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House of Commons PUBLIC BILL COMMITTEE CRIMINAL JUSTICE AND IMMIGRATION BILL Mr David Hanson 1 Clause 123,page 83, line 2, at end insert- " '( ) an order under section (Northern Ireland Commissioner for Prison Complaints: eligible complaints:general)(4), '( ) an order under section (Northern Ireland Commissioner for Prison Complaints: power to modify certain provisions)(1), (3) or (5), ( ) an order under section (Northern Ireland Commissioner for Prison Complaints: power to confer new functions),'. Mr David Hanson 2 Clause 127,page 84, line 36, at end insert- " ( ) section (Northern Ireland Commissioner for Prison Complaints: disclosure of information etc);'. Mr David Hanson 3 Clause 127,page 84, line 40, leave out paragraph (a) and insert- "(a) sections (Appointment etc. of Northern Ireland Commissioner for Prison Complaints) to (Northern Ireland Commissioner for Prison Complaints: power to confer new functions) (except section (Northern Ireland Commissioner for Prison Complaints: disclosure of information etc.)) and Schedules (The Northern Ireland Commissioner for Prison Complaints), (The Northern Ireland Commissioner for Prison Complaints: complaints remit), (The Northern Ireland Commissioner for Prison Complaints: deaths remit) and (The Northern Ireland Commissioner for Prison Complaints: controlling authorities);'. NEW CLAUSES Appointment etc. of Northern Ireland Commissioner for Prison Complaints Mr David Hanson 4 To move the following Clause:- "(1) There shall be a Commissioner, to be known as the Northern Ireland Commissioner for Prison Complaints (referred to in this Part as -the Commissioner"). (2) The main functions of the Commissioner are-
(a) dealing with eligible complaints (see sections (Northern Ireland Commissioner for Prison Complaints: eligible complaints: general) to (Northern Ireland Commissioner for Prison Complaints: recommendations by Commissioner); (b) investigating deaths falling within the deaths remit (see sections (Northern Ireland Commissioner for Prison Complaints: investigations of deaths) and (Northern Ireland Commissioner for Prison Complaints: reports on the outcome of a death investigation)); (c) carrying out other investigations at the request of the Secretary of State (see sections (Northern Ireland Commissioner for Prison Complaints: investigations requested by the Secretary of State) and (Northern Ireland Commissioner for Prison Complaints: reports on the outcome of an investigation under section (Northern Ireland Commissioner for Prison Complaints: investigations requested by the Secretary of State)).
(3) The functions of the Commissioner are performed on behalf of the Crown.
(4) The Secretary of State shall pay such sums towards the expenses of the Commissioner as the Secretary of State may determine.
(5) Schedule (The Northern Ireland Commissioner for Prison Complaints) makes further provision about the Commissioner.'.
Northern Ireland Commissioner for Prison Complaints: eligible complaints: general Mr David Hanson 5 To move the following Clause:- '(1) A complaint is eligible for the purposes of this Part if-
(a) it is about a matter within the complaints remit; (b) the matter relates to events which occurred on or after 2 May 2005; (c) it is not ineligible by virtue of section (Northern Ireland Commissioner for Prison Complaints: eligible complaints: specific requirements applicable to all complaints); and (d) it is made to the Commissioner by a person entitled to make it.
(2) A matter is within the complaints remit if it is of a description specified in Part 1 of Schedule (The Northern Ireland Commissioner for Prison Complaints: complaints remit) and is not an excluded matter.
(3) In subsection (2) -excluded matter" means- (a) a matter specified under subsection (4); (b) a matter to which subsection (5) applies; or (c) a health care matter (see subsection (7)).
(4) The Secretary of State may by order specify matters that are to be excluded matters for the purposes of subsection
(2). (5) This subsection applies to any matter which has been determined- (a) by a court (whether at a trial or otherwise); (b) by a tribunal specified in Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53); (c) by the Secretary of State or the Life Sentence Review Commissioners under the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I.2)); (d) by the Secretary of State or the Sentence Review Commissioners under the Northern Ireland (Sentences) Act 1998 (c. 35); (e) by the Secretary of State under the Northern Ireland (Remission of Sentences) Act 1995 (c. 47).
(6) Nothing in subsection (5) affects the eligibility of a complaint about the conduct of a person in connection with the provision of a report for- (a) a court or tribunal, or (b) the Secretary of State, the Life Sentence Review Commissioners or the Sentence Review Commissioners in connection with their functions under any enactment mentioned in subsection (5)(c) to (e).
(7) A health care matter is a matter relating to- (a) action taken in relation to general health services by a person mentioned in Article 8(3)(a) to (d) of the Commissioner for Complaints (Northern Ireland) Order 1996 (S.I. 1996/1297 (N.I.7)), or (b) action taken in relation to a service provided under arrangements with a health and social services body or a general health services provider by a person mentioned in Article 8A(3)(a) to (d) of that Order.
