House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

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(b)
certifies that any information or document (or part of a document) relates

to any proceedings mentioned in subsection (2),


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

nc73

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

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).’.

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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;


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—

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(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

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.

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(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.

(2)
A notification under subsection (1) may include such information relating to the

matter in question as the Commissioner thinks fit.’.

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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—

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(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;

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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

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);