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Session 2006-07
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Wednesday 28th February 2007

Consideration of Bill


      New Amendments handed in are marked thus *

Offender Management Bill


Note

The Amendments have been arranged in accordance with the Offender Management Bill (Programme) (No. 2) [28th February].


NEW CLAUSES AND AMENDMENTS RELATING TO POLYGRAPH CONDITIONS IN LICENCES

Application of polygraph condition to certain licences

Secretary John Reid

NC8

    To move the following Clause:—

      ‘(1) The Secretary of State may include a polygraph condition in the licence of a person to whom this section applies.

      (2) This section applies to a person serving a relevant custodial sentence in respect of a relevant sexual offence who—

        (a) is released on licence by the Secretary of State under any enactment; and

        (b) is not aged under 18 on the day on which he is released.

      (3) In this section “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 (c. 6) 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 (c. 6); or

        (f) a sentence of detention under section 226 or 228 of the Criminal Justice Act 2003 (c. 44).

        (a) an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003 (c. 44) (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).

      (5) In section 250(4) of the Criminal Justice Act 2003 (c. 44) (licence conditions for prisoners serving sentences of imprisonment of twelve months or more etc), in paragraph (b)(i) after “Criminal Justice and Court Services Act 2000” there is inserted “or section (Application of polygraph condition to certain licences) of the Offender Management Act 2007.’.


Effect of polygraph condition

Secretary John Reid

NC9

    To move the following Clause:—

        (a) to participate in polygraph sessions conducted with a view to—

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

          (ii) improving the way in which he is managed during his release on licence;

        (c) while participating in a polygraph session, to comply with instructions given to him by the person conducting the session (“the polygraph operator”).

        (a) conducts one or more polygraph examinations of the released person; and

        (b) interviews the released person in preparation for, or otherwise in connection with, any such examination.

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

        (a) the polygraph operator questions the released person;

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

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

      (4) In subsection (1)(b) “appropriate officer” means an officer of a provider of probation services or an officer of a local probation board.

      (5) An appropriate officer giving instructions as mentioned in subsection (1)(b) must have regard to any guidance issued by the Secretary of State.

      (7) The rules may, in particular—

        (a) require polygraph operators to be persons who satisfy such requirements as to qualifications, experience and other matters as are specified in the rules;

        (b) make provision about the keeping of records of polygraph sessions; and

        (c) make provision about the preparation of reports on the results of polygraph sessions.’.


Use in criminal proceedings of evidence from polygraph sessions

Secretary John Reid

NC10

    To move the following Clause:—

      ‘(1) Evidence of any matter mentioned in subsection (2) may not be used in any proceedings against a released person for an offence.

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

        (b) any physiological reactions of the released person while being questioned in the course of a polygraph examination.

      (3) In this section “polygraph examination” and “polygraph session” have the same meaning as in section (Application of polygraph condition to certain licences).’.


Secretary John Reid

15

Page 21, line 34 [Clause 33], at end insert—

      ‘(4) An order under this section bringing anything in sections (Application of polygraph condition to certain licences) and (Effect of polygraph condition) into force, other than an order which makes the provision permitted by subsection (5)(a) or (6), may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

        (a) provide that they are to be in force in relation to that area only for a specified period; and

        (b) make transitional provisions or savings relating to those sections’ ceasing to be in force at the end of the specified period.

      (6) An order containing the provision permitted by subsection (5)(a) may be amended by a subsequent order under this section so as to continue those sections in force in relation to the area concerned for a further specified period.’.


NEW CLAUSES RELATING TO PREPARATION OF PLANS BY PROBATION TRUSTS

Requirement for probation trusts to prepare plans

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

NC2

    To move the following Clause:—

      ‘(1) Each probation trust shall provide a plan for the forthcoming financial year at least four months before the commencement of that year.

      (2) A plan submitted under subsection (1) shall set out for the trust—

        (a) its anticipated probation services needs,

        (b) from whom it proposes to commission services,

        (c) the costs of those services.

      (3) The Secretary of State may modify the plan.

      (4) Any modifications made by the Secretary of State shall be made not later than one month before the start of the financial year covered in the plan.’.


AMENDMENTS RELATING TO CONSULTATION ABOUT THE PROVISION OF PROBATION SERVICES

Mr Elfyn Llwyd
Hywel Williams
Adam Price

4

Page 3, line 8 [Clause 2], at end insert—

      ‘(4A) In carrying out his duty under subsection (4) the Secretary of State shall consult the Welsh Assembly Government regarding the provision of probation services in Wales.’.

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

9

Page 3, line 15 [Clause 3], after ‘considers’, insert ‘, following consultation with the relevant probation trust,’.