(8) In subsection (7), -action", -general health services", -general health services provider" and -health and social services body" have the same meaning as in that Order.
(9) It is for the Commissioner to determine procedures for the making of complaints (but they must not preclude the making of oral complaints).
(10) A person is entitled to make a complaint if that person- (a) is the relevant person in relation to the complaint; or (b) where the relevant person is dead or unable to act, appears to the Commissioner to be an appropriate person to make the complaint.
(11) In this Part, -the relevant person", in relation to a complaint about a matter within the complaints remit, is the person mentioned in the relevant paragraph of Schedule (The Northern Ireland Commissioner for Prison Complaints: complaints remit) as having been affected by that matter.
(12) For the purpose of determining whether a part of a complaint is eligible for the purposes of this Part, any reference in this section (apart from subsection (9)) to a complaint may be read as including a reference to a part of a complaint.'.
Northern Ireland Commissioner for Prison Complaints: eligible complaints: specific requirements applicable to all complaints Mr David Hanson 6 To move the following Clause:- '(1) Subject to subsection (3), a complaint is ineligible by virtue of this section if the Commissioner is satisfied that any of the requirements specified in subsection (2) has not been met. (2) Those requirements are-
(a) that a period of no more than one year has passed since the complainant first became aware of the matters giving rise to the substance of the complaint; (b) that the substance of the complaint has been communicated to the responsible authority and it has had a reasonable opportunity to deal with it; and (c) where the responsible authority has responded to the substance of the complaint following such a communication (whether by rejecting it or by addressing it in some other way) that a period of no more than three months has passed since it did so.
(3) But the Commissioner may- (a) waive any requirement specified in subsection (2), or (b) extend any period so specified, if satisfied that there is good reason why that requirement or period should be waived or extended in relation to the complaint. (4) In this section -the responsible authority", in relation to a complaint, means the controlling authority appearing to the Commissioner to have the most direct responsibility for the matters covered by the complaint.
(5) For the purpose of determining whether a part of a complaint is ineligible by virtue of this section, any reference in this section to a complaint may be read as including a reference to a part of a complaint.'.
Northern Ireland Commissioner for Prison Complaints: treatment of complaints 7 Mr David Hanson To move the following Clause:- '(1) This section applies where a complaint is made to the Commissioner. (2) The Commissioner shall- (a) consider the eligibility of the complaint, and (b) unless it is rejected as being ineligible, take appropriate action to deal with the complaint.
The duty under paragraph (b) is subject to the following provisions of this section.
(3) The action which may be taken by the Commissioner to deal with the complaint is-
(a) investigating the complaint, or (b) taking, or facilitating the taking by another person of, any other action (such as mediation or conciliation) which the Commissioner considers may result in the resolution of the complaint,
or any combination of the actions mentioned in paragraph (a) and (b). (4) The Commissioner shall reject the whole or any part of the complaint if- (a) when considering the eligibility of the complaint under subsection (2), or (b) at any time before the complaint has been fully dealt with, the Commissioner decides that the complaint or part of the complaint is ineligible.
(5) The Commissioner need not decide that the whole or any part of the complaint is ineligible so long as the Commissioner considers that it is or might be eligible.
(6) The Commissioner may (for any reason not relating to eligibility) decline to take, defer or stop taking action to deal with the whole or any part of the complaint.
(7) Where the Commissioner- (a) rejects part of a complaint, or (b) declines to take or stops taking action to deal with part of a complaint, the rest of the complaint shall be dealt with subsequently as if it were the complaint made by the complainant. (8) Where- (a) the whole or any part of a complaint has been rejected, or (b) a power under subsection (7)(b) has been exercised, the Commissioner may decide to re-open (and take action or further action under subsection (3) to deal with) the whole or any part of the complaint.
(9) But a complaint or part of a complaint may not be re-opened unless the Commissioner considers that it is or might be eligible.
(10) Where part of a complaint is re-opened it may be dealt with subsequently as if it were a separate complaint made by the complainant.
(11) If the Commissioner decides-
(a) to reject the whole or any part of the complaint, (b) to take any step mentioned in subsection (6) or (8), the Commissioner shall notify the complainant (with a brief statement of the reasons for the decision) and may notify such other persons as the Commissioner thinks fit. (12) Notification under subsection (11) may be given orally.
(13) If the complainant has died or is unable to act, the reference in subsection (11) to the complainant is to be read as a reference to the person who appears to the Commissioner to be the most appropriate person to receive the notification.
(14) Subject to the provisions of this section, it is for the Commissioner to determine the procedures applicable to anything which is to be done in relation to the complaint.'.
Northern Ireland Commissioner for Prison Complaints: report on the outcome of an investigation Mr David Hanson 8 To move the following Clause:- '(1) If a complaint has been investigated or otherwise dealt with, the Commissioner- (a) shall make a report on the outcome of the investigation to the complainant; and (b) may make a report on that outcome to any other person.
