Criminal Justice and Immigration Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Schedule 7 — The Commissioner’s complaints remit
Part 1 — The specified matters
155

Schedule 7
Section 30

The Commissioner’s complaints remit
Part 1
The specified matters
1
Any matter relating to the way in which a person has been treated at any
5
applicable premises while being held there.
2
Any matter relating to the way in which a person has been treated by prison
officers or prisoner custody officers while in their custody, or under their
control or escort, anywhere in the world.

Note: The matters covered by this paragraph include matters affecting a
10
person who has been charged with or convicted of an offence which relate
to the exercise of the statutory functions of a prison officer or a prisoner
custody officer.
3
Any matter relating to the exercise—
(a)
in relation to a person who has been charged with or convicted of an
15
offence, of any statutory function of the Secretary of State relating to
applicable premises (other than approved premises) or persons held
there; or
(b)
in relation to a person being held in approved premises, of any
statutory function of the Secretary of State relating to approved
20
premises or persons held there.
4
Any matter relating to the conduct of a local probation board or officer of a
local probation board in connection with responsibilities assumed by the
board or officer in relation to a person who has been charged with or
convicted of an offence.
25

Note: The reference to a local probation board includes a reference to a
person acting in pursuance of arrangements of the kind mentioned in
section 5(2) of the Criminal Justice and Court Services Act 2000 (c. 43).
5
Any matter relating to the conduct of a provider of probation services or an
officer of a provider of probation services in connection with responsibilities
30
assumed by the provider or officer in relation to a person who has been
charged with or convicted of an offence.

Note: The reference to a provider of probation services includes a reference
to a person acting in pursuance of arrangements of the kind mentioned in
section 3(3)(c)(i) of the Offender Management Act 2007.
35
6
Any matter relating to the way in which a person has been treated at any
immigration detention premises (other than excepted premises) while being
detained there under the Immigration Act 1971 (c. 77) or under section 62 of
the Nationality, Immigration and Asylum Act 2002 (c. 41).
7
Any matter relating to the way in which a person has been treated by
40
immigration custody officers while in their custody, or under their control
or escort, anywhere in the world (other than at immigration detention
premises).

Criminal Justice and Immigration Bill
Schedule 9 — Consequential amendments relating to Part 4
156

Part 2
Supplementary
8
In this Schedule “statutory functions” means functions conferred by or
under any Act (including, in the case of prison officers, functions exercisable
by virtue of section 8 of the Prison Act 1952 (c. 52).
5
9
In paragraph 3 the references to the Secretary of State are references to the
Secretary of State having responsibility for prisons.
Schedule 8
Section 35

The Commissioner’s deaths remit
1
A death of a person at any applicable premises while being held there.
10
2
A death of a person while in the custody, or under the control or escort, of
prison officers or prisoner custody officers anywhere in the world.
3
A death of a person which the Commissioner is satisfied should be
investigated because it is or may be linked to events which have occurred—
(a)
at any applicable premises while that person was being held there; or
15
(b)
while that person was in the custody, or under the control or escort,
of prison officers or prisoner custody officers anywhere in the world.
4
A death of a person at any immigration detention premises (other than
excepted premises or premises in Scotland) while being detained there
under the Immigration Act 1971 (c. 77) or under section 62 of the Nationality,
20
Immigration and Asylum Act 2002 (c. 41).
5
A death of a person while in the custody, or under the control or escort, of
immigration custody officers anywhere in the world (other than
immigration detention premises).
6
A death of a person which the Commissioner is satisfied should be
25
investigated because it is or may be linked to events which have occurred—
(a)
at any immigration detention premises (other than excepted
premises or premises in Scotland) while that person was being
detained there; or
(b)
while that person was in the custody, or under the control or escort,
30
of immigration custody officers anywhere in the world (other than
immigration detention premises).
Schedule 9
Section 48

Consequential amendments relating to Part 4
Parliamentary Commissioner Act 1967 (c. 13)
35
1     (1)
In subsection (2) of section 11 of the Parliamentary Commissioner Act 1967

Criminal Justice and Immigration Bill
Schedule 9 — Consequential amendments relating to Part 4
157

