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Notices of Amendments:                               

531

 

Criminal Justice and Immigration Bill, Continued

 
 

(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

 

nc74

 

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

 

nc75

 

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;


 
 

Notices of Amendments:                               

532

 

Criminal Justice and Immigration Bill, Continued

 
 

    

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


 
 

Notices of Amendments:                               

533

 

Criminal Justice and Immigration Bill, Continued

 
 

national security or contrary to public interest

 

Mr David Hanson

 

nc76

 

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

 

NC77

 

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

 

NC78

 

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.


 
 

Notices of Amendments:                               

534

 

Criminal Justice and Immigration Bill, Continued

 
 

(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

 

NC79

 

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

 

NC80

 

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—


 
 

Notices of Amendments:                               

535

 

Criminal Justice and Immigration Bill, Continued

 
 

(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: investigtions 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

 

NC81

 

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—

 

(c)    

the Police Service of Northern Ireland;

 

(d)    

a police force in England, Wales or Scotland;

 

(e)    

the Ministry of Defence Police;

 

(f)    

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);


 
 

Notices of Amendments:                               

536

 

Criminal Justice and Immigration Bill, Continued

 
 

“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

 

NC82

 

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.


 
 

Notices of Amendments:                               

537

 

Criminal Justice and Immigration Bill, Continued

 
 

(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

 

NC83

 

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.’.

 

Mr David Hanson

 

NS6

 

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.


 
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