(2) The Commissioner may- (a) make a report orally; (b) make different reports to different persons; (c) show any person a draft of the whole or any part of a report; (d) publish the whole or any part of a report.
(3) But the Commissioner shall not under subsection (2)(d)- (a) identify the complainant without the complainant's consent; (b) if the complainant is not the relevant person in relation to the complaint, identify the relevant person without the consent of the complainant; (c) identify any individual from whom any information in the report was received; or (d) except where the Commissioner thinks it necessary in the public interest, identify any individual to whom any information in the report relates.
(4) Subsection (3)(c) and (d) do not apply in relation to the complainant or (if different) the relevant person.
(5) If the complainant has died or is unable to act- (a) the report required under subsection (1)(a) shall be made to the person who appears to the Commissioner to be the most appropriate person to receive it; and (b) the consent required by subsection (3)(b) may be given by any person appearing to the Commissioner to be an appropriate person to give that consent.'.
Northern Ireland Commissioner for Prison Complaints: recommendations by Commissioner Mr David Hanson 9 To move the following Clause:- '(1) The Commissioner may make recommendations to a controlling authority about any matter arising from a complaint which is or has been the subject of investigation by the Commissioner. (2) The authority must, within the period of 28 days commencing with the day on which it receives the recommendations, respond in writing to the Commissioner setting out (with reasons) what it proposes to do about them.
(3) The Commissioner may report on that response to such persons as the Commissioner may think fit.
(4) Subsections (2) to (5) of section (Northern Ireland Commissioner for Prison Complaints: report on the outcome of an investigation) apply in relation to reports under subsection (3) above as they apply in relation to reports required by that section.'.
Northern Ireland Commissioner for Prison Complaints: investigation of deaths Mr David Hanson 10 To move the following Clause:- '(1) The Commissioner shall carry out an investigation of every death falling within the deaths remit. (2) A death falls within the deaths remit if it is of a description specified in Schedule (Northern Ireland Commissioner for Prison Complaints: deaths remit).
(3) In carrying out the investigation, the Commissioner must aim- (a) to establish the circumstances surrounding the death; and (b) if the Commissioner considers it would be helpful to do so, to identify steps that should be taken for the purpose of eliminating or reducing the risk of deaths occurring under the same or similar circumstances.
(4) Subject to that, it is for the Commissioner to determine the scope of, and the procedure to be applied to, the investigation.
(5) The Commissioner may defer the whole or any part of the investigation at the request of a person who - (a) is conducting a criminal investigation, and (b) considers that that investigation might be adversely affected by the Commissioner's investigation.
(6) In subsection (5) -criminal investigation" means an investigation conducted by police officers or other persons with a view to ascertaining whether an offence has been committed or whether a person should be charged with an offence.
(7) The Commissioner may at any time reopen the investigation of- (a) a death previously investigated under this section; or (b) a death previously investigated by the Prisoner Ombudsman for Northern Ireland that would, if it occurred after the commencement of this section, fall within the deaths remit; and a re-opened investigation shall be treated for the purposes of this Part as a separate investigation under this section. (8) The Commissioner may make recommendations to a controlling authority about any matter arising from an investigation.
(9) Such recommendations may be made during the investigation or after its conclusion.'.
Northern Ireland Commissioner for Prison Complaints: reports on the outcome of a death investigation Mr David Hanson 11 To move the following Clause:- '(1) This section applies where the Commissioner has carried out an investigation of a death under section (Northern Ireland Commissioner for Prison Complaints: investigations of death). (2) The Commissioner shall make a report to- (a) the Secretary of State; (b) the controlling authority appearing to the Commissioner to have the most direct responsibility over the matters covered by the investigation (where that authority is not the Secretary of State); and (c) a coroner who is holding or who is to hold an inquest into the death.
(3) The Commissioner may also make a report to any other person the Commissioner considers should receive a report.
(4) The Commissioner shall exercise the power under subsection (3) to ensure that a report is made to at least one person who- (a) is a personal representative of the deceased, (b) was the partner, or other close relative, of the deceased at the time of the death, or (c) appears to the Commissioner to have been a friend of the deceased at the time of the death.
(5) The duty under subsection (4) does not apply if, after taking all reasonable steps to ascertain the identity of, and a means of contacting, a person falling within that subsection, the Commissioner is unable to comply with it.
(6) In subsections (2) to (4) "report" means a report in writing on the outcome of the investigation.
(7) The Commissioner may- (a) make different reports under this section to different persons; (b) show any person a draft of the whole or any part of a report to be made under this section; (c) publish the whole or any part of a report made under this section.
(8) The Commissioner must not under subsection (7)(c)- (a) identify the deceased person without the consent of a personal representative of that person, (b) identify any individual from whom any information in the report was received, or (c) except where the Commissioner thinks it necessary in the public interest, identify any individual to whom any information in the report relates.