Mr Elfyn Llwyd
Hywel Williams
Adam Price

5

Page 3, line 35 [Clause 3], at end insert—

      ‘(4A) Before making arrangements under subsection (4) the Secretary of State must consult any probation trust or trusts providing probation services in the area to which the proposed arrangements would apply and such other persons as he thinks appropriate.’.


AMENDMENT RELATING TO THE COMPOSITION OF PROBATION TRUSTS

Mr David Heath
Mark Hunter
Mr Nick Clegg

18

Page 22, line 15 [Schedule 1], 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.’.


NEW CLAUSES AND AMENDMENTS RELATING TO restrictions on arrangements for provision of probation services

Restriction on certain arrangements under section 3(2)

Secretary John Reid

NC11

    To move the following Clause:—

      ‘(1) Arrangements under section 3(2) relating to restricted probation provision may only be made with a probation trust or other public body.

      (2) In this section “restricted probation provision” means probation provision which—

        (a) is made for a purpose mentioned in section 2(1)(a) or (b); and

        (b) relates to the giving of assistance to any court in determining the appropriate sentence to pass, or making any other decision, in respect of a person charged with or convicted of an offence.’.

       As an amendment to Secretary John Reid’s proposed New Clause (NC11) (Restriction on certain arrangements under section 3(2)):

Mr Neil Gerrard

(a)

* Line 2, leave out from ‘trust’ to end of line 8 and insert—

      ‘(2) In this section “restricted probation provision” means probation provision which—

        (a) is made for one of the probation purposes set out in section 1(1)(a), (c) and (f);

        (b) is for the provision of assistance to the Parole Board;

        (c) is for the management of approved premises within the meaning of section 9.’.


Power to repeal section (Restriction on certain arrangements under section 3(2))

Secretary John Reid

NC12

    To move the following Clause:—

      ‘(1) The Secretary of State may by order repeal section (Restriction on certain arrangements under section 3(2)).

      (2) The power under this section includes power to provide for that section to cease to have effect for such purposes as may be specified in the order.’.


Conflict of interests

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

NC3

    To move the following Clause:—

      ‘No private provider of probation services may, without giving notice in writing to the relevant sentencing court of any relevant financial or commercial interest, recommend a sentence in which it has a commercial or financial interest.’.


Mr Neil Gerrard
Mr John Grogan
Ms Katy Clark
Jon Trickett
Mark Hunter
Mark Williams
Total signatories: 56

    Nia GriffithDavid Taylor John McDonnell

    Kate HoeyMr Dai Havard Kelvin Hopkins

    Mr David DrewDr Ian Gibson Mr Elfyn Llwyd

    Mr Paul TruswellAlan Simpson Mr George Mudie

    Colin BurgonFrank Cook Mr Roger Godsiff

    Mr Martin CatonMr Peter Kilfoyle Mrs Linda Riordan

    Jim CousinsMartin Salter Judy Mallaber

    Lynne JonesMrs Gwyneth Dunwoody Mr Austin Mitchell

    Helen GoodmanFrank Dobson Mike Wood

    John AustinMr Chris Mullin Mrs Janet Dean

    Frank CookMichael Connarty Paul Flynn

    Mr Gordon PrenticeDr Desmond Turner Mr David Heath

    Mark HunterMr Nick Clegg Jon Cruddas

    Clive EffordBill Etherington Mr Robert N. Wareing

    Jeremy CorbynPatrick Hall Mr Clive Betts

    Mr Andrew DismoreJoan Ruddock Paul Flynn

    Chris McCafferty Mrs Ann Cryer

1

Page 1, line 18 [Clause 1], at end insert—

      ‘(1A) In this Part, “a core probation purpose” means the purpose of providing for—

        (a) the probation purposes set out in subsections 1(a), (c) and (f);

        (b) the provision of assistance to the Parole Board;

        (c) the management of approved premises within the meaning of section 9.’.


Mr Neil Gerrard
Mr John Grogan
Ms Katy Clark
Jon Trickett
Mark Hunter
Mark Williams
Total signatories: 51

    Nia GriffithDavid Taylor John McDonnell

    Kate HoeyMr Dai Havard Kelvin Hopkins

    Mr David DrewDr Ian Gibson Mr Elfyn Llwyd

    Mr Paul TruswellAlan Simpson Mr George Mudie

    Colin BurgonFrank Cook Mr Roger Godsiff

    Mr Martin CatonMr Peter Kilfoyle Mrs Linda Riordan

    Jim CousinsMartin Salter Judy Mallaber

    Lynne JonesMrs Gwyneth Dunwoody Mr Austin Mitchell

    Helen GoodmanFrank Dobson Mike Wood

    John AustinMr Chris Mullin Mrs Janet Dean

    Mr David HeathMark Hunter Mr Nick Clegg

    Jon CruddasClive Efford Bill Etherington

    Mr Robert N. WareingJeremy Corbyn Patrick Hall

    Mr Clive BettsMr Andrew Dismore Joan Ruddock

    Paul FlynnChris McCafferty Mrs Ann Cryer

2

Page 2, line 44 [Clause 2], at end insert—

      ‘(2A) The Secretary of State shall discharge his function under subsection (1) in relation to any core probation purpose by making and carrying out arrangements under section 3 solely with probation trusts established under section 4.’.


