House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee:
592

Criminal Justice and Immigration Bill, continued

(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

Mr David Hanson

NC64

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.

Public Bill Committee:
593

Criminal Justice and Immigration Bill, continued

(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

nc65

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

Public Bill Committee:
594

Criminal Justice and Immigration Bill, continued

(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

nc66

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

nc67

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.

Public Bill Committee:
595

Criminal Justice and Immigration Bill, continued

(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

nc68

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;

Public Bill Committee:
596

Criminal Justice and Immigration Bill, continued

(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

nc69

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)—

Public Bill Committee:
597

Criminal Justice and Immigration Bill, continued

(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

nc70

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

Public Bill Committee:
598

Criminal Justice and Immigration Bill, continued

obtain information etc.

Mr David Hanson

nc71

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

nc72

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