(9) Subsection (8)(c) does not apply in relation to the deceased person.'.
Northern Ireland Commissioner for Prison Complaints: investigations requested by the Secretary of State Mr David Hanson 12 To move the following Clause:- '(1) The Secretary of State may request the Commissioner to investigate any matter mentioned in subsection (3) or (4) which is specified in the request. (2) The Secretary of State shall consult the Commissioner before making a request under this section.
(3) A request may specify any matter relating to events which have (or may have) occurred- (a) at applicable premises; (b) while a person is in the custody of prison officers or prisoner custody officers, or under their control or escort, anywhere in the world; (c) in the course of exercising any function of the Secretary of State relating to prisons or persons detained in prison; (d) in the course of exercising any functions of a prison officer or prisoner custody officer.
(4) A request may also specify any matter the Secretary of State considers is (or may be) linked to events falling within subsection (3).
(5) It is the duty of the Commissioner to investigate any matter which is the subject of a request under this section.
(6) Subject to any directions given to the Commissioner by the Secretary of State, it is for the Commissioner to determine the scope of, and the procedure to be applied to, an investigation under this section.
(7) Subject to any such directions, the Commissioner may at any time reopen- (a) an investigation previously carried out under this section; or (b) an investigation carried out by the Prisoner Ombudsman for Northern Ireland of matters referred to the Ombudsman by the Secretary of State (so far as relating to matters that could be the subject of a request under this section);
and a re-opened investigation shall be treated for the purposes of this Part as a separate investigation under this section. (8) In subsection (3)- (a) the reference in paragraph (c) to the Secretary of State is to the Secretary of State having responsibility for prisons in Northern Ireland; (b) the references to functions are to functions conferred by or under any Act or Northern Ireland legislation (including, in the case of prison officers, functions exercisable by virtue of section 8 of the Prison Act (Northern Ireland) 1953 (N.I. 18) (constabulary powers etc.).'.
Northern Ireland Commissioner for Prison Complaints: reports on the outcome of an investigation under section (Northern Ireland Commissioner for Prison Complaints: investigations requested by the Secretary of State) Mr David Hanson 13 To move the following Clause:- '(1) This section applies where the Commissioner has carried out an investigation under section (Northern Ireland Commissioner for Prison Complaints: investigations requested by the Secretary of State). (2) The Commissioner shall report in writing on the outcome of the investigation to- (a) the Secretary of State; and (b) such other persons (if any) as the Secretary of State may direct.
(3) Subject to any directions given by the Secretary of State, the Commissioner may- (a) make different reports under this section to different persons; (b) show any person a draft of the whole or any part of a report to be made under this section; (c) publish the whole or any part of a report made under this section.
(4) Where the investigation relates to a death or matters connected with a death, the name of the deceased person must not be published under subsection (3)(c) without the consent of a personal representative of that person.
(5) In the case of any investigation, a report published under subsection (3)(c) must not- (a) identify any individual from whom any information in the report was received, or (b) except where the Commissioner thinks it necessary in the public interest, identify any individual to whom any information in the report relates. (6) Where the investigation relates to a death or matters connected with a death, subsection (5)(b) does not apply in relation to the deceased person.'.
Northern Ireland Commissioner for Prison Complaints: powers of Commissioner to obtain information etc. Mr David Hanson 14 To move the following Clause:- '(1) This section confers powers on the Commissioner for the purposes of any investigation under this Part. (2) The Commissioner may require a person the Commissioner thinks is able to provide information or produce a document relevant to the investigation to do so.
(3) The Commissioner has the same powers as the High Court in relation to- (a) the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad); and (b) the production of documents.
(4) The Commissioner may also require a person to secure that access to any premises (other than premises used solely as a dwelling) is given to the Commissioner or members of the Commissioner's staff for the purpose of inspecting the premises or any documents or other things situated on them.
(5) Such access must be given at such reasonable times as the Commissioner may specify.
(6) The Commissioner may require any person who is at the premises at those times to provide such reasonable assistance as the Commissioner may specify.'.
Northern Ireland Commissioner for Prison Complaints: exceptions etc. to Commissioner's powers under section (Powers of Commissioner to obtain information) Mr David Hanson 15 To move the following Clause:- '(1) Subject to subsection (3), no person shall be compelled by virtue of this Part to give any evidence or do any other thing which that person could not be compelled to do in civil proceedings before the High Court. (2) No obligation to maintain secrecy or other restriction on the disclosure of information obtained by or provided to persons in Her Majesty's service, whether imposed by or under any enactment or by any rule of law, applies in relation to an investigation.
(3) The Crown is not entitled in relation to an investigation to any privilege in respect of the production of documents or of the giving of evidence as would otherwise be allowed in legal proceedings.
(4) No person shall be compelled or authorised by virtue of this Part- (a) to provide any information relating to proceedings of the Cabinet or of any Committee of the Cabinet; or (b) to produce any document relating to such proceedings.