(restrictions on disclosure of information) after paragraph (aa) insert—
“(ab)
for the purposes of any consultation of the kind mentioned in
subsection (1) or (2) of section 42 of the Criminal Justice and
Immigration Act 2007;
(ac)
for the purposes of any co-operation under subsection (3) of
5
that section;”.
      (2)
After subsection (5) of that section insert—
“(6)
Information which—
(a)
is obtained from Her Majesty’s Commissioner for Offender
Management and Prisons for the purposes of any
10
consultation of the kind mentioned in subsection (1) or (2) of
section 42 of the Criminal Justice and Immigration Act 2007
or for the purposes of any co-operation under subsection (3)
of that section, and
(b)
is protected information within the meaning of section 44 of
15
that Act,

shall be treated for the purposes of subsection (2) of this section as
obtained in the course of an investigation under this Act; and, in
relation to such information, the reference in paragraph (a) of that
subsection to the investigation shall have effect as a reference to any
20
investigation.”
      (3)
In Schedule 3 to that Act (matters not subject to investigation by the
Parliamentary Commissioner) after paragraph 12 insert—
“13
Any matter which falls within the complaints or deaths remit of
Her Majesty’s Commissioner for Offender Management and
25
Prisons (within the meaning of Part 4 of the Criminal Justice and
Immigration Act 2007).”
      (4)
Sub-paragraph (3) has no effect in relation to any matter which the
Parliamentary Commissioner for Administration has started to investigate
before the commencement of that sub-paragraph.
30
Local Government Act 1974 (c. 7)
2     (1)
In subsection (2) of section 32 of the Local Government Act 1974 (restrictions
on disclosure of information) after paragraph (a) insert—
“(aa)
for the purposes of any consultation of the kind mentioned in
subsection (1) or (2) of section 42 of the Criminal Justice and
35
Immigration Act 2007, or
(ab)
for the purposes of any co-operation under subsection (3) of
that section, or”.
      (2)
After subsection (7) of that section insert—
“(8)
Information which—
40
(a)
is obtained from Her Majesty’s Commissioner for Offender
Management and Prisons for the purposes of any
consultation of the kind mentioned in subsection (1) or (2) of
section 42 of the Criminal Justice and Immigration Act 2007
or for the purposes of any co-operation under subsection (3)
45
of that section, and

Criminal Justice and Immigration Bill
Schedule 9 — Consequential amendments relating to Part 4
158

(b)
is protected information within the meaning of section 44 of
that Act,

shall be treated for the purposes of subsection (2) above as obtained
in the course of an investigation under this Part of this Act; and, in
relation to such information, the reference in subsection (2)(a) above
5
to the investigation shall have effect as a reference to any
investigation.”
Health Service Commissioners Act 1993 (c. 46)
3     (1)
In subsection (1) of section 15 of the Health Service Commissioners Act 1993
(restrictions on disclosure of information) after paragraph (aa) insert—
10
“(ab)
for the purposes of any consultation of the kind mentioned in
subsection (1) or (2) of section 42 of the Criminal Justice and
Immigration Act 2007;
(ac)
for the purposes of any co-operation under subsection (3) of
that section;”.
15
      (2)
After subsection (4) of that section insert—
“(5)
Information which—
(a)
is obtained from Her Majesty’s Commissioner for Offender
Management and Prisons for the purposes of any
consultation of the kind mentioned in subsection (1) or (2) of
20
section 42 of the Criminal Justice and Immigration Act 2007
or for the purposes of any co-operation under subsection (3)
of that section, and
(b)
is protected information within the meaning of section 44 of
that Act,
25

shall be treated for the purposes of subsections (1) and (2) as obtained
in the course of an investigation; and, in relation to such information,
the reference in subsection (1)(a) to the investigation shall have effect
as a reference to any investigation.”
Data Protection Act 1998 (c. 29)
30
4
In section 31(4) of the Data Protection Act 1998 (exceptions to data protection
requirements for ombudsmen), after paragraph (a)(i) insert—
“(ia)
Her Majesty’s Commissioner for Offender
Management and Prisons;”.
Care Standards Act 2000 (c. 14)
35
5
In section 76 of the Care Standards Act 2000 (further functions of the
Children’s Commissioner for Wales) after subsection (3) insert—
“(3A)
The Commissioner may give advice and information to Her
Majesty’s Commissioner for Offender Management and Prisons for
the purposes of—
40
(a)
any consultation of the kind mentioned in subsection (1) or
(2) of section 44 of the Criminal Justice and Immigration Act
2007; or
(b)
any co-operation under subsection (3) of that section.”