Secretary John Reid

24

Page 20, line 14 [Clause 28], at end insert—

        ‘( ) section (Power to repeal section (Restriction on certain arrangements under section 3(2))),’.


REMAINING PROCEEDINGS ON CONSIDERATION

Welsh Language Act 1993 compliance

Mr Elfyn Llwyd
Hywel Williams
Adam Price

NC1

    To move the following Clause:—

      ‘The Secretary of State shall publish an annual statement in respect of the extent of his compliance with the provisions of the Welsh Language Act 1993 (c. 38) in carrying out his duties under this Act.’.


Qualification etc of probation staff

Kerry McCarthy

NC4

    To move the following Clause:—

      ‘The Home Secretary shall by regulation prescribe the qualifications and standards of staff to be employed by a provider of probation services.’.


Code of practice on contractual arrangements

Kerry McCarthy

NC5

    To move the following Clause:—

      ‘(1) The Secretary of State shall issue a code relating to general principles governing the contractual arrangements governing the provision of probation services.

      (2) The Secretary of State may from time to time make alterations to the code.’.


Assessments for mentally disordered prisoners

Mr Edward Garnier
James Brokenshire
Mr Crispin Blunt

NC6

    To move the following Clause:—

      ‘After section 16B of the Prison Act 1952 (c. 52) there is inserted—

    16C Right to assessment for mentally disordered prisoners

      (1) Where—

        (a) it appears to a health authority that any prisoner with a mental disorder for whom they may provide or arrange for the provision of mental health services may be in need of any such services, or

        (b) a health authority receives a request for an assessment under subsection (1) in writing from

          (i) the person with a mental disorder,

          (ii) the person who is or who would be the nearest relative under the Mental Health Act 1983 (c. 20), or

          (iii) a prison inspector,

      the health authority shall carry out an assessment of his needs for those services; and having regard to the results of that assessment, shall then decide whether his needs call for the provision by them of any such services.

      (2) The health authority shall give notice, before the expiry of the period of 14 days beginning with the day on which the request is received, to the person who made the request of whether it intends to undertake the assessment; and if the intention is not to undertake the assessment, of the reason why that is the case.”.’.


Provision of speech therapy, etc.

John Bercow

NC7

    To move the following Clause:—

      ‘(1) It shall be the duty of each provider of probation services to ensure that—

        (a) every prisoner and young offender is assessed for speech, language and communication impairments by a qualified therapist,

        (b) contractual arrangements are made to provide any therapy required consequent on this assessment.

      (2) For the purposes of this section a “qualified therapist” shall be a therapist of not fewer than five years’ standing, qualified in accordance with regulations prescribed by the Secretary of State.’.


Secretary John Reid

12

Page 2, line 44 [Clause 2], at end insert—

      ‘(2A) The Secretary of State must have regard to the aims mentioned in subsection (2B) in the exercise of his functions under subsections (1) and (2) (so far as they may be exercised for any of the probation purposes).

      (2B) Those aims are—

        (a) the protection of the public;

        (b) the reduction of re-offending;

        (c) the proper punishment of offenders;

        (d) ensuring offenders’ awareness of the effects of crime on the victims of crimes and the public; and

        (e) the rehabilitation of offenders.’.


Mr Elfyn Llwyd
Hywel Williams
Adam Price

6

Page 3, line 41 [Clause 3], at end insert—

      ‘(6) In carrying out their functions under this Part providers of probation services in, or relating to, Wales must publish a statement in respect of their compliance with the provisions of the Welsh Language Act 1993 (c. 38).’.


Mr David Heath
Mark Hunter
Mr Nick Clegg

22

Page 5, line 18 [Clause 6], at end insert—

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


Mr Neil Gerrard

11

Page 6, line 25 [Clause 9], leave out subsection (7) and insert—

      ‘(7) A worker in contracted-out probation services shall be subject to qualification and regulation requirements that the Secretary of State shall by regulation define.’.

Secretary John Reid

13

Page 6, line 39 [Clause 10], at end insert—

        ‘(aa) a relevant local authority;’.


Mr David Heath
Mark Hunter
Mr Nick Clegg

21

Page 7, line 2 [Clause 10], at end insert—

        ‘(h) representatives of local authorities.’.

 
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Prepared: 28 February 2007