(5) For this purpose a certificate which- (a) is issued by the Secretary of the Cabinet with the approval of the Prime Minister, and (b) certifies that any information or document (or part of a document) relates to any proceedings mentioned in subsection (4), is conclusive of the matters certified. (6) In this section "investigation" means any investigation under this Part.'. Northern Ireland Commissioner for Prison Complaints: obstruction and contempt Mr David Hanson 16 To move the following Clause:- '(1) The Commissioner may, if satisfied that the condition in subsection (2) is met in relation to a person, refer the matter to the High Court. (2) The condition is that the person- (a) has failed to comply with a requirement imposed by virtue of section (Northern Ireland Commissioner for Prison Complaints: powers of Commissioner to obtain information etc) or has otherwise, without lawful excuse, obstructed the performance of any of the Commissioner's functions; or (b) has committed an act or omission in relation to an investigation which, if the investigation were proceedings in the High Court, would constitute contempt of court.
(3) The High Court may inquire into the matter referred by the Commissioner and, if satisfied that the condition in subsection (2) is met, may deal with the person concerned as if that person were in contempt of court.'.
Northern Ireland Commissioner for Prison Complaints: legal and other representation Mr David Hanson 17 To move the following Clause:- 'The Commissioner may determine the circumstances under which and the extent to which persons may be represented by lawyers or other persons in connection with complaints or with investigations under section (Northern Ireland Commissioner for Prison Complaints: investigations of deaths) or (Northern Ireland Commissioner for Prison Complaints: investigations requested by the Secretary of State).'. Northern Ireland Commissioner for Prison Complaints: disclosure of information etc. Mr David Hanson 18 To move the following Clause:- '(1) For the purposes of this section information is protected information if it is obtained by the Commissioner (or a member of the Commissioner's staff)- (a) in carrying out functions in relation to, or otherwise in connection with, a complaint; (b) in carrying out or otherwise in connection with an investigation under section (Northern Ireland Commissioner for Prison Complaints: investigations of deaths) or (Northern Ireland Commissioner for Prison Complaints: investigations requested by the Secretary of State); or (c) from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 (c. 36).
(2) Such information ceases to be protected information 70 years after it is first obtained as mentioned in subsection (1).
(3) Protected information shall not be disclosed except- (a) for the purposes of any of the Commissioner's functions in relation to a complaint or to matters arising in connection with it; (b) in the case of information obtained in connection with an investigation, for the purposes of- (i) an investigation under section (Northern Ireland Commissioner for Prison Complaints: investigations of deaths) or (Northern Ireland Commissioner for Prison Complaints: investigations requested by the Secretary of State), or (ii) any of the Commissioner's functions in relation to such an investigation or to matters arising in connection with it; (c) for the purposes of proceedings for- (i) an offence under the Official Secrets Act 1989 (c. 6) alleged to have been committed in relation to protected information; or (ii) an offence of perjury alleged to have been committed in relation to anything being done in connection with the Commissioner's functions; or for the purposes of an investigation with a view to the taking of such proceedings;
(d) for the purposes of proceedings under section (Northern Ireland Commissioner for Prison Complaints: obstruction and contempt);
(e) to a coroner (or a person acting on behalf of a coroner) for the purposes of an inquest;
(f) to the Chief Inspector of Criminal Justice in Northern Ireland for the purposes of the exercise of any of the functions of that office;
(g) to Her Majesty's Chief Inspector of Prisons for England and Wales for the purposes of the exercise of any of the functions of that office;
(h) in the case of information to which subsection (4) applies, to the Information Commissioner;
(i) in the case of information to which subsection (7) applies, to any person to whom the Commissioner thinks it should be disclosed in the public interest.
(4) This subsection applies to information if it appears to the Commissioner to relate to- (a) a matter in respect of which the Information Commissioner could exercise a power conferred by an enactment mentioned in subsection (5); or (b) the commission of an offence mentioned in subsection (6).
(5) Those enactments are- (a) Part 5 of the Data Protection Act 1998 (c. 29); (b) section 48 of the Freedom of Information Act 2000 (c. 36); (c) Part 4 of that Act.
(6) Those offences are offences under- (a) any provision of the Data Protection Act 1998 (c. 29) other than paragraph 12 of Schedule 9; (b) section 77 of the Freedom of Information Act 2000 (c. 36).
(7) This subsection applies to information if- (a) in the opinion of the Commissioner it reveals or otherwise relates to a serious threat to the health or safety of a person; or (b) it does not fall within paragraph (a) but the Commissioner is nevertheless of the opinion that it should be disclosed for the purpose of enabling such a threat to be dealt with.
(8) No person mentioned in subsection (10) may be called upon in any proceedings to give evidence of protected information within subsection (1)(a) or (b).
(9) Subsection (8) does not apply in relation to proceedings mentioned in subsection (3)(c) to (e).