Criminal Justice and Immigration Bill
Schedule 9 — Consequential amendments relating to Part 4
159

Freedom of Information Act 2000 (c. 36)
6     (1)
In section 76(1) of the Freedom of Information Act 2000 (disclosure of
information between Information Commissioner and ombudsmen) in the
Table at the appropriate place insert—

“Her Majesty’s
Part 4 of the Criminal Justice

5

Commissioner for Offender
and Immigration Act 2007.”

Management and Prisons.

      (2)
In Part 6 of Schedule 1 to that Act (public authorities) at the appropriate
place insert “Her Majesty’s Commissioner for Offender Management and
Prisons”.
10
Scottish Public Services Ombudsman Act 2002 (asp 11)
7     (1)
Section 19 of the Scottish Public Services Ombudsman Act 2002 (asp 11)
(restrictions on disclosure of information) is amended as follows.
      (2)
In subsection (2), after paragraph (a) insert—
“(aa)
the purposes of any consultation of the kind mentioned in
15
subsection (1) or (2) of section 42 of the Criminal Justice and
Immigration Act 2007;
(ab)
the purposes of any co-operation under subsection (3) of that
section;”.
      (3)
After subsection (8) insert—
20
“(8A)
Information which—
(a)
is obtained from Her Majesty’s Commissioner for Offender
Management and Prisons for the purposes of any
consultation of the kind mentioned in subsection (1) or (2) of
section 42 of the Criminal Justice and Immigration Act 2007
25
or for the purposes of any co-operation under subsection (3)
of that section, and
(b)
is protected information within the meaning of section 44 of
that Act,

shall be treated for the purposes of subsections (1) and (5) as obtained
30
in connection with any matter in respect of which a complaint or
request has been made.”
      (4)
In subsection (9), for “such information” substitute “information within
subsection (8) or (8A)”.
Public Services Ombudsman (Wales) Act 2005 (c. 10)
35
8     (1)
Section 26 of the Public Services Ombudsman (Wales) Act 2005 (disclosure
of information) is amended as follows.
      (2)
In subsection (1), after paragraph (ba) insert—
“(bb)
protected information (within the meaning of section 44 of
the Criminal Justice and Immigration Act 2007) obtained
40
from Her Majesty’s Commissioner for Offender
Management and Prisons for the purposes of any

Criminal Justice and Immigration Bill
Schedule 10 — Controlling authorities
160

consultation of the kind mentioned in section 42(1) or (2) of
that Act or for the purposes of any co-operation under section
42(3) of that Act;”.
      (3)
In subsection (2), after paragraph (e) insert—
“(ea)
for the purposes of any consultation of the kind mentioned in
5
subsection (1) or (2) of section 42 of the Criminal Justice and
Immigration Act 2007 or for the purposes of any co-operation
under subsection (3) of that section;”.
      (4)
In subsection (6), for “or (b)” substitute “, (b) or (bb)”.
Schedule 10
10
Section 50

Controlling authorities

The Secretary of State.

Governors and directors of prisons, young offender institutions and secure
training centres.

Persons with whom the Secretary of State has made arrangements under
15
section 80 of the Criminal Justice Act 1991 (c. 53) or other relevant
contractors.

An independent monitoring board under section 6 of the Prison Act 1952
(c. 52).

The Youth Justice Board.
20

Local probation boards.

Organisations with which a local probation board has made arrangements
of the kind mentioned in section 5(2)(a) of the Criminal Justice and Court
Services Act 2000 (c. 43).

Providers of probation services whose arrangements under section 3(2) of
25
the Offender Management Act 2007 provide for them to be controlling
authorities for the purposes of this Part.

Persons with whom a provider of probation services has made
arrangements of the kind mentioned in section 3(3)(c)(i) of the Offender
Management Act 2007.
30

Managers of removal centres (within the meaning of Part 8 of the
Immigration and Asylum Act 1999 (c. 33)).

Managers of short-term holding facilities (within the meaning of Part 8 of the
Immigration and Asylum Act 1999).

Persons with whom the Secretary of State has made arrangements under
35
section 156 of the Immigration and Asylum Act 1999.

A visiting committee under section 152 of the Immigration and Asylum Act
1999.