSES

Race Relations Act

Mr Edward Garnier

James Brokenshire

Mr Crispin Blunt

Not selected  NC1

To move the following Clause:—

Public Bill Committee Proceedings: 23rd January 2007
16

Offender Management Bill, continued

‘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

Not selected  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

Withdrawn  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

Withdrawn  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

Public Bill Committee Proceedings: 23rd January 2007
17

Offender Management Bill, continued

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
5
functions under this Act.’.

As an Amendment to Mr Edward Garnier’s proposed New Clause (Reoffending

targets) (NC4):—

Mark Hunter

Mark Williams

Not called  (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

Not selected  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

Withdrawn  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,

Public Bill Committee Proceedings: 23rd January 2007
18

Offender Management Bill, continued

(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

Not called  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.

Public Bill Committee Proceedings: 23rd January 2007
19

Offender Management Bill, continued

(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

Not called  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

Not called  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].’.