(10) Those persons are- (a) the Commissioner; (b) a member of the Commissioner's staff; (c) a person from whom advice is obtained by virtue of paragraph 11 of Schedule (The Northern Ireland Commissioner for Prison Complaints).
(11) For the purposes of the law of defamation the publication of any matter by the Commissioner for purposes connected with his functions (including functions under this section) shall be absolutely privileged.'.
Northern Ireland Commissioner for Prison Complaints: disclosure prejudicial to national security or contrary to public interest Mr David Hanson 19 To move the following Clause:- '(1) The Secretary of State may give a notice to the Commissioner stating that the disclosure of- (a) any document or information specified in the notice, or (b) any description of document or information so specified, would, in the opinion of the Secretary of State, prejudice national security or would otherwise be contrary to the public interest. (2) Nothing in this Part authorises or requires the Commissioner (or any member of the Commissioner's staff) to disclose to any person or for any purpose any document or information covered by a current notice under subsection (1).'. Northern Ireland Commissioner for Prison Complaints: offence of wrongful disclosure Mr David Hanson 20 To move the following Clause:- '(1) It is an offence for a person to whom this section applies- (a) to disclose information in contravention of section (Northern Ireland Commissioner for Prison Complains: disclosure of information etc.), or (b) to disclose any document or information specified, or of a description specified, in a current notice under section (Northern Ireland Commissioner for Prison Complaints: disclosure prejudicial to national security or contrary to public interest).
(2) The persons to whom this section applies are- (a) the Commissioner, (b) any member of the Commissioner's staff, and (c) any person from whom advice is obtained advice by virtue of paragraph 11 of Schedule (The Northern Ireland Commissioner for Prison Complaints).
(3) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.'.
Northern Ireland Commissioner for Prison Complaints: notification of matters of potential concern to the police or other authorities Mr David Hanson 21 To move the following Clause:- '(1) If while performing any functions the Commissioner forms the opinion- (a) that there should be a criminal investigation into any matter, or (b) that a controlling authority should, as a matter of urgency, take action in relation to any matter, the Commissioner may notify a police force or that authority (as the case may be) of the matter as soon as is practicable. (2) A notification under subsection (1) may include such information relating to the matter in question as the Commissioner thinks fit.'. Northern Ireland Commissioner for Prison Complaints: power to pay expenses Mr David Hanson 22 To move the following Clause:- '(1) Subject to subsection (3), the Commissioner may make payments (of such amounts as the Commissioner thinks fit) towards the expenses of- (a) a person who has made an eligible complaint; or (b) a person who provides the Commissioner with information or other assistance in relation to an eligible complaint or to an investigation under section (Northern Ireland Commissioner for Prison Complaints: investigations of deaths) or (Northern Ireland Commissioner for Prison Complaints: investigations requested by the Secretary of State).
(2) The Treasury may issue guidelines in relation to- (a) the circumstances under which payments under this section may be made; and (b) the amounts of such payments. (3) The Commissioner must comply with any guidelines so issued.'.
Transitional provision: the Prisoner Ombudsman for Northern Ireland Mr David Hanson 23 To move the following Clause:- '(1) The Prisoner Ombudsman for Northern Ireland ("the Ombudsman") has no power to act in relation to- (a) any complaint made after commencement (whether or not it relates to events which occurred before or on or after 2 May 2005); (b) any death or other matter occurring after commencement; (c) any matter referred by the Secretary of State after commencement.
(2) The Ombudsman shall continue to act (under the applicable terms of reference) in relation to- (a) any complaint made before commencement ("an existing complaint"), (b) any death occurring before commencement ("an existing death investigation"), and (c) any other matter referred to the Commissioner by the Secretary of State before commencement ("an existing referral investigation"), unless the complaint, death or matter is treated by the Commissioner as one to be dealt with under this Part by virtue of subsection (4). (3) The Ombudsman may re-open a completed investigation into any death or other matter referred by the Secretary of State (unless it has previously been re-opened under section (Northern Ireland Commissioner for Prison Complaints: investigations of death) or (Northern Ireland Commissioner for Prison Complaints: investigations requested by the Secretary of State) by the Commissioner).
(4) The Commissioner may treat- (a) an existing complaint (so far as relating to matters within the complaints remit) as an eligible complaint (whether or not it relates to events which occurred before or on or after 2 May 2005); (b) an existing death investigation (if it relates to a death that would fall within the deaths remit if it occurred after the commencement of this section) as an investigation under section (Northern Ireland Commissioner for Prison Complaints: investigations of death); (c) an existing referral investigation (so far as relating to matters that could be the subject of a request under section (Northern Ireland Commissioner for Prison Complaints: investigations requested by the Secretary of State)) as an investigation under section (Northern Ireland Commissioner for Prison Complaints: investigations requested by the Secretary of State).
(5) For the purposes of any complaint, death or matter which is to any extent dealt with under this Part by virtue of subsection (4), things done by or in relation to the Ombudsman shall be treated as having been done by or in relation to the Commissioner.
(6) In this section "commencement" means the commencement of this section.'.
Northern Ireland Commissioner for Prison Complaints: interpretation Mr David Hanson 24 To move the following Clause:- '(1) In this Part- "applicable premises" means a prison, a young offenders centre or a remand centre in Northern Ireland; "the complaints remit" is to be construed in accordance with section (Northern Ireland Commissioner for Prison Complaints: eligible complaints: general)(2);
"controlling authority" means- (a) a person listed in Schedule (Northern Ireland Commissioner for Prison Complaints: controlling authorities); or (b) any person of a description specified in an order made by the Secretary of State;
"the deaths remit" is to be construed in accordance with section (Northern Ireland Commissioner for Prison Complaints: investigations of deaths)(2); "document" includes information recorded in any form; "eligible", in relation to a complaint or part of a complaint, means eligible for the purposes of this Part in accordance with section (Northern Ireland Commissioner for Prison Complaints: eligible complaints: general)(1) (and cognate expressions are to be construed accordingly); "events" includes any conduct or omission; "police force" means- (a) the Police Service of Northern Ireland; (b) a police force in England, Wales or Scotland; (c) the Ministry of Defence Police;
(d) the British Transport Police Force;
and "police officer" shall be construed accordingly; "prison officer" means an individual appointed to a post under section 2(2) of the Prison Act (Northern Ireland) 1953 (N.I.18); "prisoner custody officer" means a person who is a prison custody officer within the meaning of Chapter 3 of Part 8 of the Criminal Justice and Public Order Act 1994 (c. 33); "the relevant person", in relation to a complaint, has the meaning given by section (Northern Ireland Commissioner for Prison Complaints: eligible complaints: general)(10); "subordinate legislation" has the same meaning as in the Interpretation Act 1978 (c. 30). (2) In this section, "prison" has the same meaning as in the Prison Act (Northern Ireland) 1953 (N.I.18).
(3) Any power under this Part to make an order modifying a provision of any legislation includes power to amend, repeal or revoke that provision.'.
Northern Ireland Commissioner for Prison Complaints: power to modify certain provisions Mr David Hanson 25 To move the following Clause:- '(1) The Secretary of State may by order modify Schedule (Northern Ireland Commissioner for Prison Complaints: complaints remit) so as to- (a) add a description of matter to that Schedule; or (b) amend or repeal any description of matter for the time being specified there.
(2) The power in subsection (1) may not be exercised so as to exclude any matters that fall within a description specified in Schedule (Northern Ireland Commissioner for Prison Complaints: complaints remit) when this Act is passed.
(3) The Secretary of State may by order modify Schedule (Northern Ireland Commissioner for Prison Complaints: deaths remit) so as to- (a) add a description of death; or (b) amend or repeal any description of death for the time being specified there.
(4) The power in subsection (3) may not be exercised so as to exclude any deaths that fall within a description specified in Schedule (Northern Ireland Commissioner for Prison Complaints: deaths remit) when this Act is passed.
(5) The Secretary of State may by order modify subsection (3) of section (Northern Ireland Commissioner for Prison Complaints: investigations requested by the Secretary of State) so as to- (a) add a description of events; or (b) amend or repeal any description of events for the time being specified in that subsection.
(6) The Secretary of State may by order modify section (Northern Ireland Commissioner for Prison Complaints: disclosure of information etc.) so as to- (a) add an exception to subsection (3); (b) amend or repeal an exception for the time being specified in that subsection; or (c) specify further circumstances in which subsection (8) does not apply.
(7) The power in subsection (6) may not be exercised so as to have the effect of removing or limiting an exception contained in section (Northern Ireland Commissioner for Prison Complaints: disclosure of information etc.)(3)(a) or (b) when this Act is passed.
(8) The power under section 123(3)(c) to make consequential provision in an order under this section includes power to modify this or any other Act or any subordinate legislation, or any Northern Ireland legislation or instrument made under Northern Ireland legislation, whenever passed or made.
(9) Nothing in subsection (2), (4) or (7) prevents a power under this section being used to remove any provision that is spent.'.
Northern Ireland Commissioner for Prison Complaints: power to confer new functions Mr David Hanson 26 To move the following Clause:- '(1) The Secretary of State may by order make provision (whether by amending this Part or otherwise) for or in connection with- (a) the conferring of additional functions on the Commissioner; (b) the conferring of functions on the Secretary of State in relation to any additional function conferred on the Commissioner.
(2) The power under section 123(3)(c) to make consequential provision in an order under this section includes power to modify this or any other Act or any subordinate legislation, or any Northern Ireland legislation or instrument made under Northern Ireland legislation, whenever passed or made.'.
NEW SCHEDULES Mr David Hanson 27 To move the following Schedule:- "THE NORTHERN IRELAND COMMISSIONER FOR PRISON COMPLAINTS Appointment and removal from office 1 Her Majesty may appoint a person to be the Commissioner. 2 (1) A person appointed as Commissioner shall hold office for such term, not exceeding five years, as may be specified in the terms of appointment. (2) At the end of that term the person concerned is eligible for re-appointment for a further period not exceeding five years. (3) A person may not be re-appointed for a third consecutive term unless, by reason of special conditions, such re-appointment is desirable in the public interest.
3 (1) The Commissioner may be relieved of office by Her Majesty at the Commissioner's own request or removed from office by Her Majesty in consequence of Addresses from both Houses of Parliament. (2) Her Majesty may declare the office of Commissioner to have been vacated if satisfied that the person appointed is incapable for medical reasons of performing the functions of that office. Remuneration, pensions and other benefits 4 The Secretary of State shall pay the Commissioner such remuneration and such travelling and other allowances as the Secretary of State may determine. 5 The Secretary of State shall pay to or in respect of a person who holds or has held office as Commissioner such pension, allowances or gratuities as the Secretary of State may determine. Appointment of acting Commissioner 6 (1) Where the office of Commissioner becomes vacant, the Secretary of State may appoint a person as acting Commissioner. (2) The power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with the day on which the vacancy arose. 7 (1) Any person holding office as acting Commissioner shall cease to hold that office- (a) on the appointment of a new Commissioner; or (b) at the end of the period of two years beginning with the day on which the vacancy arose.
(2) Otherwise, a person appointed as acting Commissioner holds office in accordance with the terms of appointment. 8 A person holding office as acting Commissioner is to be treated for all purposes (apart from those of paragraphs 1 to 7) as the Commissioner.
The Commissioner's staff 9 The Commissioner's staff shall be provided by (or in pursuance of arrangements made by) the Secretary of State. Delegation of functions 10 (1) Any function of the Commissioner may be performed on behalf of the Commissioner by an authorised member of staff (but only to the extent that the person concerned is authorised to do so). (2) In sub-paragraph (1) -authorised member of staff" means a member of the Commissioner's staff who is authorised by the Commissioner to exercise that function. Advisers 11 (1) The Commissioner may obtain advice to assist in the performance of any of the Commissioner's functions from any person who appears to the Commissioner to be qualified to give it. (2) The Commissioner may pay fees or allowances to any person in relation to the provision of advice under this paragraph. Annual and other reports 12 (1) The Commissioner- (a) shall publish a general report on the performance of the Commissioner's functions during each year (an -annual report"); (b) may publish other reports with respect to those functions.
(2) An annual report must be published as soon as may be practicable after the end of the year to which it relates.
(3) The Commissioner shall send a copy of each report under this paragraph to the Secretary of State.
(4) The Secretary of State shall lay before Parliament- (a) a copy of each annual report, (b) a copy of any other report under this paragraph which is sent with a request for it to be so laid, and shall do so as soon as practicable after receiving a copy of the report concerned.'.
Mr David Hanson 28 To move the following Schedule:- "THE NORTHERN IRELAND COMMISSIONER FOR PRISON COMPLAINTS: COMPLAINTS' REMIT PART 1 THE SPECIFIED MATTERS 1 Any matter relating to the way in which a person has been treated at any 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. 3 Any matter relating to the exercise, in relation to a person who has been charged with or convicted of an offence, of any statutory function of the Secretary of State relating to applicable premises or persons held there. PART 2 SUPPLEMENTARY 4 In this Schedule, -statutory function" means functions conferred by or under any Act or by or under Northern Ireland legislation (including, in the case of prison officers, functions exercisable by virtue of section 8 of the Prison Act (Northern Ireland) 1953 (N.I. 18)). 5 The matters covered by paragraph 2 include matters affecting a person who has been charged with and convicted of an offence which relate to the exercise of the statutory functions of a prison officer or a prison custody officer. 6 In paragraph 3 the references to the Secretary of State are references to the Secretary of State having responsibility for prisons in Northern Ireland.'. Mr David Hanson To move the following Schedule:- "THE NORTHERN IRELAND COMMISSIONER FOR PRISON COMPLAINTS: DEATHS REMIT 1 A death of a person at any applicable premises while being held there. 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 (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.'.
To move the following Schedule:- "THE NORTHERN IRELAND COMMISSIONER FOR PRISON COMPLAINTS: CONTROLLING AUTHORITIES The Secretary of State. Governors of prisons, young offender centres and remand centres in Northern Ireland. An independent monitoring board appointed under section 10 of the Prisons Act (Northern Ireland) 1953 (N.I. 18). Persons with whom the Secretary of State has made arrangements under section 118 of the Criminal Justice and Public Order Act 1994 (c. 33).'. Mr David Hanson 31
Title, line 4, after "Prisons' insert "and the Northern Ireland Commissioner for Prison Complaints'.
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